Arrow - Please Help Me Court Case Looming!!!!!

[Jaspiro]

HELP PLEASE!!!

 

A firm of Solicitors acting on behalf of Arrow Global LLC who are the alleged assignees of MBNA the original creditor is suing me for an alleged debt of circa £4K.

 

I received the POC from the solicitors that alleged certain matters chiefly the following (my defence in italics and bold):

1. I entered into Credit Card Agreement with MBNA which required equal monthly payment;

(Jaspiro: I admitted entering into a credit card agreement)

 

2. that Arrow were assignees of MBNA

(Jaspiro: I denied knowing Arrow were the assignees of MBNA as I didn't receive proof of assignment)

 

3. that MBNA may claim and recover all charges

(Jaspiro: I denied that MBNA may recover all charges)

 

4. that a default notice was served on me.

(Jaspiro: I denied ever receiving a default notice or one being served on me)

 

I admitted in the POC that I owed part of the alleged debt (circa £2K) but disputed that it was not the £4K stated as the £4K was essentially made up of unfair charges etc, which are tantamount to a penalty. I stated that penalty charges were irrecoverable at common law. PS, I HAVE SENT A SUBJECT ACCESS REQUEST TO MBNA.

 

I recently received the allocation questionnaire, which I’ve completed and returned to my local County Court.

 

On 21st December, I made a request of the true signed copy of the credit card agreement pursuant to sections 77-78 of Consumer Credit Act 1974. IS MY REQUEST TOO LATE? The solicitor reckons it is as I have missed the opportunity to do so pre trial. CAN I INSIST IN COURT THAT MY REQUEST UNDER THE CONSUMER CREDIT ACT IS PRODUCED AS PART OF DISCLOSURE?

 

I have also been in contact with the solicitor (without prejudice) and made an offer of £2K in full and final settlement, which Arrow have accepted subject to paying this in full. I told the solicitor I do not have that kind of money as I have other debts and responsibilities etc. WHY ARE THEY AGREEING TO £2K FULL AND FINAL SETTLEMENT? COULD IT BE THAT THEY DON’T HAVE THE ORIGINAL CCA?

I ASKED THE SOLICITOR IF THEY HAD THE ORIGINAL CCA AND SHE RESPONDED THAT IT WOULD BE IN HER CLIENT’S ARCHIVES. MAKE OF THAT WHAT YOU WILL!!!

 

The solicitor suggested I send her a post-dated cheque for a £500 before the court hearing and I told her that I was uncomfortable doing this, as Arrow would most certainly set-off this amount against the alleged debt and pursue me for the remainder. AM I RIGHT TO BE WARY?

 

Having found the CAG website and being more knowledgeable, I now know that the defence I filed with the court could have been stronger. CAN I APPLY TO THE COURT TO CHANGE/VARY MY DEFENCE? AND CAN I DETAIL ALL THE DOCUMENTS I INTEND TO RELY ON TO DEFEND THE CLAIM AND ASK THAT SAME BE DISCLOSED TO THE COURT AND ME?

 

I will really appreciate any advice please as I’m desperate.

 

rgds

 

Jaspiro

[silverfox1961]

sorry, can't help personally but by typing this it will bump your post up

 

fox

[stephen7]

sorry, not knowledgable enough to help either, but in a fight with arrow also, so watching with interest,

i am sure someone better than me on here will be able to offer some good sound advice.

good luck

[pt2537]

whoooops posted on the wrong thread, sorry, ive removed the post and have moved it to the correct thread

[Jaspiro]

Thanks stephen7 and silverfox1961. pt2537 where can i find this new thread?

[pt2537]

Thanks stephen7 and silverfox1961. pt2537 where can i find this new thread?

no, sorry, what happened was that i had three windows open with three different threads on them, one was yours and one was stephens thread, i made my post on your thread by accident but i was answering stephens question

[Jaspiro]

Thanks pt2537.. I take it as my thread is in the right forum?

[Docman]

Hi Jaspiro

Yes you are in the right forum and many of us here should be able to help.

It appears you have filed a defence? If so, can you post up a copy after taking out any personal identifying details. Alternativley, did you just return the court's form?

As I read it, you appear to admit to a debt of around £2k to MBNA but nothing to Arrow and that you have not had documentation from Arrow. Don't bother with the S77/78 route now that legal proceedins have started. Instead you should use the rules of the court known as the Civil Procedure Rules [CPR] that can be downloaded from the court at http://www.justice.gov.uk/civil/procrules_fin/index.htm.

I suggest you use CPR 31 to demand copies of the main documents that Arrow are relying on by sending a letter to their solicitors, for example

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your client’s claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

Send the letter asap

DOC

[Jaspiro]

Thanks docman... I really appreciate your guidance and the attached letter. I will try to scan the defence and upload from work next week.

 

Thanks again.