help going to lose my home. dca

[The Mould]

10th is friday letter say before 24th

 

what is a poc`s

 

mbna is the original creditor, arrow global is the dca

arrow is the one who owns the debt

 

OK blackbear,

 

POC's, are the Particulars of Claim.

 

Who obtained the judgment against you, MBNA or Arrow Global?

 

What about this Notice of Assignment, are you sure that you never received one, do you keep all your paperwork in order? Don't take that the wrong way blackbear.

 

Kind Regards

 

The Mould

[blackbear101]

never had a notice of assignment, if they did it would of been attached to there court letter, but on the default letter i just showed you,it says the above agreement has been assigned to us. is this a notice of assigned ment/ default notice

 

also i read some where a notice of assignment has to be sent to me recorded delivery.

 

arrow global obtained the judgment

Edited May 9, 2010 by blackbear101

[caro]

When a claim is put into the court the Particulars of Claim (POC) outline what the claim is about.

[The Mould]

never had a notice of assignment, if they did it would of been attached to there court letter, but on the default letter i just showed you,it says the above agreement has been assigned to us. is this a notice of assigned ment/ default notice

 

also i read some where a notice of assignment has to be sent to me recorded delivery.

 

arrow global obtained the judgment

 

OK blackbear,

 

No that is not a Notice Of Assignment, therefore, Arrow Global had no legal right to obtain the judgment, and no legal right to issue a default.

 

What does it say on the court claim?

 

Kind Regards

 

The Mould

[The Mould]

OK blackbear,

 

This CCJ, did you receive any notification of the judgment made against you, did you receive a full notice period (one month) to have the chance to pay your outstanding debt?

 

Kind Regards

 

The Mould

[blackbear101]

had to pay forthwith.

in my defence all i said was i admit £27776.15 as mbna said this war a final offer. ( i know its poor )

i dont admit to it all as i dont reconise the account number

yes i think i had a full month. not got 8k

[pt2537]

The Default notice does refer to an assignment, the law of property act 1925 request it to be in writing, the form of this is not prescribed by the act, so, the court may well accept that notice has been given

[pt2537]

had to pay forthwith.

in my defence all i said was i admit £27776.15 as mbna said this war a final offer. ( i know its poor )

i dont admit to it all as i dont reconise the account number

yes i think i had a full month. not got 8k

erm, you filed an admission?

 

Oh , now that may cause a problem

[blackbear101]

general form of judgement or order

 

before district judge reeves sitting at wrexham court

upon hearing the solicitor for the claimant and the defendant in person

it is order that

1 judgenment for the claimant in the amount of £7095.60 plus fees and cost of £840.

2 total amount £7935.60 to be paid forthwith

3 there be no enforcement of the judgment without the permission of a distric judge,save tha the claimant can apply if so advise for a charging order

[blackbear101]

i know it was wrong but i said the debt was mbna not arrow, did not know what to wright. i will wright out there statement of truth

Edited May 10, 2010 by blackbear101

[The Mould]

never had a notice of assignment, if they did it would of been attached to there court letter, but on the default letter i just showed you,it says the above agreement has been assigned to us. is this a notice of assigned ment/ default notice

 

also i read some where a notice of assignment has to be sent to me recorded delivery.

 

arrow global obtained the judgment

 

 

OK blackbear,

 

No Notice of Assigment, then that CCJ is unsafe.

 

THE LAW OF PROPERTY ACT sec 136- NOA.

 

Under section 136 of the said act ('LPA 1925') notice of assignment must be given to the other party to a contract (i.e. the borrower/debtor) expressly in writing. There is no prescribed time limit for giving notice but the assigment is only legally valid when the borrower receives the notice.

 

Until proper notice is given, only an equitable assignment has taken place. An equitable assigment differs from a legal assignment in that where there is a legal assignment the assignee can bring an action (e.g. for recovery of a debt) in its own name against the borrower. On an equitable assignment the assignee would need to join the assignor as a party to the action before an action could be brought against the borrower. Alternatively, notice would have to be served in the correct manner before an action could be brought in the assignee's name.

 

The notice of assignment must be served by first class post with a certificate of posting or by recorded delivery.

 

If there were any express clauses in the original contract that stipulates how any notices necessary under the contract are to be served, then that will take precedence over the statutory provision in sec 196 of the LPA.

