keepgoing vs MBNA / Arrow global / weightmans

[keepgoing]

Hi all.

 

Have received my court papers from northampton today rgarding a virgin cc. its looks like arrow have bought the debt from mbna and weightmans are going for broke.

 

the particulars are

 

1. by a credit aggrement('the agreement')the defendant entered into a contract for the provision of credit services with MBNA europe bank Limited(MBNA). this aggrement is regulated by the consumer credit act 1974.

2. on 16 october 2008, the claimant, which is a company incorporated in the state of delaware USA and its registered office at 5996 W Touhy Avenue, Niles IL, 60714 USA, aquired all of MBNA's rights in realtion to the aggrement.

3. The defendant is indebted to the claimant in the sum of 7301.80 in respect of the principle sum and interest due under the agreement

4.the defendant has breached the agreement by failing to make payments specified under the terms of the agreement.

5. accordingly, MBNA sent the defendant a default notice in respect of the agreement pursuant to section 87(1) of the consumer credit act 1974. the notice informed the defendant that he had breached the terms of the relevant agreement and set out steps to rectify the

 

 

thats not a typo at the end, thats have the claim finishes.

Now im stuck, reading through the forums i have to acknowledge service online? the issue date is 10th feb so if im right its 10+5+14 to file acknowledge and another 14 days to get my cpr requests to weightmans.

 

I have studied the forums at length and tried to help folks when i can offer advise but when it comes myself i'm all thumbs and dont want to foul it up.

 

thanks in advance

keepgoing(sweating slightly)

[supasnooper]

Hi there,

 

It is 5 + 14 days to acknowledge service and a further 14 days to submit a defence.

 

If you are going to defend the claim, just do the Acknowledgment of Service part.

 

Do NOT submit a defence yet.

 

Get the CPR31.14 letter off to Weightmans ASAP

 

Get a Consumer Credit Agreement request off to Virgin/MBNA.

 

and I would also send a Subject Access Request to Virgin/MBNA as well.

 

 

Have you ever received the Default Notice for the account ?

 

If so, please scan and post up here (minus personal details).

[keepgoing]

thanks for the fast reply

 

the closest i have is a letter saying

 

A default is due to register on your credit file for six years in relation to the above account. When the default is registered, the balance on your account will be SOLD to a third party.

 

to prevent this etc etc

 

no mention of

default notice under credit consumer act etc ect

 

i dont throw anything away, but could one magically appear when it comes to court?

 

thxs

[keepgoing]

Pictures by jolly77 - Photobucket

This is the reply to CCA request to MBNA, if i studied these forums for 6 months and then put an agreement together this is what i think it would look like, right down to being double sided printed.

keepgoing

[Von Greenbach]

Keepgoing, you need to delete those images as the 1st one is showing a ref number

[Von Greenbach]

When did you open the account?

[42man]

KG....i've unapproved your posting, not because you've done anything wrong, but you left the reference number on the documents which could easily lead anyone looking back to you....DCA's do read these forums....please do edit the ref number or anything else that might identify you and post the link back up....

[keepgoing]

have cropped the first image, ref number gone

 

account opened on 19/10/2007

 

http://photobucket.com/keepgoing77

 

Thanks for the pull 42man

 

the agreement was done online, i may have even printed the original somewhere.....must check

Edited February 11, 2009 by keepgoing

[42man]

Thanks for doing that i've reapproved....

[keepgoing]

one thing i'm not sure on.

 

Any cca would have been with MBNA but the claimant is Arrow global who have bought the debt, does this mean i'm debited to arrow for the whole amount or just what they paid for it?

 

MBNA no longer have any interest in the matter, must i have signed something to say they can sell the debt on? I understand that they may pass on information to third parties but is this different?

 

thanks in advance, after yesterday i feel a little better knowing i have cag members support.

