Arrow/reston claimform - old MBNA card 'debt'

[MBNASlayer(1)]

Hi All,

 

I originally started a thread back in Oct 2009 called CCA from MBNA....is this valid????

 

I have had to re-register under a new user name as my previous email address is no longer in use and so it wont let me post a link to that thread.

 

Basically as an overview:

 

My last payment to MBNA was in Sept 2009 - over 6 years ago.

Not acknowledge the debt or paid anything since

Lots of letters and threats since but never acknowledged by me

County Court Claim form issued 11th December 2015

Claimant is Arrow Global as debt assigned to them June 2010.

 

I guess my question is do I submit my defence saying the debt is statute barred as my last payment was Sept 2009?

 

I look forward to hearing back asap as need to submit a defence.

 

Thanks and look forward to hearing from some very helpful members.

 

 

MBNASSlayer(1)

[honeybee13]

Hello there.

 

I think I can guess what your previous name was, but could you confirm please? That will help us to locate your previous posts.

 

HB

[MBNASlayer(1)]

Hi HB

 

It was MBNASlayer

 

Thanks

[honeybee13]

Thank you, I'll look into this.

 

Have you received a new claim form? If so, there are some details the guys will need.

 

HB

[honeybee13]

Is this the thread, from 2012?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?223842-CCA-from-MBNA....is-this-valid

 

HB

[MBNASlayer(1)]

Hi HB,

 

Yes, first and only claim form received yesterday but dated 11th Dec.

 

Thanks

[MBNASlayer(1)]

Hi HB,

 

Yes that is the thread but it was started in 2009 not 2012

[dx100uk]

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

and post the Q&A back here

 

 

ta

 

 

dx

[dx100uk]

FWIW this will be statute barred now me thinks.

 

 

dx

[MBNASlayer(1)]

Name of the Claimant ? Arrow Global Limited

Date of issue – . 11/12/15

Date to submit defence = 12/01 (33 days in total) -

What is the claim for – the reason they have issued the claim?

 

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and MBNA

dated on or about Apr XX 1998 and assigned to the Claimant on Jun XX 2010.

 

Particulars a/c no – XXXXXXXXXXXXX

Date Item Value

18/11/2015 Default Balance XXXXXXXX

What is the value of the claim? £5,000

I didn’t want to put the exact amount.

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Before 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned to Arrow

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES

Did you receive a Default Notice from the original creditor? YES

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don’t think so but will have to check my file

Why did you cease payments? APR went up so I challenged the validiaty of the agreement. Then could not afford to pay.

What was the date of your last payment? Sept 2009

Was there a dispute with the original creditor that remains unresolved?

Only that I disputed the validity of the agreement which they denied and advised it was properly executed.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Initially advised I had difficulty but never entered a debt management plan.

[dx100uk]

so statute barred then?

going by the history of the thread

 

 

dx

[MBNASlayer(1)]

Thanks DX, I think so too, fingers crossed!

 

In terms of next steps I saw the following wording on another thread and will respond with the following defence:

 

CLAIM NO.

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

 

Should I also write separately to Restons who are acting for Arrow Global on this?

 

Thanks

 

 

MBNASlayer

[dx100uk]

stuff in red not needed.

 

 

file it via mcol website too

[MBNASlayer(1)]

Hi DX,

 

What stuff in red?

 

Also should I send a separate letter to Restons or will the court notify them of my defence?

 

Thanks

[dx100uk]

try now cag was playing up sorry

[MBNASlayer(1)]

Thanks DX.

 

I have submitted the defence via MCOL so it says there is no need to submit the paper copy.

 

Do you know how long it usually takes to hear back as I assume Restons will need to revert to Arrow who, in turn, will need to get details from MBNA?

 

Fingers crossed and I will let you know the outcome.

[dx100uk]

28days it stayed

[MBNASlayer(1)]

Hi DX and any other CAGer's that are following this,

 

I have received a letter from Restons following the submission of my defence that the claim is statute barred.

 

They state that I have not submitted any information or evidence to support this.

 

Their client (Arrow Global) issued the default notice in May 2010 so they do not agree that it was statute barred.

 

They have invited me to withdraw my defence or their instructions may be to make an application to strike out my defence/for Summary Judgement and seek an Order to pay their Client's legal costs associated with the application.

 

My thoughts:

 

1) I believe the burden of proof is with them to prove it does fall within the 6 years

2) the DN was issued in May 2010 but my last payment to MBNA was Sept 2009

 

Any ideas how I should play this?

 

Thanks guys I look forward to hearing from you.

 

MBNAslayer

[Old Cogger]

they have to prove it! not you.

[dx100uk]

only the OC can issue a DN

 

usuall silly stuff that in all effect means nothing at all

 

rectums always say rubbish like this to unsettle a defendant when they know they will lose the case.

 

let it run

[Dotty50]

I believe too that it is for them to disprove the SB period.

 

However there are recent issues where some claimants are arguing that statute barred is 6 years from the 'cause of action' and they consider this is when the DN is issued, which in some cases is quite some time after the last payment was made.

 

Restons are very aggressive so you really need to be able to argue your case if they do continue.

[dx100uk]

not for a credit card

 

 

let restons hang themselves as they have done numerous times.

 

 

dx

[MBNASlayer(1)]

Thanks guys,

 

Is it worth me sending them my evidence to make them go away as it may avoid a day in court?

[Old Cogger]

Nooooooooooooooooooooooooooooo not at this stage stop panicking! ok

[MBNASlayer(1)]

Hi guys,

 

I called the Court this morning and the case has been stayed as Restons did not respond in time following my defence. I assume this is good news, however nothing really changes at this point as they can apply to re-open the case.

 

Do you think they will be going back to MBNA asking for details of when the last payment was made as they only missed the 6 year deadline by a couple of months.

 

I look forward to hearing your thoughts.

 

Thanks

 

MBNAslayer