mbna/virgin card debt - drydens/arrows/restons discounts offer - now got claim form - help!!

[lutin]

hello!

 

I have a 12k balance on a virgin/mbna card which has now gone to drydens solicitors on behalf of Arrow global guernsey./allied int credit

 

They have already offered me an early settlement of just over £5000, which will make the account partially settled?(nov 11),

for which i asked them for a true copy of the agreement.

 

I have written(all copies of letters kept) to ask them if they have the original credit agreement signed by me.

 

they have eventually sent a signed copy of an agreement,

 

is there anyone can help as to whether this is the original enforceable agreement.

 

any help would be greatly appreciated!!(.i can scan this copy of this agreement for you to look at)thanks!!

[dx100uk]

are you saying they have offered a discount?

 

dx

[lutin]

hi! yes, a letter it said they would be happy to offer me an Early Settlement offer of £5041, as a partial settlement.(does this mean they can still chase me for the rest??)i still cant afford the £5000!!though.what do you think?? thanks for your time!

[lutin]

This is a copy of the agreement that they sent me.I have no penalty charges or ppi to claim back.I am hoping someone would look at the agreement to see if its flawed.I cannot afford to pay the £5k and have done an income and expenditure to them but they just ignored it.The thought of court isnt good but I am between a rock and a hard place.Thanks Lutin

scan0002.pdf

scan0001.pdf

[dx100uk]

hi! yes, a letter it said they would be happy to offer me an Early Settlement offer of £5041, as a partial settlement.(does this mean they can still chase me for the rest??)i still cant afford the £5000!!though.what do you think?? thanks for your time!

 

can you scan up that letter please

 

dx

[lutin]

will do

[dx100uk]

what with the discount letter and the dodgy cca

 

i'd say they are tryn to get

something out of you before it goes sb'ed.

 

typically those offering a discount wil go nowhere near a court for fear of counterclaim.

 

no-one offers a discount if they can get the whole cigar

 

pers i'd be ignoring them.

 

dx

[lutin]

This is the letter for early settlement.Thanks for you help it is much appreciated.

scan0003.pdf

[dx100uk]

def a discount letter

 

time to ignore everyone now.

 

dx

[lutin]

Am I correct in thinking that because they have offered a large discount for early settlement that the agreement is probably duff and difficult to enforce?Cheers Lutin

[lutin]

Sorry just read your last post dx.Thanks for your input,Thanks Lutin

[lutin]

Restons are now on the case,saying they have strict instructions to issue a county court summons, if i dont pay by 5th October.What would you suggest isthe bestcourse of action.Cheers Lutin

[dx100uk]

post it up

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[lutin]

:?:hopefully attached scans cheers

scan0003.pdf

scan0001.pdf

scan0002.pdf

[dx100uk]

the reston letter is the one i wanted

 

please pdf it

 

dx

[lutin]

Again in pdf,thanks for your patience

[dx100uk]

thats a cleverly worded DISCOUNT letter.

 

can you check your CRA file please

 

and

 

when do YOU think you last made any financial transaction on the card in/out?

[lutin]

The last transaction was in August 2010.

 

it was put into default in April 2011 and is owned by Arrow Global.

 

Thanks

Edited September 26, 2012 by lutin
wrong date

[dx100uk]

only the OWNER can take you to court.

 

MBNA sold this debt for a reason

they are all giving a discount for a reason

 

you've not found it so far

as you say there are no PENALTY charges & NO PII

 

it must be paperwork.

 

that CCA you have been sent is AN application form.

NOT an agreement.

 

they'd be hard pushed to convince a judge its enforceable

without supporting statements & clear financial link.

 

dx

 

 

as

[lutin]

Thanks for the input,

 

all I saw in the Restons letter was

"strict instruction and court".

 

I didn't even notice the discount part.

 

As you say they must be struggling with the paperwork or would have taken me to court already.

 

Would you ignore or send a letter,thanks Lutin.

[dx100uk]

IMHO i'd ignore them.

 

dx

[lutin]

Restons have now put in a claim at Northampton County Court on behalf of Arrow Global,

 

what should be my first move.

 

I assume filling in a defence.I

 

am going to read all about a defence but hope someone may give me some advice on a methodical approach.

 

Cheers a nervous Lutin

[dx100uk]

restons and arrow global

 

int partnership

 

i'll move the thread to the legal form

 

plenty of help there

 

dx

[lutin]

Wow,there is some reading to be done...I am trying to keep it simple.

Firstly that I must respond to the claim form with an acknowledgement of service(is this best done online?)Which gives me 28 days to prepare and file a defence.

[lutin]

Hi all,AOS now done online .The date of issue was the 10/10/2012,so + 5 days for service,that means if I) do my maths right I will have 28 days from the 15/10/12,to file my defence,which is 11/11/12(but a Sunday) so 4pm 9/11/12 which is the Friday.

So now should I put in a request to Restons via CPR and if so which one,the claim is well over the £5000 mark.

Thanks a lot Lutin