Arrow Global (MBNA ) - Drydens Fairfax - Threatening court action

[AFoolAndHisLackOfMoney]

Hi Guys,

 

Had an MBNA credit card which was in default and I was making reduced payments. They ignored requests for a full and final and then sold my debt on to arrow who apparently assigned this to Wescott.

 

I cancelled my payments to MBNA, received a letter from Wescots asking for full payment to which I didnt repply (on 21 Jan), received further letter from them on 8th March stating they understood I was making payments to MBNA (I no longer was) but to contact them to make it part of an agreed payment plan). I did not respond.

 

I heard nothing further from Wescott and have today out of the blue received the following letter from Drydens fairfax directly on behalf of Arrow (I assume Wescots have handed back) which doesnt even contain any account details).

 

Your advice on how to stop court action and next steps to deal with this would be greatly appreciated. I have never communicated with Arrow Wescot or Dryden Fairfax with regard to this debt

 

Thank you[ATTACH=CONFIG]44952[/ATTACH]

[Desperate Daniella]

Hi there,

 

I don't know all the facts about MBNA cards, but did you ever apply for a copy of the Agreement?

 

DD

[AFoolAndHisLackOfMoney]

Hi,

 

I havent done this yet. Is this something i need to do with arrow or am i better responding to drydensfairfax saying i do not acknowledge this debt and sending standard demand for credit agreement and prrof or ownership? My immediate concern is obviously preventing any potential court action.

[Desperate Daniella]

When you made the full and final settlement offer you were acknowledging the debt, but never mind, say that you don't acknowledge it to Drydens.

 

Then say that they have provided no details of this alleged debt in their letter and you wish to receive a copy of the alleged credit agreement and proof of ownership.

 

They shouldn't commence court action if you have answered their letter and made a perfectly reasonable request for information. They may do, but there is nothing else you can do at the moment other than send the letter and they will know that if they do commence court proceedings they'll have to produce it anyway.

 

Make sure you send it recorded/signed for.

[Desperate Daniella]

As you won't be able to check that it's been signed for until after 3rd July, you should email the letter as well.

[AFoolAndHisLackOfMoney]

Hi,

 

Ive email and sent letter deny all knowledge of any debt - they havent even provided any account details - so its up to them to go prove it as far as im concerned - Ill post back once I have a response

[AFoolAndHisLackOfMoney]

[ATTACH=CONFIG]46155[/ATTACH]

 

I've now received the attached from them (ive not scanned t+cs and statement) if required let me know.

Its a reconstituted agreement - with ticks rather than signatures (not sure if i applied online or not) and is dated December 2005.

 

Where do I stand on this? From what I can see online if its before 2007 then a reconstitued agreement is not enough for a court to enforce? Is this correct? Does it still apply if it was an online application.

 

Anyone who can advise on legal standing of agreement and next steps??

 

Many Thanks

[Desperate Daniella]

I'm not certain about this because I don't know if it was online or not. If it was online then the tick may be sufficient.

 

You need someone with MBNA experience to help here.

 

Hit the triangle and ask the site team to change your thread title to something like: Urgent Help - MBNA - DrydensFairfax

 

That should get some MBNA experts to your thread.

 

DD

[citizenB]

Ok, you say the agreement was entered into in 2005 - I believe the electronic signature came into being in 2004 - so if it was indeed an only application a tick should suffice.

 

Although I am sure they were still required to provide you with a hard copy.

 

I am not sure whether or not you would need to ask them for the IP address from where the application came from and would have thought that information was available to them as further proof of your liability and that you did actually apply online.

 

I will amend your title in order to attract more input for you.

[AFoolAndHisLackOfMoney]

Thank you. Without an ip address or a hard copy signature I dont know how they can prove whether it was me, my ex wife or someone who simply knew sufficient details about me.

 

However its not my view that matters obviously its the view that courts would take so advice from the experts in this field would be greatly appreciated!

[AFoolAndHisLackOfMoney]

Anyone with any MBNA/Dryden's experience?

[citizenB]

Anyone with any MBNA/Dryden's experience?

 

If you do a search using the advanced search facility at the top right of the screen, you will probably find lots of caggers have come up against the MBNA/Drydens team.

 

What exactly are you looking for ?

[AFoolAndHisLackOfMoney]

Hi,

 

In short, whether this 2005 agreement attached above is valid if it relates to an online agreement (I can only assume the way it has ticks rather than signatures that it was online though I know this is a reconstitued agreement). I have tried searching but cant find the specific details

 

Thanks

[Desperate Daniella]

I'll have a look around for you tomorrow. Hold on.

[renegadeimp]

I thought before 2007 even if you ticked it online, they would still send you out a physical copy to sign. I know in 2004, jan 2006 and dec 2006 they did for me. MBNA/Cap 1 and egg.

[AFoolAndHisLackOfMoney]

I would have thought so. I also thought that for an agreement before 2007 they had to provide a signed copy. But hopefully someone with more experience than me can advise the judges likely view on this.

[BRIGADIER2JCS]

As a recon to satisfy a sections 77/78 request under CCA 1974, if it has all ts and cs yes it is compliant, an original agreement or true signed copy would be required prior to April 2007.

 

Should a claim be brought relying on this document it would be for a judge to decided if on the balance a probabilities the liability subsists and the debt is payable.

[AFoolAndHisLackOfMoney]

Ok so guess i need to so some digging to try and find other cases where a reconstituted document has been used for the claim. Thanks

[BRIGADIER2JCS]

I Have seen recons with clear evidence of usage of the credit facility and payments made to the account accepted by a court.

[Ricardino]

I Have seen recons with clear evidence of usage of the credit facility and payments made to the account accepted by a court.

Yes That's correct, many judges will accept reconstituted agreements if there is clear evidence of use such as statements etc.

I've even had an incorrect copy (wrong % minimum payment) argued as de minimus by their brief and cos it was a summary judgement hearing they had an opportunity to change the

document before trial. From experience MBNA don't back down easily...