Arrows SD for MBNA card already Paying in DMP

[Inspace55]

I had a SD handed to me earlier this week, around the 28th May 09,

I received a letter from Arrow Global telling me that unless I get in touch about my MBNA cc debt they would go down the statutory demand route.

 

I forwarded the details to my debt management company who got in touch with AG, and they explained that I was already paying a pro-rata amount to several creditors, AG just said they would place a note on their files.

 

Fast forward to the arrival of the SD, which was advised by me to my debt management company, who in turn spoke the person named in the SD, they wanted an amount that is not possible.

 

received a letter over the weekend from AG acknowledging they had contact with my DMC,

they made no reference to the amount they wanted per month but have asked me for a detailed income/expenditure report to be submitted.

 

This is all new to me,

do I need to get the SD set aside?,

should I submit my income/expenditure to AG without attempting to set aside the SD?,

any and all advice will be gratefully received,

 

Inspace55.

[silverfox1961]

Just bumping for you as I don't know enough about SD's

[the_shadow]

Hi Inspace, you have 18 days to set-aside the SD from when you received it, after 21 days the creditor can apply to make you bankrupt.

 

If you are in discussions with the creditor ask for written confirmation that the SD is withdrawn, without this they can just issue a petition to the court as soon as they turn down your repayment request.

 

This thread contains details about SD's

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

Some questions:-

 

1)Was the SD sent to you or your DMC

2)I assume it was an MBNA credit card? Have you CCA 78'd them for a copy of the agreement

3)How old was the credit card?

4)Did you receive a default notice and a termination letter from MBNA?

5)The court named on the form, is that your local insolvency court?

 

This thread may also give you some more pointers about arrow and SD's

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-help-sd-received-today.html

 

S.

[Inspace55]

Thank you for your response, taking your questions in the same order:=

1. The SD was delivered by hand to me.

2. Yes it was a MBNA CCard, and no I have not CCA 78 them.

3. The card goes back several years, if I recall it must be around the mid 90's.

4. Nothing from MBNA only from Arrow.

5. The court is our local county court.

 

Do I need to submit the CCA to AG or MBNA [AG are named on the SD]. At the same time doI need to contact the court and if so what form or response should I submit, apologies for the lack of knowledge, but apart from a DMP its totally new to me.

[the_shadow]

Ok if your going to fight this then..........................

 

First thing check your local court handles insolvency cases... click on this link The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available Find your local court and click on Get court details, in the page that comes up under Work Type check it shows Bankruptcy.

 

The fact they handed it to you by a process server usually means its more serious than sending it by post, then again they might want it to look this way.

 

Do you have access to a scanner, might be worth you scanning the form in and posting it up for people to look at, take out anything personal and the name of the court/ref numbers etc.

 

I would send a CCA to AG straight away at the address on the stat demand, you'll need to enclose a £1 postal order and dont sign the letter, CCA request can be found here, it allows them 12+2 working days so need to get it off asap, send it Recorded delivery.

 

Whilst normally this site wisely advises not to contact the OC or DCA, in this instance the ability to get hold of the named person on the SD is another bullet with which to shoot down this demand.

 

If you call and get through all you need to state is that you will be requesting your agreement from them forthwith or just that you are making sure this is a legitimate form and not a hoax, say nothing else and put the phone down.

 

If however you dont get hold of the named person log the time and date of the call and who you spoke to. Repeat a couple of more times tomorrow and document this on the form as an abuse of process for Stat Demands. You HAVE to be given the opportunity to speak to the person issuing this demand as part of the Insolvency act rules.

 

Read through the links I provided earlier as you'll get an idea of what needs to be done to get this set in motion.

 

You might want this moved to the legal section to help more, if you click on the red triangle and ask a mod to move it to the legal section, you'll find quite a few threads at the moment with people and AG stat demands

 

S.

[sorrylittlelot]

I had a stat demand from capquest which I won however I couldnt have done it without this forum.

In particular I would suggest contacting 42man as he was immense when it came to my stat demand.

 

good luck.

peace out.

[42man]

Please have a look here. - http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-help-sd-received-today.html ...if you need any help please shout

[maroondevo52]

Thread moved..........

[Inspace55]

Your help will be gratefully received, 42man.

 

I,m going to contact AG today, but first I have signed up to credit expert to check my file,

 

I note that there is a CCJ listed in March 2009, I am at a loss as I have had no notification whatsoever and the amount is not recognised, Im going to write to the court for details.

 

Back to AG and the SD, I'll request the CCA today, submit by registered mail, and I shan't sign it, as far as I can recall my original MBNA agreement was around 1994, but I cant be exactly sure, as I had 2 cards and one was settled without any problems several years ago.

 

I received 2 [exactly the same] letters after my DMC contacted AG, they have asked for a detailed income/expenditure and assets before they can give meaningful consideration, they have stated they wont take any action for a further 7 days providing I contact them to discuss the above.

 

My question is do I do this over the phone or do I just state Im requesting my CCA from them, also do I still write to the court to get the SD set aside as I cannot reconsile the amount or the account reference they are stating.

 

Inspace55.

[the_shadow]

For the CCJ you need as you say to contact the court and get the details, if no documents were served on you then you can apply to get this set aside and it'll set you back to the beginning of the claim process and you can defend properly.

 

You need to start a separate thread for that.

 

As for the stat demand...

 

Are you saying you never received a default notice at all or just not from MBNA?

 

S.

[the_shadow]

Ythey have asked for a detailed income/expenditure and assets before they can give meaningful consideration, they have stated they wont take any action for a further 7 days providing I contact them to discuss the above.

