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MBNA and Arrow Global - claim form received - bal prob all unlawful charges ***Struck Out With Costs***


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CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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How much is their Claim?

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Right - I have entered all charges on to the spreadsheet that IMS posted on here. HERE ARE THE RESULTS

 

TOTAL OF CHARGES £ 1,272.00 TOTAL COMPOUND INTEREST £ 3,295.91 TOTAL CLAIM £ 4,567.91

 

Before Jul 06, all charges were £25 and totalled £900 (£3519 with compounded interest at 24.95%), then they went down to £12 pewr charge (I presume because of the OFT guidelines than came out back then) - which makes up the rest of the balance.

 

What now folks?

 

Hi Mr Hat

 

Next step is to send the spreadie with a preliminary letter of reclaim to the lender.

 

The template for the claim letter is in the CAG library....top of every CAG page in green

 

Does your figure exceed their claim amount?

 

ims

 

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Andy - their claim is £1300 + court fee + Sols fee

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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just reading through the comms log and can see how they were chasing my mother for payment without my knowledge - you can tell from the comms log that they were trying to bully her even though the account had nothing to do with her. **** :-(

 

Can't believe they made her suffer, I feel guilty for that

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Ok so now this changes the slant on your defence and will be a full unfair charges plea.With your defence you will submit a counterclaim

for the above value this is a part 20 CC.I will run through this with you over the next few days MR H.

 

Regards

 

Andy

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Look forward to it Andy and much appreciated. Will work on this over the weekend myself.

 

How do you rate my chances. Is it still very much 'up in the air' with regards to them winning?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Adds a lot more clout and puts them on the spot rather than purely submitting a defence with no merit.

 

Andy

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Hi Andy

 

Out of interest for my own records, and sorry to pop this in your thread Mr Hat,in your experience is this likely to result in them discontinuing when they find out that the counterclaim for unlawful charges far exceeds the claim amount?

 

Also got another thread you might like to look at Andy...want me to PM you with it?

 

Regards

 

ims

 

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Hi Andy

 

Out of interest for my own records, and sorry to pop this in your thread Mr Hat,in your experience is this likely to result in them discontinuing when they find out that the counterclaim for unlawful charges far exceeds the claim amount? Not always depends how much front they have

but they usually back out in fear of judgment against and try to settle.

Also got another thread you might like to look at Andy...want me to PM you with it? PM away (not sure when i can back to you ims)

Regards

 

ims

 

Andy

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Update on case status (as I don't expect people to read the whole thread)

 

1. Claim form received on 16th August from Arrow's reps for £1300

2. Claim acknowledged

3. CPR 31.14 (to get hold of docs mentioned on claim form) and CPR 18 (as suspect balance is mainly charges) sent

4. No response to SPR 31.14, chased, extension for defence agreed until 11 Oct - court notified

5. Told that no response to CPR 18 was forthcoming as 'no data on charges is kept' by MBNA (original creditor)

6. SAR response received direcly from MBNA (which I submitted prior to being served with claim) - shows substantial charges which exceed the amount claimed

 

Was about to send reminder for both CPR requests and give them 7 days or else N244 going in to get court to order compliance.

 

^should I still do that?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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I personally don't recommend chasing they have had it and you can prove they have, they failed to respond and as so goes in any defence.

Talking of defense's when is your due MR H did you have an extension?

 

Andy

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yes - agreed extension from 13 Sept to 11 Oct (28 days) and court notified (logged on my file)

 

When I chased CPR31.14 they said they would need up to 6 weeks to get hold of docs :o

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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yes - agreed extension from 13 Sept to 11 Oct (28 days) and court notified (logged on my file)

 

When I chased CPR31.14 they said they would need up to 6 weeks to get hold of docs :o

 

Well that goes in the defence, issuing a summons with no paperwork ( mind this is Arrow:roll:)

Plenty of time them to rustle a good response.

 

Andy

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The charges I can see only go back to 2004. God knows what I was charged between 1999 and 2004.

 

Reading the comms log they supplied shows an history of extreme harrassment of me and my family (who I haven't lived with since 1997 (b4 accout opened). What a horrible company MBNA are. Surprised they are happy to share that comms log with me to be honest.

 

Andy - thanks for your advice so far (and also ims, brig etc). I have a few qs as to my next move and the timing of it. They can wait for now.

 

One thing for sure - I will be donating to this site if I can rid myself of this shower

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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The charges I can see only go back to 2004. God knows what I was charged between 1999 and 2004.

 

Reading the comms log they supplied shows an history of extreme harrassment of me and my family (who I haven't lived with since 1997 (b4 accout opened). What a horrible company MBNA are. Surprised they are happy to share that comms log with me to be honest. Count yourself lucky you got Arrow could have been Pestons:!:

Andy - thanks for your advice so far (and also ims, brig etc). I have a few qs as to my next move and the timing of it. They can wait for now.

 

One thing for sure - I will be donating to this site if I can rid myself of this shower

 

Andy

We could do with some help from you.

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I have been reading THE thread Andy so know what you're on about :0

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Trying to do some research into defending and counter claiming in a situation where balance is made up of charges. Are there any similar threads where people have been successful in this type of situation?

 

Considering that Arrow bought the debt and that the charges were by MBNA prior to sale, is it still right to counterclaim to Arrow who brought the claim or would I need to defend Arrow and start a new claim against MBNA directly?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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bump

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Hi all, In addition to my Q in post 193, I note that now I have received SAR responses from Arrow & MBNA - there was no letter of assignement of , default letter or termination letter in either bundle. Where does this leave me? Wonder if they will now magically find them...

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Defend and CC the Claimant, they are now the owners.

 

Andy

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Any examples of a defence based on a similar situation? Or should I have a stab at drafting one from scratch? At the moment my main points are: no CPR responses, no letter of assignment or default notice proof, no complete list of transactions that justify the balance. Counterclaim is based on what info I do have and is for the full balance plus compound commercial interest. How does that sound?

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Edit to suit Mr H

 

Regards

 

Andy

 

 

[ATTACH=CONFIG]30293[/ATTACH]

We could do with some help from you.

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Cheers Andy. That's my homework for tonight!

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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