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    • I think it would be a mistake not to respond. Although the circumstances were pretty different, we are dealing with a case elsewhere on this forum where somebody decided not to respond to an email and they ended up in subsequent proceedings paying quite a heavy bill of costs. I thought it was unfair and rather Draconian decision of the judge – but it shows that it can happen. It's clear that you will have to accept the money is satisfaction of judgement. However if you want to play them a bit then I suggest  
    • I received the first signs of life from Shell Energy's "legal counsel" regarding the 1st claim and default judgement awarded against them.   I have attached a redacted copy of the letter where they indicate they look forward to receiveing a letter of confirmation.   I am confident I know why they have sent this request and more importantly how they intend to use any response.   I have prepared two options.   1. Ignore their letter (This is probably the best option).   2. Reply succinctly.     Shell Energy - Warrant of Control Response - Redacted.pdf
    • I found an old defence I used and tweaked a bit. Unfortunately I think I messed up in not asking for a statement in my cpr, while it wasnt referred to in the poc it does have the amount. There were no paragraphs and it looks like it was done on a phone or even an excel import??. I dont know if not requesting the cpr means I cant ask for proof of how they got the amount?   Is that enough about the lack of account details?, I mean my cabot ref is at the top of the page but 100% no aqua account number on here. That would surely come under having to prove    Please feel free to tweak etc. Wasnt sure how to word the s78 stuff as I didnt want to lie with it being not in default till weds.     Photo of poc is shown above to show how lacking it is in format in particular        Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.     It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement and have sought verification from the claimant.   3.     No account details are given in the particulars of claim linking the claim to the defendant.   4.     It is denied or I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua.   5.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement and; (b) show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfill my CPR 31:14 request.   7. On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • Hi Dixon,   If you don't mind, I'm ignoring the CCJ for the moment.   I'm more interested in what you last said to the police about their failure to investigate the fraud against you commited by FTR Ltd and O'Hara.   If you don't want to post it on-thread, send it to me by PM.
    • ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.   did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.   i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.   on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?   i will guess this is all you really wanted at the start and now at the end of the day.?   would you seriously lose out money wise if this were agreed?        
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Arrows/Drydens chasing old Mbna card debt - MBNA had no CCA.


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Hi, I'm a new member to this forum and earlier today I received a letter from Maddersons Solicitors telling me Arrow Global Guernsey had secured a charging order on my home.

 

I wasn't aware Arrow Global had secured a charge on my property but I did know MBNA a few years ago put a charging order on my home in respect of my unsecured credit card debt with them. Now Maddersons Solicitors are attempting to get me to repay to Arrow the money owed and this is despite fact I have already made arrangements to repay £554 a month to Arrow Global in respect of another unsecured credit card debt.

 

This letter from Maddersons solicitors didn't tell me anything about where the debt originates from and perhaps I need to ask for full details. All the debts I currently have are in respect of credit card debts and I took these credit cards out before 2007.

 

I have a number of debts all of which I have made arrangements to make repayments monthly and since I'm unemployed and only receiving job seekers allowance I can't afford to make any more payments. I've thought of contacting Debt Advice Foundation for help and would like to know if Debt Advice Foundation are reliable.

 

Any advice would be most helpful because I've found dealing with debt agencies to be a minefield and even finding a good solicitor to help me is proving to be impossible. I can claim legal aid but most solicitors don't accept legal aid.

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Yes, you need more information before handing over any money. If this account has been assigned to them then you require sight of the Notice and Deed of assignment in order to substantiate their claim.

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I know nothing about the company you mention.

 

National Debtline and CCCS are two of the Debt Counselling charities that might be able to assist. Although you should be able to deal with this yourself and advice from CAG.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you were not advised that court application

was filed for the charging order that Arrow

claim to have it's good grounds to get it set aside.

As Citizen B says you must get all the details before

making any moves.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Many thanks Citizen B and Brigadier2JCS for your recommendations. I'll write to Maddersons solicitors and ask for sight of Notice and Deed of Assignment. My problem is a number of my credit card debts have been sold and resold so that I don't know where these debts originate from.

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  • 5 weeks later...

On 15th August, 2011 I sent template letter to MBNA and £1 postal order asking for original copy of my credit card agreement application form. Today I received this reply from MBNA:

 

'Unfortunately we are unable to comply with your request.

For as long as this continues we will not issue court proceedings against you to recover any amount owed either now or in the future.

 

However, please be aware that you should continue to make payments to your account if you have an outstanding balance.

This is because your debt continues to exist and has not been extinguished so you continue to have an obligation to pay us.

 

As such we are entitled to contact you to request payment if you fall behind on your payments.

We are also entitled to report your repayment patterns to the Credit Reference Agencies, including where appropriate registering a default against your name. This has recently been confirmed in two High Court decisions: McGuffick v RBS and Carey v HSBC.'

 

I have not been making any payments to MBNA for over a year now and I was not aware of credit card debt with MBNA until July this year when MBNA wrote to me.

 

I have not acknowledged my credit card debt with MBNA because I was trying to see if late charges had been applied to my credit card.

 

I'd be grateful for any advice as to how proceed with regards to MBNA given they cannot provide me with the original credit card agreement form.

 

Yesterday I received notification from Westcot Debt Collectors that unless I repaid the full amount owed to MBNA Westcott would be taking me to court.

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Thread moved to Debt Collectors Forum.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Keep the letter from MBNA safe and tell Wescott to go away.

 

You have confirmation that MBNA will not take you to Court, therefore Wescott have just shown themselves to be making empty threats which they can never go through with. You decide what to pay, when to pay and if to pay - you are the one in control here, nobody else!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Point out to the Westclots that they are also in breach of CPUTR 2008 in making threats which cannot be carried out.

