MBNA, Restons Solicitors and Arrow Global Guernsey

[brooksby1970]

Hi,

 

Yesterday I recieved a Claim Form for a credit card dating back to 1999, it is lodged with Northampton County Court, I tend to defend fully the case and have sent in my CPR 31.14 Request with Recorded Delivery today. I have not sent any money are they likely to request anything for this request? i.e. £10

It is for a credit card balance from on or about 29/9/1999 assigned to the claimant 20/12/11 for the sum of £8467.02 and now with charges they want £8757.02

What are my chances here? If they do not come back with original signed documents and stuff, can I defend that I know nothing about this? as it was many years ago, during a split with my missus in 2007 I had a lot of debt that has never really been sorted since then.

[Bazooka Boo]

When did you last pay anything on this or acknowledge it in writing?

 

If you have never paid anything toward this or acknowledged it in writing in the last six years, then your defence will be that it is time barred, or statute barred.

[brooksby1970]

I had about 8 debtors back in the day and I vaguely remember having token payments in place for a couple of years upto about 2010, but that wasnt to these cowboys, it was probably direct to MBNA, so unless they have sent that info to Restons then no payments since about 2008. I dont think time limitations have kicked in yet, but to be honest I have not kept any documentation at all for any of my old debt and just ignored any attempts for these to contact me.

[Bazooka Boo]

Then I would check your credit files first and foremost, see what, if anything, is on there.

You can use the 30 day free trial period Experian do if you've not used it before, just ensure you cancel it well within the 30 day trial period before they start

hemorrhaging your account.

[brooksby1970]

Will do thanks.

[fletch70]

Hi

So you have sent a CPR request off, I assume for what was detailed in the POC?

 

I think you need to send a separate CCA request off along with the £1 fee to Arrow Global Guernsey. I would also copy it to Restons.

 

Maybe you could type up exactly what the POC's are as a CPR31.14 request can only ask to see documents detailed within the POC such as the DOA etc

[brooksby1970]

Hmm, I sent it to Restons recorded delivery, I will send another to Arrow Global so they can both fight over it. Do I need to send one to MNBA at all because it looks like they sold it all off?

 

ALso, I have since read that you should not sign it, but I did, I will use a font version going forward.

[brooksby1970]

Update,

 

I have a copy of the CPR for Arrow and a CCA to post, with £1 and a copy of the CCA to restons with no dosh?

[brooksby1970]

Still need to know if I should send anything to MNBA?

[fletch70]

As far as the claim is concerned MBNA have nothing to do with it now So no you do not need to send them anything

[brooksby1970]

OK, thanks, thought that but your reply offers reassurance.

[fletch70]

As for the signature, well it happens.

[brooksby1970]

Update!

 

Just submitted the following as my defence. Got no response from my requests.

 

 

 

I deny any indebtedness to the claimant.

 

I put forward that this claim is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

 

Also, I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim. Until I receive these documents I am unsure as to exactly what the claimant's claim is for and am finding it difficult to file a full and complete defence under the circumstances.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of fourteen (14) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

 

 

Thanks for the help so far!