Arrows/Carter CCJ - old MBNA Virgin Card

[tedney]

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 plaintiff 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

[reallymadwoman]

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.

[postggj]

Its Up To The Court To Decide

Not Any Solicitor

Agree To Nothing

Seems They Want You To Up The Repayments And You Will Then Go Short

[tedney]

OK, Thanks reallymadwoman and postggj, I will wait for something in writing, and see what they want. I will not agree to any changes!

[hungrybear]

All they can do is apply for a redetermination hearing and the court will tell you what to pay.

 

Are you sure that they got judgement on an enforceable debt?

[tedney]

Thanks, probably not, but I do not really know

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.

[hungrybear]

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.

[postggj]

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

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

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

[tedney]

Ok Thanks,

So I will send a SAR to Virgin/Mbna at their address shown on thier statments ,

is that correct please:confused:?

[postggj]

Thats Fine But Send Recorded Delievery

[tedney]

Thanks again postggj, recorded, unsigned letter going today!

[hungrybear]

If you do this make sure that you specify that you want all documents - cca , dn, comms log etc not just statements.

There is a tendency to just send statements in reply to a SAR if your dont.

[tedney]

Thanks hungrybear, yes I am going to use a template for all info including the items you mentioned. Regards

[DonkeyB]

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.

[tedney]

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

[reallymadwoman]

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.

[tedney]

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 respective 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

[42man]

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.

[tedney]

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

[42man]

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.

[tedney]

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

[BankFodder]

Make a specific CCA request – and do it today.

[tedney]

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?

[AndyOrch]

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

[dx100uk]

several old threads merged with this new one today

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