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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Thank you everyone for providing me with the information/advice I needed. I've read through 4,5 & 6 of the links and my understanding is that whilst the debt is unenforceable I still need to make repayments each month.

 

Since I am currently unemployed and have already made arrangements to pay my other creditors an equal amount each month, I think I would be correct in writing to MBNA and saying I will pay x amount each month until my financial circumstances change.

 

Am I right in thinking this is the course of action I need to take?

Westcot's letter threatening court proceedings was dated the previous day to the one MBNA sent me and also Westcot have rung me on several occasions and left messages. I've taken on board the message never to speak to debt collection agencies via phone but instead always deal with them via letter.

 

I see I need to write to Westcot telling them they are in breach of CPUTR 2008 and I was surprised at Westcot sending threatening letter so soon after MBNA had initially contacted me.

 

I'm worried that if this debt is sold to another company will the debt then become enforceable and even though I've read the OFT 's guidance notes it doesn't make it clear whether debt is enforceable if sold.

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Has this account actually been assigned/sold to Wescotts or are they just acting as debt collectors ?

 

I would think in respect of what MBNA has written to you, then no, they consider they will be unable to enforce the debt in a court of law. Which is why they have said they wont take court action.

 

Sadly, enforcement is only the obtaining of a Judgment in court.. other action such as telephoning you, writing intimidatory letters all seem fair game.

 

If Wescott is THREATENING litigation, then sending a copy of MBNA's letter to them should.. see them off.

 

As Undercover Elsa has said.. Wescott are in breach of guidelines in that they are threatening action they know they are unable to take, and should be reported to the OFT in that respect.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi, Citizen B, I've just checked Westcot are acting as agents of MBNA so I will send Westcot a photocopy of letter from MBNA and see what happens.

 

If I continue to receive phone calls from Westcot I will not answer phone.

I think Westcot must be aware they can't take legal action against me which is why they were so quick to send me threatening letter.

 

What worries me is if debt is sold to another company and if so, will this debt be enforceable?

I think I am correct in writing to MBNA offering to make a monthly repayment of £5 and see what happens.

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Hi again,

The whole point of sending the CCA Request was to establish whether this debt is enforceable in court, ie whether they hold a copy and if so whether it contains the prescribed terms and conditions etc...yes?

 

Putting aside any moral arguments which, with their greed inspired doublespeak they may present to you, the letter you received from MBNA is the best result you could hope to get from a CCA Request.

I'm unsure how you draw from this that you'll now have to pay, despite your financial hardship?

 

Obviously it's your choice, but if it was me I'd just stop acknowledging this debt and sit it out till it's statute barred.

I stress that this doesn't necessarily reflect the views of CAG...just what I would do in your circumstances...but then I'm very very naughty :lol:

  • Haha 1

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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PS Selling it on won't make it any more enforceable. Only them finding an agreement will do that.

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Wicked Elsa, but excellent advice, I reckon

a load of debtors would love to get a letter

like that from their creditors, so the OP

should do as you say ignore any further

threats of litigation apart from sending a copy

of the letter, then sit back and wait for SB.

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I'm 3 years into TWO of those letters. Not heard a dickybird since. :roll:

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Right...off to B&Q for some Bark Chippings.

My life of wickedness....

:razz:

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Just going to get the mower bl**dy grass:lol::madgrin:

keeps growing like crazy

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, Undercover Elsa and Brigadier 2JC, apologies for delay in replying - been having problems with internet provider. Yes my aim was to establish whether or not this debit is enforceable in court. I can't repay debt at present due to being unemployed so will send copy of MBNA's letter to Westcot and see what happens.

 

I was worried if debt is sold on this would cancel out MBNA's notification to me. The law in respect of credit card debt is a minefield and debt collection agencies are not always ethical in their dealings with debtors. So will see what happens. :-)

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When a debt is sold it is with all the benefits, rights

and OBLIGATIONS of the original credit agreement

and any variations.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...

All quiet on the western front Hecuba?

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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  • 5 months later...

Last year I asked MBNA to provide me with a copy of my Credit Agreement and MBNA sent me a letter stating they were unable to comply with my request. MBNA also informed me that as long as this situation continues no court proceedings will be issued against me to recover any amount owed either now or in the future.

 

Fine I thought - then earlier this month I received a letter from Clarity Debt Collectors sent on behalf of Arrow Global who have now purchased debt owing to MBNA. Clarity demanded I contact them so I sent them a copy of MBNA's letter and at same time did not acknowledge or accept responsibility for this debt.

 

I've now received another letter from Clarity stating 'If we do not hear from you we will need to work with our client to consider options available. These include our representative, Fieldcare Ltd. vistiing you at your home to reach an agreement with you.'

 

I'd very much appreciate advice recommendations because Clarity in my view are deliberately attempting to intimidate me.

 

Hecuba

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Typical rubbish, yes they can ''ask'' you to pay.

I would ignore this letter if anyone did call they

have no rights, no authority so can be told to

leave the property and not call back.

Or you can write to Clarity and tell them no home

visits, telephone or e-mail contact is to be made.

Couple this with a CCA request.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Many thanks Brigadier2JCS for your prompt assistance.

I'll write to Clarity telling them no home visits/telephone or email contact is to be made with me.

I'll also request a CCA.

 

If MBNA cannot provide me with the CCA then Clarity or rather Arrow Global will obviously not have the original agreement.

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  • dx100uk changed the title to Arrows/Drydens chasing old Mbna card debt - MBNA had no CCA.
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