Arrow/sheoos Claim Form - mbna card debt

[c_a_s110]

HELP!!!!!!!

I have a £5k debt to Mbna from Jan 2010

 

it was sold/passed around Aic, Wescot, Moorcroft and finally Arrow Global with a few solicitors letters in between.

 

I did try to reason with Aic when the account was first passed but soon learnt my lesson.

 

Last week a letter came from Shoosmiths solicitors (dated 20/9/12)

asking me to agree terms in the next 14 days or they would issue court preceedings

(threats that had been made in previous solicitors letters),

 

then yesterday a claim form arrived from Northhampton County Court (Claiment Arrow Global).

 

What do i do or can i do?

 

Who do i need to contact and what do i need to send back to the court?

 

Any help appreciated

[ims21]

Thread moved to the legal forum.

 

MBNA Card?

 

Any unlawful charges on the account?

 

Any PPI?

 

Can you give us the history of the debt please?

 

What is the issue date of the claim as shown on the claim form?

[dx100uk]

get a CCA request off to shoesmiths at the address on the claim form

and

get an SAR off to MBNA too [unless you have the orginal agreement & all the statements]

 

was this a loan or a credit card?

 

when did you take this debt out?

 

when was YOUR last financial transaction too?

 

dx

 

dx

[c_a_s110]

Yes it was an Mbna CC. I dont know if there were any unlawfull charges on the account. I think there was PPI on the card.

The history of the debt is

Jan 2009 Payment plan put in place with mbna

Nov 2009 Defaulted on plan (i think when swapping from debit card payments to dd payment, mbna didnt take payment when i thought they had)

Jan 2010 Issued a default notice

Feb 2010 Letter to say account closed outstanding balance still oweing

Feb 2010 Yellow Card from Aic

July 2011 Letter from Mbna saying account placed with dca

Aug 2011 2 x Letter from Wescot on behalf of Bank of America

Sept 2011 Letter from Nelson Guest instructed by Wescot on behalf of Bank of America offering a reduction on the outstanding amount

Oct 2011 Letter from Nelson Guest solicitors instructed by Westcot on behalf of Mbna

Oct 2011 Letter from Westcot considering a door step collection visit

Jan 2012 Letter from Mbna saying debt sold to Arrow Global and notice of assignment

March 2012 Letter from Moorcroft notice of intended litigation

April 2012 2 x letters from Moorcroft possible litigation and offer of instalments (£120 a month)

May 2012 Appointment notice offering £90 a month

Sept 2012 Letter from Shoosmiths solicitors

Oct 2012 Claim form from Northampton County Court

 

The issue date on the claim form is 11 Oct 2012

 

Hope this helps

[c_a_s110]

The card was taken out in 2006/7 i think and the last payment was 23 Oct 09

[dx100uk]

ok great

 

i suspect then as you've had a discount letter

 

there is good prospects of a counter claim on ppi and or unlawful PENALTY charges

 

if you dont have the agreement or all the statements do this:

 

get a CCA request off to shoesmiths at the address on the claim form

and

get an SAR off to MBNA too [unless you have the orginal agreement & all the statements]

 

 

dx

[c_a_s110]

Will get the cca and sar off later today, what do i need to do with the court claim form in the mean time ?. Just noticed on the claim form it says the agreement was assigned to the claiment on 20/12/2011 but on the letter from Mbna and Arrow Global saying it had ben sold was dated 15/1/12 and on the Notice of assignment from Arrow Global says the balance from the 7 Dec 2011. Dont know if that makes any difference?

Thanks for the help so far.

[dx100uk]

i'm not legally minded

 

click on the legal forum in black right up the top

 

look for other threads on claim forms for the time scale

 

dx

[ims21]

You have a time scale to follow here.

 

Issue date is 11 October. You allow 5 days for service which takes you to 16th October. Then you have 14 days to acknowledge so you have until 30th October to get the Acknowledgement of Service in to the court.

 

If you are going to defend you then have a further 14 days which takes you to 13th November to lodge a defence.

 

The legal guys will be along to help you with this issue but in the meantime can you type up the particulars of claim exactly as it appears on the claim form so that the guys have some detail.