Brian Carter/Arrow Global county court Summons - old MBNA C/card

[eggy12]

HI,

Arrow brought debt and cbs are in charge of collections,

 

 

as some of you are aware arrow's registered office is a rent by the hour place

and wont have someone to sign for the cca, so do i cca cbs?

mbna also did not send me a letter saying the debt had been passed on !

 

 

I had 2 debts with mbna and did have 1 letter saying debt sold on to link

and have cca'd them but nothing about the one to arrow.

 

Feeling stuck on what move to make with arrow and would be gratefull on advice from yourselves

 

eggy12

[ODC]

Arrow are required by law to have a Registered Office. Send the CCA there. Mark it Payment Enclosed and then they are sure to sign for it. Legally a letter sent by 1st class post is assumed delivered in two days.

[eggy12]

Hi there thanks for that its been noted.. I was just worried as ive been reading this thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/123101-arrow-global.html?highlight=arrow+global

[eggy12]

I was advised by Docman to hold fire on another thread and wait till cbs wrote and then cca them !

Ive now recieved first contact from cbs, standard first letter-not paid arreas, agreement now terminated,treat this letter as formal notification that a default will be registered, 7 days to reply etc etc.

As i said in first post ive had no notification of assignment from mbna so is now the time to cca cbs ?

 

Would it matter if i sent arrow a cca first class with proof of posting and also send Cbs via recorded? would that be doing it wrong ??

[ODC]

CCA CBS Then

[eggy12]

Just recieved back from cbs what seems to be a legit cca..!

will post it later..

 

 

Ive not had a assignment letter from mbna saying they sold this to arrow

so thats why i fired the cca at them(cbs as arrow's office moves around more than a caravaner)

but did get a assignment from arrow(and a default).

Whats my next move here ?

 

eggy12

[eggy12]

Arrow sent me an asignment letter, ive recieved nothing from mbna saying they have sold it

although they did say over the phone it will be sold on. I had two debts with them one got sold on to link

and i recieved the proper paper work but nothing for this one !

 

This is everything they have sent me

Asignment letter

 

Default notice with asignment letter

 

Introduction from CBS Transcom

 

CCA'd them and got this back

Front of page

Seems they can place there signature anywhere on i

 

and this on the back of page

 

And this letter with it

 

What are your thoughts on this and whats my next move if there is one

 

Where do i stand regards mbna not sending an assignment letter..

I read one post saying they dont have to !!!

 

Transcom have the default notice down as 1/11/08..

Letter received from arrow 14/1/08

 

is this a typo error and just giving it 3 days !

dont the americans use month then date instead of us Brits day then month??

 

On the credit agreement they have just placed their signature next to my name/address

and also a date top middle 3 days after my supposed signature

 

Any comments really would be appreciated as this seems a little weird

 

Does anyone think it would be an idea to SAR mbna just to see what going on regarding the assignment ?

 

Is the fee £10 and should i send it to the same address as a cca ?

 

 

eggy12

 

...!

[citizenB]

eggy, you have started a thread already for MBNA.. if you stick to one thread, people will be able to advise you better.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139362-arrow-cbs-cca-recieved.html

[Rooster-UK]

Two threads merged.

[eggy12]

CBS have started ringing now so im going give up and send them to cscs who have my DMP details and let them sort them out

[citizenB]

Transcom have the default notice down as 1/11/08.. Letter recieved from arrow 14/1/08 is this a typo error and just giving it 3 days ! dont the americans use month then date instead of us Brits day then month??

On the credit agreement they have just placed there signature next to my name/address and also a date top middle 3 days after my supposed signature !

Any comments really would be appriciated as this seems a little weired

thanks

 

 

IF they were using the US system then the first date 1/11/08 would read ok in our system as 11th January 2008, however the second date of 14/1/08 would be 1st of (no 14th month) 2008 ??

 

Now the cynic in me says, have they tried to imply that they sent the default notice out on the 1st November last year and stupidly forgot to put 2007 (07) ?? Did you keep the envelope it came in?

[eggy12]

Yes got the envolope.. Its dated 14/01/08, thats from the first letter and default i got from arrow, its also post marked 'st.albans' and thats where CBS are based, so would it have been CBS who sent me the Arrow Letters, waited the two weeks and then sent me there intro letter

[citizenB]

Yes got the envolope.. Its dated 14/01/08, thats from the first letter and default i got from arrow, its also post marked 'st.albans' and thats where CBS are based, so would it have been CBS who sent me the Arrow Letters, waited the two weeks and then sent me there intro letter

 

It doesnt make sense at all to me. Perhaps other CAGers will have better ideas x

 

Either way, the date doesnt make sense. If it is the British way of dating then we havent arrived at 1/11/08 yet and if it is the USA way of dating.. why on earth has it taken so long to get to you ? A question I would want answering for sure x

[eggy12]

Recieved a letter from Copes solicitors(CBS i imagine still as its same address) regarding the deed of assignment..

