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Arrows/Carter CCJ - old MBNA Virgin Card


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Hello

I had a CCJ against me for an unpaid credit card debt in July 2007.

 

 

An order was made by the court,

and a subsequent variation order,

at my request, as the palintiff had already agreed a monthly payment arrangement prior to the original judgement being made.

 

I have kept to the terms of the variation order, and have never missed a payment.

 

I have in the last week or so been telephoned by the solicitor who acted for the claimant in 2007, who was not the original OC.

 

I have not spoken to them.

 

My concern is:

Can they apply for a further variation?

My financial circumstances have not changed since the order was made.

 

Any advice would be helpful.

Thanks

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They can apply, but that doesn't mean they would get it. There's really not much else I can advise unless/until you get something in writing from them.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks, probably not, but I do not really know:oops:

 

original debt was with Virgin/MBNA then assigned to Arrow Global,

but I was not told by MBNA,

 

quote from Arrow letter

"MBNA Europe Bank Ltd has now assigned to Arrow Global LLC...........

...who is now the data controller...................

 

We have appointed Fredrickson International Limited to manage your account, and they have placed the account with their solicitors Bryan Carter & Co" All this was in one letter!

 

I did not know of this group when I fell behind with payments, debt includes at least £475.00 of charges.

I have not yet got my head around if I can reclaim, and original credit agreement etc.

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You have a number of option. What I would do is issue a CPR request This thread will get you started:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

to find out if they have an enforceable agreement and that the DN was correct.

 

Your other options would be a CCA request to the DCA or a SAR to the OC.

 

whatever you do you have nothing to lose by getting them to prove the debt is legally enforceable - they already have the CCJ.

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What Needs To Be Sent Is An Sar To The Original Creditor

 

A Cca Request Is No Good As A Ccj Has Allready Been Granted

 

On The Condition Of The Documents And There Failings Will Decide If We Go To Set Asside The Original Ccj

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Did you receive the original claim form from Bryan Carter? Did he claim the full amount of the debt, or just part?

 

He also has a habit of issuing claims at the 'last known address' then mysteriously finding out where you live when default judgment is entered. More info on the original CCJ would be really useful, eg. did you defend, etc. Who knows - you may be able to get it set aside.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Yes original claim issued by Bryan Carter on behalf of Arrow Global was for full amount of debt, including charges and interest.

Claim originally issued via Northampton Bulk Centre.

 

I defended,

I cannot lay my hands on all documents at present,

but at the time,

CAB was helping me,

they obtained, prior to the judgement, an agreement for monthly payments, which I have, and still am keeping to.

 

I did not attend court hearing, when judgement was given was for full payment, I applied for, and got, a variation order from the court agreeing with the monthly payments.

 

The only other "funny" is that the payments were, and still are, being made to Virgin/MBNA.

I wrote to Carter requesting their bank details at the time of the variation order, but never got a reply!

 

All my correspondence was sent recorded delivery.

Thanks

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Sounds to me as if Bryan Carter didn't abide by this agreement, which is perhaps a reason to get the judgement set aside?

 

Have a very good look for that paperwork and if necessary go and ask CAB for a copy of their file.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 1 year later...

I have a CCJ for a debt,

 

 

originally with Virgin/MBNA for a credit card.

 

 

Court proceedings were started by Arrow Global LLC, and judgment was in their name.

 

At time of issue, I did not know about this site and all the help available.

 

The judgement was for monthly sums, worked out by DMP prepared by CAB on my behalf.

 

I have been paying the monthly sums for some time now, years, without missing.

 

I have now received a "Notice of Assignment" saying that Arrow have now assigned all of its resepective rights,

title and interest to Arrow Global Guernsey limited.

 

 

The letter states that current arrangements in respect of such account shall remain in place.

 

My questions are

1) Should I be concerned.

2) I have not questioned the amount owed, can I claim back charges?

3) Can they add interest to the judgment amount?

(The court form N35 for this states "where judgment was entered for £5000 or more (It was more!)

or is in respect of a debt which attracts contractual or statutory interest for late payment,

the claimant may be entitled to further interest"

Thanks

t

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If it was me I would certainly claim back the charges and I would also look to see if any PPI premiums were added too.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks for that 42man.

No PPI involved.

Should I write initially to Virgin ref charges?

Does the fact that there is a CCJ on the debt have any relevance?

t

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Claim the charges back from MBNA (original creditor) and no it doesn't matter (as far as I know) if there is a CCJ on it.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 9 years later...

I have been paying Virgin, using references as the original card account, for many years, since 2007.

During this current coronavirus situation I am going through my monthly debt payments to try and stop paying, taking advice from elsewhere on here.

I attach a redacted copy of a document that I was sent by MBNA a few years ago, following a SAR request.

 

My question is, is this a CCA that can be upheld please?

 

They did not provide any other signed document to me,

they detailed my monthly payments, as going in, then out  as their documents "Faster Payment, thank you,"

then "Monetary Debt Adjustment" after each monthly payment.

Prevoiusly I requested a refund of £245.00 charges which they refused.

I have not received any account statements since the SAR request made in 2015.

 

The SAR file has an entry in 2007 "Sold to Arrow" but I have never paid Arrow, and do not receive statements from them, Virgin or MBNA.

Should I just stop paying and see what happens, is the uploaded document valid to enforce.

Thanks for reading.

t

virginapp 001.pdf

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Make a specific CCA request – and do it today.

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Thanks Bank, Cannot get out to Post Office today, but will do first thing Tuesday.

Do I send to MBNA or Virgin or Arrow please?

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Who ever you are making paying to now....if assigned...but if the above is all they have......its illegible and void of the prescribed terms...thus unenforceable.

 

Andy

We could do with some help from you.

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  • dx100uk changed the title to MBNA Virgin Credit Card

several old threads merged with this new one today

 

the debt is subject to a CCJ, no good sending a CCA request now.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Arrows/Carter CCJ - old MBNA Virgin Card
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