Help! Arrow Global - MBNA - Shoosmiths- Judgment letter

[msattitude]

Hi everyone, I could really do with some help please.

 

The story so far...

Originally through MBNA who I contacted back in October 2010 requesting a copy of the original agreement under the CCA, they replied with a letter to say they didn't have it and because of a that, they would not issue any court proceedings, they have since sold it on to an arrow global who have now issued court proceedings!

 

I received a claim form from Northampton county court (CCBC).

 

Particulars of Claim:

 

1. The claimant's claim is for the sum of

xxxxx.xx being monies due from the

defendant to the claimant under a regulated

agreement between the defendant and

MBNA Europe Bank Limited (No. xxxxxxxxxxxxxxxx)

and assigned to the claimant on 20/12/2011,

notice of which has been provided to the defendant.

 

2. The defendant has failed to make payment l

accordance with the terms of the agreement

and a default notice has been served

pursuant to the Consumer Credit Act 1974.

 

3. The claimant claims the sum of

xxxxx.xx

 

4. C has complied, as far as is necessary, wi

the pre-action conduct practice direction.

Number

 

It arrived late so I called the court and told them it had arrived late and they basically said too bad, it was too late for me to appeal against it and that it had now gone to judgment.

 

A couple of days later I had the judgment for claimant letter arrive which I now need to get set aside using the N244 form. I understand I need to pay £80 for this.

The problem is I am not sure what to put in my defence and in fact how to get the wording over correctly.

I do have a copy of the MBNA letter and also a letter from a claims management company who also confirmed that MBNA could not produce the agreement.

 

What I have done so far in between receipt of the claim form and the judgment letter is send a letter to arrow for a CPR 31.14 Request which I got from this forum thank you, and also I requested a copy of the original agreement under the CCA with postal order and all sent first class recorded delivery. I also copied everything to Shoosmiths as well, again recorded delivery.

 

I suffer with dyslexia and due to that have trouble with filling in forms and getting my wording out using the right terminology

 

Can someone please help in simple terms as to what I need to put for my defence in the N244 form?

 

Thanks

Edited November 15, 2012 by msattitude

[AndyOrch]

Hi msattitude and welcome to CAG legal Forum.

 

Couple of points to consider before proceeding with that application....can you expand on " received late " Have you moved or not lived at your current address long?

What dates are on the summons and what date did you receive it?

If you had of received it on time what other reasons of defence could you use apart from the CCA request default?

 

If you could flesh the bones a little and we can see what options are open.

 

Regards

 

Andy

[msattitude]

Hi Andy,

 

I am not 100% sure what date it arrived but I think it was Friday 9th November, it is dated 12th October! Not moved or anything like that, same address for years.

 

If it had not arrived late the only defense I have is the letter I have from MBNA stating they did not have the CCA agreement and the letter from the claims management company who also confirmed that MBNA could not produce the agreement.

 

That is all I have.

 

I am getting quite worried now because the court told my I needed to get the forum back to them today or I might be too late for that as well

 

Feeling quite desperate now!

[AndyOrch]

Ok have you downloaded the N244? you can complete it on screen then print off copies.

 

 

1/2 Are easy enough Name etc

 

3 An order to Set a side Judgment claim number ........dated.....at County Court...........

 

In Box 3 :

 

An order that the Judgment be set a side pursuant to CPR PD13..2 (a)

 

The summons claim pack was dated 12th October 2012 and was received by post 9th November 2012 .I was therefore deprived opportunity to respond or enter an acknowledgement of service/defence in response to claim faced with.

 

 

 

 

4 Draft Order

 

Yes (see below)

 

5 At a hearing ??

 

Without a hearing (fee is £45 but they may insist on a hearing at £80)

 

6/7/ Leave Blank

 

 

8 District Judge

 

 

9

Write Claimant (Arrow Global)

 

10 Attach Draft

 

11 Signature

 

Suggest your Draft Order looks more like this:

 

*******Draft Order********

 

1. This judgment be set a side pursuant to CPR 13 PD 2 (a) by order of the court.

 

2.It is respectfully requested I be allowed to defend this matter.

 

 

2. The Claimant shall pay the Defendant his costs of this application and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

*****End of Draft******

 

Regards

 

Andy

[msattitude]

Thank you Andy so much for this.

 

So are you saying I don't mention the letter from MBNA at all at this point?

 

Sorry, although I will follow your advice it doesn't mean I actually understand any of it!

[AndyOrch]

You could add at point 3 :- An order that the Judgment be set a side pursuant to CPR PD13..2 (a)

 

The summons claim pack was dated 12th October 2012 and was received by post 9th November 2012 .I was therefore deprived opportunity to respond or enter an acknowledgement of service/defence in response to claim faced with.

The Claimant was and still is in breach of section 78 request dated .........The Claimant responded that no Credit Consumer Agreement was available for the account referred to in this judgment.

 

The application should not stand or fall on that addition though you are requesting set a side due to bad service.

 

Regards

Andy

[msattitude]

Thanks Andy,

 

I forgot to mention: The original MBNA letter, sent in October 2010, apart from saying they were unable to comply with the request, also stated "For so long as this continues, we will not issue court proceedings against you......."

 

They subsequently assigned (sold?) the debt to Arrow, who are now the claimants.

 

So should I state " MBNA, the original account owner, was and still is in breach of section 78 request dated xx/xx/xxxx .........The Claimant responded that no Credit Consumer Agreement was available for the account referred to in this judgment and also that "For as long as this continues, we will not issue court proceedings against you......".

 

Arrow have been sent a CPR 31.14 request, but that was only a couple of days ago. They obviously will not be able to produce an agreement as MBNA do not have one.

 

Would it be useful to attach a copy of that letter to the N244 form, and also, would it be helpful (or a hindrance) to also attach a draft copy of a defence at this point?

 

Thank you

[AndyOrch]

No I would retain that little gem if this proceeds past AQ.

 

Andy

[msattitude]

Thank you so much for your help Andy, it is very appreciated, you are a star