Arrow/evershers CCJ+CO over old MBNA debt

[reggie76]

Wilson and First County Trust NOT First Capital

 

sh1t thx Chris.

 

SAR has now officially gone to the courts, wish me luck :-|

[car2403]

sh1t thx Chris

 

Thanks, but that was Paul...

[reggie76]

Thanks, but that was Paul...

 

Soz thx Paul

[reggie76]

Just received copy of the DN and NOA, is this letter acceptable as a NOA?

 

 

Edited April 29, 2009 by reggie76
Delete account no

[I've got no money]

Are you sure that they haven't sent another NoA

 

If this is the first one that you've had -

 

Firstly it should have been served before procs were commenced either by personal service or by registered post - so they have a problem

 

Secondly if it is to act as an NoA then it gives sufficient info BUT as it quotes figures they need to be accurate - it will almost certainly include unlawful account charges which will invalidate it in terms of the NoA and possibly also (and I'm not an expert here) in terms of it as a DN

[I've got no money]

Can somebody else who knows more about DN's than I do check my point about unlawful charges invalidating a DN

[Docman]

reggie,

 

Did you get anything earlier from MBNA? Is the credit card account number quoted on the NOA the same as your account?

[the_shadow]

Did you already know the default notice is crud?

 

Didnt allow you the 14+2 days service for the letter to arrive.

 

1. Interpretation Act 1978, Section 7

 

This states:-

 

Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expressions "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have effected at the time at which the letter would be delivered in the ordinary course of post."

 

2. Practice Direction

Service of Documents - First and Second Class Mail.

With effect from 16 April 1985 the Practice Direction issued on 30 July 1968 is hereby revoked and the following is substituted therefore.

1. Under S7 of the Interpretation Act 1978 service by post is deemed to have been effected, unless the contrary has been proved, at the time when the letter would be delivered in the ordinary course of post.

2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected:-

(a) in the case of first class mail, on the second working day after posting;

(b) in the case of second class mail, on the fourth working day after posting.

"Working days" are Monday to Friday, excluding any bank holiday.

3. Affidavits of service shall state whether the document was dispatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.

4. This direction is subject to the special provisions of RSC Order 10, rule 1(3) relating to the service of originating process.

 

8th March 1985

J R BICKFORD SMITH Senior Master

Queen's Bench Division

[car2403]

Oh dear. Is the Claim being brought by Arrow? If so, what was the claim date? If the claim date predates the date of the NOA, they weren't entitled to bring it against you!

 

If the NOA contains unfair or penalty charges, it will be invalid. These will also invalidate the Default Notice, rendering the debt totally questionable...

 

Anything else they didn't do right?

[reggie76]

Cheers guys for the comments. So should a NOA have come from MBNA initially? I have sent them a SAR but had nothing yet.

 

I asked the solicitors, acting on behalf of Arrow, for a copy of the DN and NOA and that is what they have sent me.

 

Also received letter from the courts today I have a hearing for my set aside application on the 1st of June.

[reggie76]

Docman, yes account number is correct I checked it.

[I've got no money]

Cheers guys for the comments. So should a NOA have come from MBNA initially? I have sent them a SAR but had nothing yet.

 

.

 

No - technically not

[I've got no money]

 

If the NOA contains unfair or penalty charges, it will be invalid. These will also invalidate the Default Notice, rendering the debt totally questionable...

 

I thought that but I wasn't sure about the DN - if Reggie is gonna run the argument it'd help if he could refer to the law on it...is there a regulation or a case on the point

[reggie76]

What I can't get my head round is I get a DN and a NOA letter from Arrow for a debt which was with MBNA and if I clear the arrears by the date specified no further enforcement action will be taken yet I need to contact their solicitors who are now acting on their behalf!!!

[I've got no money]

What I can't get my head round is I get a DN and a NOA letter from Arrow for a debt which was with MBNA and if I clear the arrears by the date specified no further enforcement action will be taken yet I need to contact their solicitors who are now acting on their behalf!!!

 

Technically MBNA can assign an account even if its' not in arrears HOWEVER Arrow would have to be in a position to operate the account...once its' been assigned Arrow could do a DN

 

I s'pose that one, of many issues, is can they do a DN and an NoA in the same letter - I'm not sure.

 

They can't do a DN before you've had the NoA (because up to that point they don't have any interest)

 

What does everybody else think?

[reggie76]

Technically MBNA can assign an account even if its' not in arrears HOWEVER Arrow would have to be in a position to operate the account...once its' been assigned Arrow could do a DN

 

I s'pose that one, of many issues, is can they do a DN and an NoA in the same letter - I'm not sure.

 

They can't do a DN before you've had the NoA (because up to that point they don't have any interest)

 

What does everybody else think?

 

If someone could offer advice on the above quote and is it definitely 14 days I should be given to pay the arrears in the default notice?

[car2403]

The date of the claim will be on the claim form the Court sent you originally.

[reggie76]

The date of the claim will be on the claim form the Court sent you originally.

 

Doh!

[I've got no money]

The DN should give 14 days for the corrective action but don't forget that it's 14 days from receipt

[reggie76]

IGNM, where is that stated?

[I've got no money]

IGNM, where is that stated?

 

I'll find it and get back to you

[reggie76]

Another question, when an application to set aside a judgment is sent to the courts, do you automatically get a hearing or is at the discretion of the judge and only if the thinks you have a reasonable chance of success?

[Docman]

Default Notice

 

By S88 (1)© of the Act, the date before which any breach can be remedied or compensation paid, must be stated in the Default Notice. By S 88 (2) of the Act, as amended by s14(1) of the Consumer Credit Act 2006 as from 1 October 2006, the specified date must not be less than 14 days after the date of service of the default notice. The 14 day period was also required by paragraph 3© of Schedule 2 of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended.

[reggie76]

Also received a Termination notice which was dated the 1st of December, from the solicitors, this is only 16 days after the date of the NOA & DN!!

 

The solicitors sent the letter to me as a word document which IMO was strange, it did have the Arrow logo on it though.

 

But have they sent it out too soon after the DN?

 

STRICTLY PRIVATE AND CONFIDENTIAL

Arrow Global, LLC

10th Floor

1 London Wall

London, EC2Y 5EZ

 

1 December 2006

Dear Mr

IMPORTANT – YOU SHOULD READ THIS CAREFULLY

Termination Notice

Re: AGLC , Reference Number: MBNA Credit Card

You have not complied with the Default Notice served pursuant to section 87(1) of the Consumer Credit Act 1974. As you have failed to rectify the default in accordance with the notice, your account has been terminated and the full amount owing is now due for payment.

The default amount which is due for immediate payment is.

In view of your failure to rectify the default, Eversheds LLP have been instructed to recover the sum of. You must contact Eversheds LLP to settle the matter on 0845 498 3472.

If you fail to contact Eversheds LLP and/or pay the total balance immediately, further action may be taken against you as set out in the Default Notice.

Yours sincerely

Zachary Lewy

For and on behalf of Arrow Global, LLC

[I've got no money]

Cheers Docman - I'm at uni at the mo...

 

Set aside the Court could order a set aside without a hearing BUT they almost always have a hearing