 

OK blackbear, in other words, Arrow Global have no legal rights to bring this action on their own, MBNA must join them in this action, or the notice of assignment must be served in the correct manner before an action could br brought against you by Arrow Global, therefore, the CCJ is unsafe.

 

Come back blackbear, and let me know what you think.

 

Kind Regards

 

The Mould

[blackbear101]

1 i am employed by eversheda llpthe solicitors instructed by the claimant in theses proceeding. i am duly authorised on behalf of the claimant

2by the way of background, the claimant is in respect of a credit card agreement which the defendant took with mbna europe bank under account xxxxxx. a copy of the terms and condision relating hereto is attached mark 1

3 statement of account are attached

4the debt which forms the subject of the proceedings was subsequently legally assigned by mbna to the claimant.notice of the assignment was provided to the defendant

5 as the defendant had failed to make contractual payments or make any suitable repayments arrangements with the claimant after the debt had been assigned to them ,it became necessary for the current proceeding to take place.

6 the defendant subsequently filed a part admission in ehich he adits to the amoumt of £2776.15. the defendant disputes part of the claim for the following reason,

i the defendant states that he does not recognise the account numberxxxxx and that his credit card account was held under zzzzz

ii the defendant is admitting to the amount of £2776.15 as he states that mbna said that the would take this in full and final settlement

7 in respect of point i it is the case that the credit card agreement which is the subject of the procedding was opened when the debt was assigned by mbna it was assigned a new account number know as a charge off

8 i there fore wrote to the defendant on 11th dec 2007 advising him of the above. the defendant did contact the office unfortunatley lost his phone number

9 i had not had a response from the defendant by 11th jan 2008 when i recieved the hearing and notice and therefore wrote to the defendant againg asking for conffirmation of how he was in tending to proceed with the matter. unfortunately the defendant has not responded to my letters

10 i do however, note that the defendant appears to accept that he is aware of what the account relates to and that he is liable for the outstanding monies as he filled a part admission he admits the debt.

[blackbear101]

sound good, but will the judge listen

i need the judge to get arrow global to show me proof

Edited May 10, 2010 by blackbear101

[blackbear101]

thanks everone for your help off to bed now, be back on in the morning then back at 9pm. dont think i will sleeping tomorrow

Edited May 10, 2010 by blackbear101

[The Mould]

sound good, but will the judge listen

i need the judge to get arrow global to show me proof

 

 

OK blackbear,

 

Yes you need to put the claimant to strict proof that the claimant has the right to bring this action against you, if the claimant had indeed served a notice of assignment then such document would of been attached to the court papers or your CPR request would of been complied with.

 

You are going to need to argue this notice of assignment fact in court, the original creditor MBNA (The assignor) has not assigned the rights under the original agreement properly to Arrow Global (The assignee) in accordance with sec 136 of the Law Of Property Act 1925 and Arrow Global are unable to substantiate that the alledged notice of assignment has been served pursuant to the default statutory provision found under sec 196 of the Law Of Property Act 1925.

 

OK blackbear, you will need to also argue that Arrow Global have no legal title to bring this action on their own, but clearly a novation has occured, the burden of a contract cannot be assigned, novation is the recission of one contract and the substitution of another contract in which the same acts are to be performed but by different parties.

 

However, MBNA are in breach of the original contract by their actions, MBNA have terminated the original agreement and failed to substitute it properly by assigning the rights of the said contract over to Arrow Global in accordance with legislation contained within sec 136 & 196 of the Law Of Property Act.

 

The original contract would now require re-instatement by the two original parties to it, you and MBNA in order for any legal process to start all over again from the begining, but you are not going to agree to do that, you accept recission of the original contract as a remedy as you are the Non-breaching party who was bound to that instrument same as MBNA were.

 

Arrow Global have no legal right to bring any action against you therefore the CCJ has been obtained against you unjustly and it is an unsafe judgment.

 

Right blackbear, does that make any sense to you?

 

Come back and let me know, I am going off-line in 15 mins, then I will be back on around 10 or 11 am in the morning.

 

Kind Regards

 

The Mould

[The Mould]

Come on blackbear I am going off-line in 10 mins.

 

Let me know if we are on the right track.

 

In the morning I would like you to go through with me the events that lead up to MBNA selling this alledged debt to Arrow Global.

