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TonyInDevon

Drydensfairfax served court papers-Incorrect Defendent address

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Claimant: Arrow Global Ltd with: Drydensfairfax solicitor Original debt: MBNA CC

 

Brief chronology: marital separation occurred 1st October 2007. Then through to 8th December 2008, my estranged wife continued to reside in our property (lets call it Property A). Thereafter she moved elsewhere, and I then took possession of Property A, where I have resided since. In January 2009, I wrote to all her debtors, advising of her change of residence.

 

One of these debtors was MBNA in relation to a credit card. In fact I wrote twice to them in January 2009, for which I have copies of that correspondence. It clearly stated that she had moved elsewhere and her onward residence at that time was explicitly given, plus I also advised that any correspondence they may have sent to her since her departure on 8th December 2008 will not have been received by her, unless they had forwarded additional copies to her latest address.

 

Recently, on 13th November 2012, Drydensfairfax served a county court money claim on my estranged wife. It arrived in my letter box at Property A. Copy of page 1 of the claim is attached. It looks to be fairly standard for MBNA, Arrow Global and Drydensfairfax, claiming 1. the Defendant failed to maintain payments (which is quite possible), BUT:

 

2. A default notice was served upon defendant and has not been complied with.....

&

3. By virtue also a sale agreement (blah blah blah) The defendant has been notified of the assignment by letter

 

What is clear is that Points 2 & 3, are nonsense. Anything they have sent, care of my Property A address, WILL NOT have been served on the defendant (as she does not reside at the Property A address) and equally she will not have been advised properly of the sale agreement/ reassignment of the debt from MBNA to Arrow Global.

 

My question is, how do I stop Drydensfairfax and the court dead in their tracks and stop them using my Property A address as if it was a valid residential address for the defendant. What would people here suggest ?

 

The ideal solution would be for the Claim to be struck-out (as 2 of the 3 Particulars are pure-fabrication) and for Drydensfairfax to be forced to go back and to have to reissue a default notice to the correct address (so that the defendant does actually receive it, in other words it is served properly). At least she can then respond to that, before a Court Claim is ever issued.

 

All round, I have no problem with writing to whoever, in order to assist the Ex with/in this matter....it's just a question of what to do next. Any suggestions?

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maybe need to know whether your notification of change of address (ie not from her) would be acceptable to a banker in the circumstances otherwise they may have been entitled to use last known 'official' address. and when was the def notice and assignment supposedly sent? mind you, if your notice of address change was not acceptable to mbna they should have for data protection purposes written accordingly to her eg we have received such notice, is this correct?

what did the other creditors do?

in any event, your wife will need to deal with the claim form, presuming you have forwarded it on to her!

welcome to cag btw :)

Edited by Ford

IMO

:-):rant:

 

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