 

What they have sent is what seems to be on mbna headed paper saying..

 

Dear sir/madam,

We comfirm that the balance outstanding under the following account has now been assigned to arrow global llc 15 old bailey street london.

 

It goes on to state some details about the debt eg. acc. number, my address, date account opened default date

but no assignment date blah blah blah and then says

 

In accordance with the aforementioned assignment of this account arrow global now holds all legal rights,

authorities and obligations to the same.

 

Is this a deed of assignment ?

 

Anyone could have done this !

 

The letter is not even dated for one !

 

What do you think ?

 

eggy12

[citizenB]

Recieved a letter from Copes solicitors(CBS i imagine still as its same address) regarding the deed of assignment..

What they have sent is what seems to be on mbna headed paper saying..

Dear sir/madam,

We comfirm that the balance outstanding under the following account has now been assigned to arrow global llc 15 old bailey street london.

 

It goes on to state some details about the debt eg. acc. number, my address, date account opened default date but no assignment date blah blah blah and then says

 

In accordance with the aforementioned assignment of this account arrow global now holds all legal rights, authorities and obligations to the same.

 

 

Is this a deed of assignment ?

 

Anyone could have done this !

 

The letter is not even dated for one !

 

What do you think ?

 

eggy12

 

IMHO, they have shot themselves in the foot by not having any dates present. Although, I have to be honest and say, I really dont know.

 

I am sure someone with more knowledge will pop in soon and advise you better.

[eggy12]

Just a quick update regarding Arrow...

 

 

MBNA say they sold the account to arrow..

Arrow put CBS in charge..

I sent prove it letter and they (after a good while) come up with the goods.

 

 

. I then tell my DMP (cccs) to start handing the cash to arrow.

 

 

. And NOW MBNA are trying to get back in touch with me !!!

Seems MBNA are merged with Arrow.

 

 

I knew something was amiss as MBNA never sent a letter saying they sold the account,

only arrow saying they were assigned blah blah blah

[eggy12]

Hi all I hope you can help.

 

Court papers dated 27 April, I acknowledged service 11th May (I was working away)

 

Im about to send them CPR 31.14 in the morning special next day, that would then give them 7 days to send me docs but will fall on the date for defence.. How do i ask for more time to prepare defence ?

 

Particulars of claim

 

The claimants claim is for the balance due under an agreement which is now all due and payable.

 

The defendant agreed to pay monthly instalments under account number ******* but has failed to do so.

 

And the claimant claims the sum of 5***.**

 

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to ***.**

 

Total amount 6***.**

 

This is for an old mbna C/card sold to arrow global about 3/4 years ago, ive made some token payments but nothing in last year at least.

 

Eggy12

[ims21]

Are there ay late fees/overlimit fees etc you can claim back?

 

ims

[eggy12]

there would be a lot of them yes.. !

[ims21]

Seems to me that your counterclaim is for all the unlawful charges plus interest

 

Have you got all the statements so that you can establish the amounts paid in these charges and/or ppi

 

ims

[Guest]

How do i ask for more time to prepare defence ?

 

 

 

 

can ask for an extension in your cpr letter. could also phone them up, but get written confirmation by return. must then notify the court (cpr 15.5).

an eg http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

imo

Edited May 15, 2011 by Ford

[eggy12]

Letter has arrived stating they will require 28 days extension to get the documents..

 

will keep a close eye on them as dont want judgement by default !!

[Guest]

did you notify the court?

[eggy12]

Do i need to ?

 

There letter says

 

"Thanks for you letter the content noted.

We confirm we have requested docs from clients and hope to revert to you shortly.

 

We do require a further 28 day extention in order to obtain and file these documents.

 

We look forward to hearing from you in due course."

 

I thought that as they brought the case to me then its up to them to get the extension ?

 

I was just going to wait for the final day i have to click defend on mcol then ring northampton up and see if they had applied, if not then hit the defend button !

 

I sent a standard cpr 31.14 and did not ask them for extra time.. They need the extra time to get proof !

 

eggy12

Edited May 20, 2011 by eggy12
added extra details

[Guest]

following acknowledgement with intention to defend?, deadline for defence is 33 days from the date of issue.

CPR 15.5 says that where a defence extension (28 days) is agreed under 15.5, then the court must be notified in writing by the defendant.

to be safe, if you need the extra time, then notify the court in writing of the agreement.

imo

 

for reference:

 

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

 

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

justice.gov.uk

 

 

imo

Edited May 20, 2011 by Ford