Court proceeding MBNA/ Arrow Global

[Clumber]

Hi All

 

I’m hoping someone can be of help to me on here, be that telling me what to do or directing me to a previous thread.

 

I have received a Court ‘Claim Form’ from Northampton County Court issued by Shoosmiths LLP on behalf of Arrow Global who in turn had purchased my MBNA debt.

 

I had originally written to MBNA in March 2010 asking for a true copy of the signed credit agreement(s) in their original form.

 

I did not receive any response from MBNA and no contact apart from the usual Debt Collectors and other companies that obvious offer discounts if I pay it off. These companies tended to go away once I said the account was in dispute. Arrow Global obviously being made of sterner stuff.

 

I have responded to Shoosmiths prior to the Court letter but these had possibly crossed in the post. I have requested the 28 days from the Court to prepare my defence.

 

Shoosmiths have responded and they have asked me to provide evidence of my contact with MBNA for their consideration.

 

My questions are:

 

• Will my ignored request to MBNA count or stand up in Court? I did have a proof of posting but cannot find this now. Even the letter was on a defunct computer that I had to get an IT guy to suck the files out of.
  
• Should I continue talking to Shoosmiths prior to the case?
  
• Have I any chance of coming through this?
  
• If this matter should go to a full court hearing I would not feel confident in representing myself. A friend has said they would lend me a few hundred £ to employ a solicitor. Anyone know of a solicitor who will defend/support me and is up to speed on these sorts of matters (and based in the East Midlands)?
  
• How come they have started proceedings now? Has there been a case heard that they have won and so feeling bullish or are they just hoping I will fold and pay?
  

 

Many thank for your attention, time and consideration.

[Bandit127]

Please can you post up the date of issue of the claim and the particulars of claim (word for word but with identifying details removed and amounts rounded up).

 

Each case is individual and the experts here will only be able to give you accurate advice with this information.

 

In the meantime I will ask the site team to move your thread to the legal issues forum where you will get better advice.

[honeybee13]

Hello there.

 

As suggested by Bandit [hello there ], I have moved your thread to the legal forum and left you a short term redirect. I hope you get the help you need.

 

My best, HB

[citizenB]

If MBNA are in default of your s78 request, then it is my understanding this claim should never have been issued. See Phoenix v Kotecha

 

04 - Phoenix Recoveries vs D Kotecha - Court of Appeal.pdf

 

and Cabot v Bachelier

 

 

Cabot v Bachellier.pdf

 

 

If you could post up the information requested by Bandit, then we can let you know your timeline.

 

Did you receive a Default Notice - was it compliant with the regulations. See Harrison v Link

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

[Bandit127]

I am no legal expert but I will provide the following observations:

 

Shoosmiths are proper solicitors and will probably not cave in at the first sign of a defence. (Unlike Uncle Bryan).

 

Yes, you can email/write but telephoning should probably be reserved for confirming that they have documentation etc.

 

A defence based on non compliance with a CCA request alone is risky. If they turn up a compliant agreement your defence looses all merit.

This is why you need to post up the particulars of claim and the advice of the experts. It is quite possible that you can defend in full, but you need to follow procedure.

 

It is the weekend so bear with CAG if the experts don't reply just yet.

 

EDIT - LOL, slow fingers - I see two just did...

[Clumber]

Hi you guys.

 

Many thanks for the offer to have a look at this matter for me.

 

Here is the Court Claim details.

 

ARROW GLOBAL GUERNSEY LIMITED BELVEDERE

Claim Number

2XXXXXXX

Defendant

MR XXXXXXXX

Amount Claimed

£5,100.00

Court Fee

£190.00

Solicitor Costs

£100.00

 

 

Total Amount

£5,390.00

Issue Date

15/11/2012

 

Address for sending documents and payments

Shoosmiths LLP

The Lakes

Northampton

NN4 7SH

 

Particulars of claim

 

1. The claimants’s claim is for the sum of £5,100.00 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No. XXXXXXXXXX) 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 in 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 5,100.62
   
4. C has complied as far as necessary, with the pre-action conduct practice direction Number (Note no number given)
   

 

 

 

 

I received a response to my letter to Shoosmiths and the solicitor has asked me to send a copy of my original letter to MBNA.

After a lot of messing about with a defunct PC to get a copy off, I now have this.

 

Question. Should I send him a copy???

Again, many thanks for your help.

[citizenB]

Ok, timeline..

 

Issue date 15/11/2012 + 5 days for service = 20/11/2012 + 14 days to acknowledge = 04/12/2012 +14 to submit defence = 18 December (33 days from date of issue)

 

Have you acknowledged the claim ??

 

You would have needed to do this online, using the password given on the claim form. You would then have the extra time to submit your defence.

 

Are you able to scan the MBNA letter and post it up for us to see before any decision is made ?? If so, please follow the instructions below.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?374031-form-N149-received-help-!!/page3

 

I dont know whether you have seen this thread - another cagger has had a claim issued from the same claimant.

 

He has a letter from MBNA stating that "they will not take any court action whilst in default of the s78 request"

 

This is how sneaky they are.. they themselves arent taking action.. but htey have sold the debt on and Arrow are now chancing their luck ?

[Clumber]

Hi Citizen B

I have acknowledged the claim and as such trying to get my defence in place.

Although a fairly confident person I know that if against a knowledgable solicitor and probably a judge who doesn't want to be bothered with a 'non-legal' person, I'd be severly dis-advantaged.

I had not seen the other case you referred to but will look now.

 

[ATTACH=CONFIG]39906[/ATTACH]

 

Hopefully I have managed to get the letter attached with details XXX'd out

 

Thanks for your time and consideration

[Clumber]

Hi.

Perhaps I ought to add, I got no response from MBNA but a few months later got variou DCA's writing and ringing up.

Whenever I mentioned my request to MBNA and asked them to speak to their client (MBNA) I then would not hear anything for a few months.

 

I sent the £2 fee by Postal Order and also got 'proof of posting' for the letter. I have searched the house top to bottom and cannot find them. Perhaps not surprising given I'm not a very organised person and this is well over 2 ago.

[toxicdebt]

Hi Clumber

 

Im in the same boat as you - just about a month ahead of you. Shoesmiths caved in & withdrew their services as soon as i submitted my defence ( I did not contact them prior to submitting my defence). Arrow are now proceeding by representing themselves. Im at the stage where I have just submitted my Allocation Questionnaire. Not sure if this will help but you can read up on where my case is presently on the MBNA forums under the title of Toxic Vs MBNA. It might give you an idea as to what is coming your way in the near future & help you head off any pitfalls that may happen to me along the route, seeing as I'm a little ahead of you in the court claim progress stakes ;-)

[Clumber]

Hi Toxicdebt

I will read your case when I get home and I'm feeling a little better to know there are others out there.

 

Regards and thanks

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?163837-Toxic-V-Mbna

 

Clumber, I have pasted a link to toxicdebt's thread above for you.

 

Righto.. as far as you are concerned there is an outstanding s78 request from MBNA so the account was clearly in dispute.

 

When you do get home Clumber.. I think you need to sort out what paperwork you DO have and organise it all.

 

Then perhaps we can sort out what you need to put in your defence.

 

What we are specifically interested in knowing is if.. they did indeed advise you that there had been an assignment and if there had been a Default Notice issued - MBNA were particularly poor at issuing default notices and not preparing them correctly.

 

MBNA seem to have offloaded quite a lot of disputed accounts as well. In at least 2 reported instances on CAG the cagger had already declared and been discharged from bankruptcy.. some 2 - 3 years prior to having Arrow Global breathing down their neck ?