[42man]

Arrow will have bought the debt for somewhere between 10% and 30% of the original amount.....are there any excessive penalty charges on the account ? did you receive a default notice from the original creditor ? Have you tried sending a SAR to the OC ?

[keepgoing]

Arrow will have bought the debt for somewhere between 10% and 30% of the original amount.....are there any excessive penalty charges on the account ? did you receive a default notice from the original creditor ? Have you tried sending a SAR to the OC ?

 

now its going to court should i send a SAR to MBNA or CPR to weightmans to file a defence, or do both.

 

Is the amount that they can claim the original amount (what they are trying to do)or the price it was bought for(what they have actually paid for it)? ie can arrow claim the full amount or only the amount they bought it for and how do i find out if i've allowed MBNA to sell the debt.

 

Sorry for all the questions but i'm trying to get the correct angle on this so i know who i need to write to and why.

 

thanks in advance

[42man]

OK....as you know you have to acknowledge the claim from within 14 days of the date on the claim, state that you want do defend it all if that is your intention, then you get a further 14+3 days in which to submit the defence....

 

I know if it was me in your situation I would send this letter below to Weightmans..(recorded delivery)

 

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 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 default notice

 

3 the assignment

 

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents 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

[42man]

Have a read of this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[42man]

Just keep a very close eye on the timescales.....!! don't miss the deadlines...

[keepgoing]

thats great 42man, thanks for the assist.

 

I read somewhere an extended version (i think) that deals with the claimant having to explain laying out procedures for the storage and retrieval of electronic documents....its tied in with a companies compliance with BS10008 (i think). I think all the documents in this case will be electronic ones and not fuzzy copies

[keepgoing]

with the account start date being so recent do i have no chance with this....letter going off to weightmans in the morning, recorded post.

 

Have heard that ammendments to the law in 2006 has kicked everything into a cocked hat, or is my panic being to show through.

 

thanks in advance

[keepgoing]

have sent AOS and cpr request to weightmans....fingers crossed

[keepgoing]

hello all,

Have today got a reply from weightmans

 

dear sir

 

we write to acknowledge receipt of your request for documents under CPR 31.14

 

we are not the creditor to whom the above balance is owed; we are solicitors instructed by Arrow Global Limited. we do not have copies of any of the documents which you have requested. we confirm we have today asked our client to send us copies of the requested documentation which we will then forward to you.

 

Your account has been placed on hold whilst we await requested documentation from our client. we will write to you again shortly.

 

yours, etc

 

 

there is no mention of agreement to extention of time scales for defence or mention when they will have the documents and i need to watch the clock for filing my defence against this.

 

any thoughts?

 

thanks in advance

[keepgoing]

hello all,

 

This reply I have had from weightmans is not help at all and the clock is ticking. Can I file a defence based on what they have said?

 

thanks in advance

[keepgoing]

sorry to bump this but i'm halfway tru the time i have left and still no reply from weightmans....what can i do

[Decanus]

contact the court, and explain the situation. It is putting you at a disadvantage after all.

 

I am going through the court process myself, and this may give you an idea:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170982-dreaded-court-claim-came.html

 

the court is neutral, so you can trust what they say, but remember the creditor just wants its money, and will use every tactic that it can - respond late to letters, not fulfill CPR requests etc

[keepgoing]

still no reply on info from weightmans, contacted the court and have until close of business on the 16th to file a defence. The guy i spoke to at court didn't sound to interested. He admitted he was having a crap week so far, sounds like a million similar cases he is dealing with.

 

So far weightmans have had a cpr 31.14 request sent to them which they have acknowledged but offered no extention of time and no reply since.

 

Are there any template letters for a holding defence i can put forward??

 

I'm stuffed if i dont reply and legal speak is beyond me.

 

thanks in advance

[cybermoth]

bump

[citizenB]

KG, what is the situation here, did you file a holding/embarrassed defence. If you are still needing assistance, please advise.

 

Cybermoth... Thanks