Do you own property? I cant think of anyother reason why they would come after someone who is on a DMP and paying nominal amounts to service a debt.

My question is do I do this over the phone or do I just state Im requesting my CCA from them, also do I still write to the court to get the SD set aside as I cannot reconsile the amount or the account reference they are stating.

Inspace55.

 

If you get into negotiations over the phone, ONLY do so if you can record the call, otherwise everything in writing only, its too easy for them to say something and then deny it later on down the line. Make sure you use the contact name and number on the Stat Demand, remember if you cant get hold of that named person(s) on that number then its an abuse of process that can be used on a set-aside.

 

If you request your CCA today then its 12+2 days for them to comply, this wont come back before the 18 days is over, you can however still apply for set aside out of time limit which i believe costs £35 normally, not sure if there is a reduction or nil fee for low earners. You can still put on the SD set aside though that you have applied for the agreement as you dont recognize the debt or amounts and you should get the details before the hearing.

 

If you dispute the amount unless it comes to under £750 after the disputed monies then it can still progress to bankruptcy in my opinion.

 

All just my opinions and hopefully 42man and others will supply more info...

 

S.

[Inspace55]

Thank you Shadow,

 

I contacted AG, the persons named were there but not available, so I had a brief chat with XXXXX who put a note on my file that I was submitting a CCA today.

 

She said the SD was bona-fide, and I should contact the court to set aside.

I have also asked my DMC to email a scanned copy of AG's earlier correspondence which stated they may issue a SD, as I dont have a copy and I need the details.

 

I'm certainly going to dispute this one, there is no reference with credit expert concerning this debt with MBNA, nor any details of it being assigned/taken by anyone else.

 

the only mbna record was satisfied correctly several years ago.

I do have a debt with MBNA but i have had no correspondence from mbna for must be a couple of yeras now.

 

Where can i get the forms to set aside the SD?

 

Inspace55

[the_shadow]

Forms can be found here .. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

S.

[Inspace55]

Thanks,

 

Just one more thing, the SD does not contain a date for the court hearing, do I take it its 18 days from issue/receipt of the SD?

[the_shadow]

Nope not quite, you get 18 days to issue at court a set-aside.. the link above explains how to do this.

 

You will then hear back from the court of a suitable date for the hearing it could be 2-3 weeks to months away from this date I believe. Its when the court can fit you in.

 

this is a key posting from that thread, should hopefully explain it better than I can.

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html#post780855

 

S.

[Inspace55]

Right, sent off the CCA to Arrow, recorded and unsigned.

Today I received a letter from then about my earlier call to check that the SD was bona-fide and that I would be requesting further information, the letter goes on to reiterate the time scale to set aside.

 

Well I shall be preparing that tomorrow once I've got some free time, but for today I've been scouring my records and one thing that seems strange is that the account number and amount stated in the SD differ from my records,

 

the account number is totally different and I have checked all my paperwork and cannot find any reference to the number stated, secondly the amount is different by approx a grand, so Im not sure its actually my account at this stage.

 

I've downloaded the two forms to set aside, Im going to submit on the grounds of disputing their claim, but I'm unsure what I need to put on the forms, any guidance will be appreciated.

 

Inspace55..

[pedross]

Don't let me stop you from checking into the details but MBNA do change account numbers for some reason that I have never bothered working out.

 

I presume an account number is just a reference to the account and it is allowed but again dont quote me. Unless you are confident it is not your account all I am saying is don't base a case on it.

 

Pedross

[the_shadow]

Hi Inspace...

 

The thread that 42man provided shows how to fill out the forms, also he put up some text to use for the affidavit. You'll need to edit it to suit your needs but if you give it a go and post it up. The link directly to the text is below.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/207135-help-sd-received-today-2.html#post2264517

 

S.

[the_shadow]

However that 1grand difference could be a file referral fee or debt collection charge by anyother name and therefore not allowed under the OFT debt collection guidelines... another thing to add into the affidavit.

 

S.

[42man]

Some really great advice here again if you aren't sure (and bear in mind you need to totally dispute the debt) please send a PM and I will answer on this thread....

[42man]

Continue as normal.....by the time the hearing comes around they will be in default of your request. And don't forget it has be contain the prescribed terms....!!

[Inspace55]

Thank you 42m,

 

I'll start on the forms tomorrow when I can quietly get my head around them. Oh, should I write back to AG pointing out the 12+2 for the CCA?, or just leave that as it is?

[Inspace55]

In preparation I have requested from my DMC any and all correspondence they have in connection with this case, but Im going to prepare the 6.4 and 6.5 forms when I get home tonight, can anyone post a set that have been completed, without the pertinent details so I can get the gist of how to set it out, also in respect of the 6.5 i will dispute in full but what additional information needs to be inserted?. Once I have got my head around this I hope it becomes much clearer!

[shaz007]

Has anyone had dealings with a company call Arrow Global Limited located in Manchester?

I received an SD from Arrow Global on the 25th June 2009; the SD was signed and dated 29th May 2009. This was discovered when I returned from work, it had my name on the envelope and noting else.

I have responded using the templates on this site quoting the Limitations Act 1980. I have also asked them to provide evidence of payment or written acknowledgement (section 5 of the Limitation Act) of the debit. To date I have had no response from this company.

On the evidence above I have completed form 6.4 and 6.5 (application to set aside a statutory demand).

Can someone tell me if I’m following the correct protocol?

Can you also explain Part ‘C’ of the SD in particular (date(s) of Assignment).

[r&b]

hi shaz

maybe start ur own thread where u will get specific advice.