Arrow/MBNA - received the papers from the court - help

[TOPDET]

Hi All,

Apologies first if this is the wrong place as I'm completely new to this post / thread business.

 

I have been following this site for the past couple of years from about the time I realised I was financially depressed

 

!For most of the time I have managed to keep the bigger wolves from the door as I have been in full time employment.

 

I can see light at the end of a very long tunnel but what I didn't / see hear was the corres I received today

announcing the start of litigation proceedings in respect of two credit card accounts (probably opened in the 1990's) with MBNA.

 

It appears they have sold the debt to Arrow Global Guernsey Limited who have instructed Bryan Carter solicitors to issue proceedings.

 

I am not against settling the debt - apart from the outrageous interest rate the applied to my balance as a result of the credit crunch - when I am able.

 

Having telephoned the solicitors today they asked for rediculous monthly sums to clear the smaller debt over 6 months

and then accept a judgement for the larger debt.

 

I am also not against doing battle to ensure these debts are enforceable and to that end I have taken great solace reading and following various threads

(although realised some are years old and I guess things may have changed) to see that victories are possible in this David and Goliath community of ours.

 

I suspect from what I have read is I need to wait until I have the letter from the Northampton County Court

which is apparently on its way and then respond with a CPR or should I begin to do that now?

 

Any advice / guidance to keep me company as I start my journey will be most appreciated.

 

Please and thank you...

[Conniff]

You need to be accurate on this, when was the last payment made and have you acknowledged the debt within the last six years?

[dx100uk]

what have you actually received?

 

a threat-o-gram

 

or

 

a court claim form [N1]?

 

dx

[dx100uk]

and NEVER EVER phone a DCA or their fake/tame 'for hire' solicitor!!

 

dx

[TOPDET]

You need to be accurate on this, when was the last payment made and have you acknowledged the debt within the last six years?

 

Hi Conniff,Thanks for response..

.Definately within the last six years;

I will have to pull all my paperwork together to be really accurate,

but the cards were in use until 2009 (approx)

and last payment was made I think late last year.

 

..I also sent a letter with a payment proposal (unsigned)

- but that was too optimistic as things turned out

- so yes I guess that means the debt has been acknowledged within the past 6 years...

[TOPDET]

what have you actually received?

 

a threat-o-gram

 

or

 

a court claim form [N1]?

 

dx

 

Hi Dx,

Thanks for response, much obliged

 

...A threat-o-gram is exactly what I received.

I did think long and hard about phoning and in the end

 

I phoned to approx 5 minutes to close of office time as I guessed the telephonists but be in 'ready-to-go-home' mode

so much easier to control the conversation and information-flow.

 

What I did learn is the account is with Northampton County Court,

which I have seen referred to as the bulk court where all the legalese begins,

 

as I understand it...

[Conniff]

So you haven't actually seen any court papers yet, I would be very sceptical, (though not impossible) about a ccj from bottom feeding companies.

They know that when they go to court, they get minimal payments.

 

How much is the outstanding amount and are you employed etc ?

 

Get a payment going now, not by direct debit or by giving them a credit or debit card number, but by standing order. If all you can afford is £5 per month, then make a standing order for that amount. If this should go to court and payments are already on the go, the courts are not very amused about having there time wasted by scab companies trying to use the courts to get a higher monthly amount.

 

"What I did learn is the account is with Northampton county court" - This is why you must never ever speak to them on the phone. Yes there is a chance it is with the court, but most of the rubbish said on a phone are untruths in an attempt to put the frighteners on you.

 

So you tell them how much you can afford and send them an income and expenditure sheet if you are on benefits, and you tell them how much you will be paying, not the other way around. So get those payments going and then dig out all your statements etc so you can start claiming back all the penalty payments they weren't allowed to take and you can see if there is ppi that you can also claim back.

Edited May 29, 2012 by Conniff

[dx100uk]

can you look at your CRA filesee below

 

before you do anything else

lets find out who owns this debt [if it even shows!]

 

dx

[TOPDET]

Hi all,

apologies been offline for few days;

 

now returned home to find the court papers dated 25.05.2012

 

for two amounts:

a larger sum of £10674.26 (including court & solicitors fees)

and £4302.41 (again including costs).

 

Yes I am employed so I can make a standing order for a small sum as suggested.

 

The claimant on both forms is for Arrow Global Guernsey Limited with a postal address in Guernsey.

 

I will dig out whatever statements I can find

but as the larger sum account goes back 20 yrs I'm not sure I will have all the statements.

 

I do recall penalty payments being applied on occasion but I don't think I ever opted for PPI but who knows maybe I did..

.I will seek copies of my CRA files also but the websites states it takes 5 days to dispatch the password.

 

The papers indicate I have 14days to sent off the acknowledgement which I will probably do online by 11.05.2012

and then I have another 14 days to submit my defence form

- is there a general wording for the basis of a defence at this stage?

 

Thanks for your help...

[TOPDET]

Hi Dx, apologies for late reply but been offline for few days.

 

Thanks for the Noodle link also as I didn't know about that one.

 

It appears the debt is owned by Arrow.

 

The MBNA reference reveals a 'Satisfied' status against both amounts

so I guess that means MBNA have sold the debt on (to Arrow) or had it insured...

 

I have now also received the papers from the court

so need to busy myself with scripting out the defense document.

 

..any guidance with that will be greatly appreciated.

Thanks

[Conniff]

£10674.26 (including court & solicitors fees) and £4302.41 (again including costs).

 

Nice of them to include costs when it hasn't even been to court yet.

 

I don't think I ever opted for PPI

 

If you did, then it wouldn't have been mis-sold.

[TOPDET]

Conniff, Good points..

. although now I have the court papers

is it already in the court system and that is why they are loading up their fees and costs etc?

 

I can't recall if I selected PPI when I opened the accounts as it was so long ago

- does that mean I cannot have been mis-sold as I probably ticked a box somewhere along the way?

 

I've read the FOA on the Bank forum so I suspect I'll be able to challenge the charges both the small £12 size and the larger £35 size ones they used to apply back in the day.

 

For the moment can you advise me where I can find the latest guidance on completing a CPR under the CCA

 

?Also I have to fill out the defense paper and return it to the court within 28 days

- is there a form of words that is suggested to use as I guess my defense is putting the claimant to proof to show the debt is enforceable - is that right?

 

Thanks again...

[TOPDET]

Hi DX, can you advise me if there is somewhere on this site I can find the latest guidance for completing a CPR and what I write in my initial defence paper back to the court please?

Thanks

[dx100uk]

thread tidied

renamed

and

moved to legal forum

 

dx

[TOPDET]

thread tidied

renamed

and

moved to legal forum

 

dx

 

Thanks Dx, I kinda guessed I was doing something wrong as I getting fewer responses than I expected - compared to other threads...

I've also looked at another thread that makes me think I need to send off the CPR soonest in order to build my defence within the 28days - is that correct?

Also the larger sum falls outside the £5k small claims court limit?