arrow/carter claimform - old MBNA Card Debt

[pigletnhs]

hi, thanx for reading, just need a bit of advice ,

 

i hve received court papers from county court,

claimant is a arrowe global guernsey ltd,

there solicitor is a bryan carter..

 

particulars of claim arefor the balance due under an agreement which is now due

.that the defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxxxx

but has failed to do so.

the claimant claims £4999.00 and also interest.

 

i think arrowe global is a dca.

 

.ive had letters of them in last twelve months.

.but i havnt taken any agreement out withthem?

 

any ideas on how to defend this ?

all feedback much appreciated guys .

[citizenB]

We would need a little more information ..

 

It is likely that a debt has been assigned to Arrow Global - they seem to be purchasing quite a lot of MBNA debts - did you ever have an MBNA account that went into default?

 

What is the date of issue on the claim form - you will find that in the top right hand corner of the form.

 

I will also move your thread to the legal issues forums as a claim has been issued

[dx100uk]

check your cra file

 

that should give you more info

 

hopefully

 

dx

[pigletnhs]

hi, thanx ..

here is a brief background.

 

.i did have a mbna account between 2007 and 2010..

 

i went through a divorce and lost my job etc.

.ex got the house car all the usual stuff.

.i think it must be this coming back to haunt me..

 

letters ive had are jan 2012 mbna inform me they are transferring my account to arrowe global.

.jan 2012 a nice welcoming letter from arrowe global also informing me they now have possession of my account..

.may 2012 letter from bryan carter informing me that his client arrowe global have reduces my balance from 5840 to 4999..

.this is to apparently helpme settle .

30 may 2012 bryan carter letteragain informing me he has issued litigation.

.1st june...claim forms from northampton county court..

..poc mentions an agreement which is now due?

also the defendant agreed to pay monthly instalmentsunder account numberxxxxxxxx.

..there was no agreement copy included in the court papers?

should this of not been included?

how can i defend something

i cannot see? .

.thanx again ..

[citizenB]

You have a timeline which you need to adhere to..

 

Issue date + 5 days for service + 14 days to acknowledge claim + 14 days to submit defence = 33 days from date of issue.

 

If you are going to defend you need to start obtaining information - have a read of the pdf below and send off a CPR 31.14 request.

 

Sadly you can only request information that has been mentioned in the claim form and that is simply the contract/agreement.

 

Do you recall getting a Default Notice from MBNA ?

 

legal issues-compilation.pdf

[pigletnhs]

no i dont recall any default notice from mbna..i have got the requesyt ready to send of for the cpr.

[Jasper1965]

pigletnhs said:

may 2012 letter from bryan carter informing me that his client arrowe global have reduces my balance from 5840 to 4999..this is to apparently helpme settle .

.

 

This is actually to ensure that the claim falls below the £5000 mark which would normally be the cut off point for the small claims track.

 

The claim was filed online so there's no requirement for a copy of any paperwork at this stage but that is not to say there is not a requirement for such paperwork full stop.

 

You will need to acknowledge service of this claim.

CPR Bryan Carter for the information.

 

Any idea how much of this claim is made up of charges and was there any PPI attached to the account?

 

pigletnhs said:

no i dont recall any default notice from mbna..i have got the requesyt ready to send of for the cpr.

 

Sorry I somehow overlooked that.

 

Suggest you show us your CPR request prior to sending as too many people try for an inappropriate templated request the half of which is often not even relevant to their particular case and it's a chance to start making things difficult for the claimant.

[pigletnhs]

just received reply of carter, hes saying the seven days i have given him to send me a copy of the said agreement is unreasonable and he needsa further 28 days tosource the original agreement?..do i have to give him the 28 days? whats my next move ? thanx piglet

[AndyOrch]

If he needs longer then he must agree to an extension CPR 15.5, this will allow an extra 28 days before you need to submit your defence, get written conformation to this agreement then inform Northampton.Attach his conformation to your request.

 

Regards

 

Andy

[pigletnhs]

thanks andy, just posted reply to carter.if he agrees tothe cpr15.5 should i inform northampton via post with an attachd copy? thanks again pnhs

[AndyOrch]

Yes you must inform Northampton and in your covering letter ( work out the new date of your defence submission) and state that date ie +28 on your original defence date.

 

Regards

 

Andy

[pigletnhs]

ok sorry not been on for a while , not been well....

.story so far...

court papers arrived from northampton on 2nd june ..

....i do an online aos to the court 6th june .

...also write to carter on 6th june with a cpr 31.14 request..

..carter replies on 9th june asking for a 28 day extension...

 

.i reply to carter on 12th june telling him as he has requested an extension to source any such agreement

he must agree to an extension 15.5.

 

.also i put it to him as he has signed the poc which in itself is a statement of truth

that surely he must have already seen such documentaton???...

 

.27th june carter replies agreeing to extension of time for filing my defence from 14 days documentation is sent..

.....that was last correspondance with carter.

 

....i contacted the court yesterday and he hastnt applied for judgemen

t..what is my next move???..

 

.can i ask the court to dismiss it????

 

do i contact carter????

 

thanx everyone

[AndyOrch]

Hi Piglet

 

No defence has been submitted for this claim therefore they could request judgment at any time, what would be the date for your defence working on the extension?

 

Regards

 

Andy

[pigletnhs]

well based on the date he replied (27 june) it would of been 11th july....but he has yet to forward me any copy of the agreement??

 

he stated in that same letter his client agrees to an extension of time to file defence from the date documentation is sent ...but as of yet he has failed to send me any documentation?..do i just have to wait now until he does?? thanx piglet

 

also...should i forward a copy of his letter he sent me to the court with a covering letter? thanx piglet

[AndyOrch]

I personally would be submitting a short holding defence today just to stop the threat of default judgment.

[pigletnhs]

thanks andy...in my defence shall i explain i an awaiting document of carter? as how can i defend something which i havnt seen? thanx

[AndyOrch]

The Claimant does not need to provide documentation to support their claim therefore a defence should not be based on the none compliance or disclosure as the DJ will find against you on the balance of probabilities.

 

A vague response on either you admit or deny the Particulars

 

particulars of claim are for the balance due under an agreement which is now due

that the defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxxxx

but has failed to do so.

the claimant claims £4999.00 and also interest.

 

Example edit to suit:-

DEFENCE:

 

1. Paragraph 1 is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant.

2. Paragraph 1 is not admitted with regards to the Claimant terminating the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant.

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

6. On the alternative, the Agreement referred to in paragraph 1 was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974 ('the Act').

 

7. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that it was improperly executed as set out above and by reason of Section 65(1) of the Act.

 

8. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

9. 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.

 

Regards

 

Andy