Arrow/evershers CCJ+CO over old MBNA debt

[reggie76]

Cheers let's hope so.

 

Waiting for directions from the court now!

[reggie76]

Guys, I've made a donation it's not much but there will be more too come. I just want to thank everyone for the great help and advice they give on this site!!

[I've got no money]

Back from court, DJ adjourned as said needed more time to look at my case due to the complexity of the case and consumer law.

 

DJ said they would need half a day for the hearing although they appeared to not have problem with the fact I did not act promptly as shot the solicitor down on that point and quoted CPR13.

 

So quite happy that the DJ has taken this seriously as they are happy to give me a half day hearing bearing in mind the delay in applying for a set aside and the fact I previously admitted the debt!

 

That sounds promising - did he give any other directions...

[reggie76]

No, they said they would look at all the paperwork and make directions before the next hearing.

 

Thanks for your help IGNM.

[I've got no money]

So presumably when you get the notice of the next hearing you'll also get some directions

[reggie76]

That's how I understand it!

[reggie76]

Had letter from the court today, got a hearing date for the 8th of July.

I'll post up the letter when I get a chance but the DJ has asked the claimants to supply the original (legible) credit agreement to the court by the 21st of June and a microfiche copy is unsatisfactory.

 

So what's your views of what will happen if they can't supply a true copy or legible agreement?

Edited June 11, 2009 by reggie76

[the_shadow]

Had letter from the court today, got a hearing date for the 8th of July.

I'll post up the letter when I get a chance but the DJ has asked the claimants to supply the original (legible) credit agreement to the court by the 21st of June and a microfiche copy is unsatisfactory.

 

So what's your views of what will happen if they can't supply a true copy or legible agreement?

 

 

Oh dear:eek:

 

This is an old MBNA agreement isnt it? :D:D

 

We know what MBNA do with agreements dont we?

 

Scan & shred!

 

S.

[reggie76]

Oh dear:eek:

 

This is an old MBNA agreement isnt it? :D:D

 

We know what MBNA do with agreements dont we?

 

Scan & shred!

 

S.

 

Let's hope so!!!

[reggie76]

In the letter from the court it says-

"The Defendants applications shall be listed for hearing upon representations only............"

 

What exactly does that mean???

[reggie76]

Bump!

[Docman]

No idea, reggie. Have you tried ringing the Court to find out?

[johanblog]

i am also having problems with Arrow Global they sent me a letter saying i owes them a debt assigned by Orange for £1149.45, and if it as not paid they would issue a statutory demand.

 

i sent them a letter SAR letter and saying that i disputed owing this money and enclosed a cheque for £10.00.

 

They replied to me today saying that the agreement was not covered by the Consumer Credit act1974 so they were not obliged to provide copy documentation and if they did not hear from me in the next seven days they would continue with the action.

 

Can someone tell me where i go next??

 

 

 

 

My account is now being dealt with a solicitor acting on behalf of Arrow. I have not missed a single payment but the solicitors have applied for a warrant of execution. I asked Arrow for a copy of my CCA and I have just received this email from the solicitors-

 

We note your request for a copy of the "true signed agreement of the CCA". Regrettably, your request is invalid as no agreement currently exists for this matter. You did not comply with the terms of the Default Notice served upon you in November 2006 and, as a consequence, the agreement was terminated.

 

Additionally, we would like to point out that we were instructed to act on our Clients behalf in this matter in November 2006. In the absence of a response to the Claim issued against you, forthwith Judgment was subsequently obtained against you in February 2008. A Charging Order application was then made and served upon you in March 2009 and the charge subsequently registered against your beneficial interest in your property.

 

Throughout all of the above process, you have not once requested a copy of any agreement in this matter. You have also never disputed that you owe this debt, even making payments toward the Judgment balance. It is with all this in mind that our Client can confirm that it will not be providing you with a copy of the agreement.

 

 

Are they right in what they are saying or do they need to produce an original signed agreement?? The debt was for a credit card.

[Docman]

Reggie

 

Have you heard anything about what the letter from the court may mean?