 

Kind Regards

 

The Mould

[The Mould]

OK blackbear I am signing off-line now, I will catch up with you mid-morning tommorow.

 

Kind Regards

 

The Mould

[blackbear101]

the mould, you are spot on, i am 99% positive that mbna has not followed the correct procedure. there is a default on my credit file dated 30th jan 2007. default notice of arrow global dated 10th april 2007. i had a pink lettef of mbna dated 12th jan 2007 saying in a few weeks, you may not be dealing with mbna, we will not to be able to offer you any more deals, etc

got anothe letter of mbna dated 22nd jan 2007 which they are prepared to accept £2776.15 as full and final settlement. 1 st payment £167.47 by friday 26th jan, 2 payment £169.38 by friday 23rd feb, 3 payment £2439.30 by tuesdad 27th march 2007, here lies the proof to me that mbna did not follow procedures as the default date is the 30th jan there is no widow of the dates to send a mbna default notice as there is no 14 days plus 2 first class/4 2nd class post. if a letter is dated friday then the dates for the default notice does not start counting till monday( then 14 plus 2/4

 

do the maths

 

first payment by 27th jan, default on my crf 30th jan = no 14 days plus 2/4

 

or, they not going to send 2 letter in one day pink and default, so lets say it was delivered the next working day as an example

mbna default notices(if they had one)dated 15th becaue pink letter is friday

 

mbna default letter(only example) dated 15th jan plus 14days =29 plus 2 days post 31st. default on my cra is 30th jan

as i said there is no window to send me a default notice, or any other paper work. what you wrote above is spot on

Edited May 10, 2010 by blackbear101

[pt2537]

the mould, you are spot on, i am 99% positive that mbna has not followed the correct procedure. there is a default on my credit file dated 30th jan 2007. default notice of arrow global dated 10th april 2007. i had a lettef of mbna dated 12th jan 2007 saying in a few weeks, you may not be dealing with mbna, we will not to be able to offer you any more deals, etc

got anothe letter of mbna dated 22nd jan 2007 which they are prepared to accept £2776.15 as full and final settlement. 1 st payment £167.47 by friday 26th jan, 2 payment £169.38 by friday 23rd feb, 3 payment £2439.30 by tuesdad 27th march 2007, here lies the proof to me that mbna did not follow procedures as the default date is the 30th jan there is no widow of the dates to send a mbna default notice as there is no 14 days plus 2 first class/4 2nd class post. if a letter is dated friday then the dates for the default notice does not start counting till monday( then 14 plus 2/4

first payment by 27th jan, default on my crf 30th jan = no 14 days plus 2/4

 

 

Please, lets be clear,

 

Default on credit file is NOT the same as a default notice, the date of default is not the dsate of the notice

[blackbear101]

you lost me now, i thought they send you a default notice to try and pay the arrears. if you dont then they default your credit file, then they sell your debt. am i wrong in thinking this, also did you look at that email i sent you, thanks

[pt2537]

i havent yet no, i am at work and have a case management conference in 25 minutes, so i doubt i will be able to look

[blackbear101]

will be leaving for work at 12.30 to day, then be back on at 9pm tonight, if anyone can think of somthing even how small, i would be greatfull. will be still on line till then. pt2537 if you got time can you explane post 95 thanks

[pt2537]

Default on your file, is the date you failed to make the payment, effectively the date you breached your contract.

 

the lender is not compelled to file a default notice on that day, he can wait for 3 months, as is normal practice for most companies and then send you the notice

 

so they are two clearly separate items, not the same in any way

[blackbear101]

thanks that explain things better

i wish my sar would come off mbna. they cashed my cheque. i sent them a recorded letter 2nd of april

 

mbna bank statement 8th feb 2007 zero curbl on sold act. what does this mean

Edited May 10, 2010 by blackbear101

[blackbear101]

just had post today off fairfax( arrow global) i though it was my reply to my cpr 31.14 request.

this is what it says

we enclosed a copy of our schedule of costs filed at court in prepartion for the hearing. gemma bourke £125 per hour

 

 

attendance on opponents £25.00

attendance on other £100.00

work done on documents £100.00

fee for hearing 105.00

court fee £150.00

other £39.00

total £519.00

vat £57.75

other expenses £6.13

 

grand total £582.88