Experto/Varde now Arrow/Shoos Claimform - old MBNA card debt

[Old Cogger]

MBNA send out defaults 2nd class mostly UK Mail and their defaults are mostly wrong, they have been proven I understand in a court case to be sent 2nd UK mail? and in a lot of cases quoting the full amount and not the arrears, the time allowed usually incorrect.

 

sure others will respond for you.

[dx100uk]

was that not in harrison?

 

UKMAIL big S on the env is second class

 

it takes 5 days to enter royal mail

 

then 4 days to be delivered as its S . 2nd class = upto 9days

 

dx

[Old Cogger]

Harrison v Link Financial Ltd [2011]EWHCB3(Mercantile)

 

The full judgment on bailii can be accessed here -

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Mercantile/2011/B3.html&query=link+and

+financial+and+harrison&method=boolean

 

if any use to you?

[roygoodbeat]

Does anyone know when they stopped sending second class. The solicitors were claiming it was first class.

[citizenB]

Did you not keep the envelope ? When was your DN mailed to you, or did you not receive one at all ?

 

According to robcag in an earlier post - it is irrelevant whether it was sent 1st or 2nd.. the DN was short on service time anyway..

 

Umm, time for submitting a defence.. have you agreed an extension, because you say you received the Claim on 11th October.. when was the issue date !! I think you might have missed the submission date !!

 

Unless you have agreed an extension of time - then the date to submit is 33 days from date of ISSUE.

[roygoodbeat]

The solicitors stated that I had until the 19th November to submit a defence. I have done so by submitting an embaressed defence.

 

No I did not keep the envelope for the default but I do remember it was UK Mail. I received this on the 14th October, date of issue 9th October.

[roygoodbeat]

Received a letter from the court and Arrow. They have now sent a copy of the default notice, claiming the full amount. I understand that this is defective. A copy of the application form, no t@c's, a note that they are unaware of any proof of postage required for when the debt is sold to another lender and that is that.

 

Have been asked by the court to submit a defence by 29th April if I have any issues with what they have supplied.

 

Any quick advice would be great, especially regarding there default notices, application form and so on.

[citizenB]

Ok, well the DN is definitely defective - they can only ask for genuine arrears.

 

I will alert andyorch re your defence.

[AndyOrch]

A further defence is only required if you have issues with what they have disclosed Roy.

 

Perhaps scan in( less any identifiable data) for posters to view and comment.

 

Regards

 

Andy

[roygoodbeat]

This is the default notice and application form. I orginally submitted an embarressed defence. Does this mean I have to amend this. Had no t&c's or anything else. The amount in the default notice was the full balance. I read somewhere they can ask for full amount after 6 months, which this is for.

mbnafullbof.pdf

[citizenB]

They can only ask for genuine arrears in a Default Notice.

 

In the terms and conditions - is there a clause 8f which they refer to in the DN ?

 

If they wish to call in the whole outstanding balance, then they have to proceed in a different manner. They tried this in Harrison v Link. They suggested that they would be able to simply request the full amount.

 

The Judge disagreed with them, having gone down the default method of s87(1) then that is the route they had to go. They couldn't "change horses midstream" so to speak.

[citizenB]

Received a letter from the court and Arrow. They have now sent a copy of the default notice, claiming the full amount. I understand that this is defective. A copy of the application form, no t@c's, a note that they are unaware of any proof of postage required for when the debt is sold to another lender and that is that.

 

Have been asked by the court to submit a defence by 29th April if I have any issues with what they have supplied.

 

Any quick advice would be great, especially regarding there default notices, application form and so on.

 

So you have been advised to submit a supplementary defence by the 29th April, based on information you might have been supplied with AFTER the original defence was submitted, yes ? I don't know whether you would need to do this by way of a Witness statement or not. You will need to wait for andyorch/donkeyB to comment on this.

[roygoodbeat]

I could not tell you as I don't think I received these.

 

They are asking for a fully pleaded defense detailing any issues I have.

[roygoodbeat]

TRIED TO CALL THE COURTS THIS MORNING BUT THERE IS NO REPLY. i NEED TO SEND A PROPERLY PLEASED DEFENSE ON THIS. HAVE DRAFTED ONE BUT DON'T KNOW WHICH FORM TO SEND IN. Have asked for costs on this too.

[AndyOrch]

You dont use a form if its the DJs Direction...simply file and serve on the defendant.You wont get costs for submitting a particularised defence.

 

Regards

 

Andy

 

PS You need to switch off your caps lock.

[roygoodbeat]

You dont use a form if its the DJs Direction...simply file and serve on the defendant.You wont get costs for submitting a particularised defence.

 

Regards

 

Andy

 

PS You need to switch off your caps lock.

 

Off!.

 

So I just fill out in the standard format Me V Arrow Global and so on. Do I title it witness statement.

[AndyOrch]

Yes and no....you have to submit it manually as opposed to the one you did on MCOL so it requires an header /Court name/Claim number and headed as as Particularised Defence and finish with a statement of truth.

 

Its not a Witness Statement...that comes further into the process.

[roygoodbeat]

My defense went in as ordered by the court. The judge then ordered Arrow to submit a defense too. The deadline for this to be in was almost three weeks ago and neither the court nor myself have been served with anything. The court now has asked me to write to them. Can anyone suggest a letter and can I now get this struck out on the basis that they have failed to comply with a court order. (Can I get costs too?)

 

Want to get this in asap.

[citizenB]

Will leave a message for andyorch for you.

[citizenB]

Roy, I asked andyorch what you would need to do.. could you please advise whether there was a General Order from the court as asked below..

 

 

recent changes to the CPR has tightened the sanctions for not complying with orders...I would of assumed that the Court could do it of their own initiative....was there a General Order issued containing the above order with further info on none compliance?

[roygoodbeat]

I sent an embdaressed defense. They then ordered Arrow to send the default notice, and credit agreement over to me. When received I was ordered to submit a new defense which I did. They then asked Arrow to send in one. This has never been done.

[citizenB]

I think you misunderstand.. you said the court has asked you to write to them.. Did they say this to you on the telephone or have they sent you a letter (General Order) from the court asking to you do this.

 

If so, can you let us know exactly what was on the General Order.

 

Also, you had a letter advising that you had to send a defence, AG had to send you a default Notice and they also had to send a defence as well. That would have been conveyed to you on a General Order. Did it say there would be any penalty for non compliance ?

[roygoodbeat]

Claimant to file and serve on Defendant by 4th June 2013 a Reply to Defense

 

Stay on proceedings hereby removed.

 

Was on a general form of judgement or order

[citizenB]

Righto.. so no sanctions.

 

In which case I imagine the court is asking you to either write or make an application to have the claim against you struck out as the opposition have not complied with a court order.

[roygoodbeat]

So all I really need to do is to write and say that they have not compiled and that I request that the case is now struck out?