 

doc

[reggie76]

Reggie

 

Have you heard anything about what the letter from the court may mean?

 

doc

 

Apparently it means that I will be representing myself and will have a chance to put my defence forward.

[Docman]

OK, thanks. Best of luck for the hearing.

[Docman]

reggie,

 

Sorry, I forgot to ask. Did they come up with a CCA by 21 June?

[reggie76]

They sent me a CCA by email on the 22nd June which is the illegible one they provided previously and does not have all the prescribed terms.

 

This is the email I sent to the court:

 

May I ask with deference if you could pass the following information before District Judge xxxxx and ask for directions regarding the points raised:

 

With reference to the General form of Judgment or order dated the 10th of June 2009 District Judge xxxxxx ordered that the claimants solicitors shall file and serve a copy of the claim form as filed and a legible copy of the Credit agreement concerned. Copy microfiche not accepted

• The Claimants solicitors have failed to provide a legible copy of the Credit agreement and only provided the illegible document that was presented to the court previously
  
• The claim form states that the account was regulated by the Consumer Credit Act 1974, however the Credit agreement does not have all the prescribed terms and, as previously mentioned, the document is not legible
  
• The claim form also states that a Default Notice was served in accordance with Section 87 of the Act, in my opinion this is not the case as the Default Notice was invalid as it did not allow the statutory 14 clear days to rectify the breach, as if posted by first class post then 2 working days should have been allowed for the notice to be served.
  
• Finally the claimant has advised that they do not have the claim form as filed.
  

[reggie76]

Ok back in court tomorrow and feeling the nerves again!!!

Got a half day hearing so should be interesting.

 

Wish me luck I need it and thanks to everyone who has given me excellent information and support so far!!

[I've got no money]

Good luck mate - I didn't realise that the hearing had come around so quickly

[reggie76]

Just got back from court and not happy!!!

Judge dismissed my set aside application on the grounds of promptness and it would be an injustice to the claimant if it went back to the beginning and they would only pursue me again.

 

He said he was happy with the agreement as I had signed it even though it was barely legible and there were prescribed terms missing.

 

Also he admitted the DN and Termination Notice was not effective and was invalid but that didn't matter as they could just send me another one.

 

I am not happy and wish to appeal, even though he refused the appeal also, really need help here again- PLEASE!!!

[the_shadow]

Just got back from court and not happy!!!

Judge dismissed my set aside application on the grounds of promptness and it would be an injustice to the claimant if it went back to the beginning and they would only pursue me again.

 

He said he was happy with the agreement as I had signed it even though it was barely legible and there were prescribed terms missing.

 

Also he admitted the DN and Termination Notice was not effective and was invalid but that didn't matter as they could just send me another one.

 

I am not happy and wish to appeal, even though he refused the appeal also, really need help here again- PLEASE!!!

 

You'll need to appeal to the level above this judge, also you'll need a transcript of the hearing I believe. You need to contact the court to get details of how much this will cost.

 

Really sorry to hear this Reggie, it would seem Judge lottery strikes again

 

S.

[I've got no money]

As Shadow points out - you need to phone the court and find out what you do about the transcript - I think it's likely to cost around 100 - 150

 

You also need to complete an appellants notice - its' an N161 I believe - I think that you need to lodge it within 21 days (BUT I could be wrong - it used to be 14 days - so you need to check).

 

If you get the form and work through it asking us questions as you go along - there is a fee BUT you may be able to get exemption.

 

It really is the Judge lottery

[reggie76]

I can't believe it I am so annoyed!

 

Can they issue another DN if they have already issued a termination notice??

 

Do I have a case for appeal?

[I've got no money]

I can't believe it I am so annoyed!

 

Can they issue another DN if they have already issued a termination notice?? The answer to that is to say there are arguments both ways

 

Do I have a case for appeal? Yes

 

 

There are separate issues - whether or not they can/can't issue a fresh default notice is IMO irrelevant to your case - the issue is had they served a complaint DN - they hadn't so you should have won.