Arrows/restons Claimform MBNA card 'debt'

[Googley2]

I have just received a court claim form from MBNA credit card sold to Arrow Global who passed to Restons Solicitors.

 

The particulars of claim are:

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on 17/06/2004 and assigned to the Claimant on 20/12/2011 in the sum of £4,768.10 plus costs of £165 = new total of £4933.10

 

I cant work and cant pay as a single disabled mother. Can anyone please tell me how to go about defending the reply to the court and what action I must take??

 

I was making a monthly payment of £25 but just cant do it any more, last payment was in 2013.

 

Thank You.

[Guest]

hi

is there any more to their particulars?

edit to round off the amounts.

stick to court deadlines. if you are defending acknowledge service with intention to defend in time.

if defending;

could consider doing an initial request for the docs that they rely on. see the sticky thread.

did you get a default notice (if applicable)? notice of assignment?

any poss missold ppi?

have you previously done a cca request?

[citizenB]

Can you let us know the date of issue please ? You will find this at the top right hand corner of the claim form.

 

If you are going to enter a defence then your timeline will be...

 

Date of issue - Plus 5 days for service = XX/XX/XX - Plus 14 days to acknowledge the claim = XX/XX/XXX - Plus 14 days to submit a defence = XX/XX/XX

 

On what basis would you be defending the claim ?

 

If you have not made a CCA request previously, then you should do that now. There is a draft letter in the CAG library, highlighted in green at top left hand corner of the screen. You will need to enclose £1.00 for the statutory fee. This needs to go, I think to Arrow Global.

 

Their Particulars of claim are really quite vague if what you have typed above is all they have put on the form !

 

Did you receive from MBNA, a default notice and termination notice.

 

It would appear you must have received the Notice of Assignment as you didnt cease payments until 2013 which was 2 years after Arrow Global took possession.

 

Did you communicate your financial difficulties in making the repayments to AG ?

[Googley2]

is there any more to their particulars?

No thats all that has been sent plus no attachments.

 

Yes defendingif defending;

 

could consider doing an initial request for the docs that they rely on. see the sticky thread.

 

There are lots of stickies, which one do I use please?did you get a default notice (if applicable)? notice of assignment?

 

I got a letter saying MBNA was passing to Arrow.any poss missold ppi?

 

Its an old account so not sure?have you previously done a cca request?

 

Probably but its in storage so may have to find it or get another one.Is is possible to ask Restons to provide a breakdown of the amount claimed so I can see how much charges and interest there is on it?

[Guest]

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage%281-Viewing%29-nbsp

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here%281-Viewing%29-nbsp

yours is likely small claims, so bear that in mind.

 

if no compliant default notice (if applicable) then there should be no enforcement. one poss ground re defence. in your defence get them to prove that one was sent, and if deemed so that it was a compliant one.

check whether have done a cca request as if no compliance on that then there should be no court enforcement. otherwise, for a quid, could send another one. as is a new owner maybe an idea to send one anyway to the current claimant. should get a statement of account with that, so could ask with request for a breakdown of their claim?

when was the original date of the mbna cred card in issue?

a written notice of assignment (sale of the matter to someone else) is required.

have you previously done a sar on this? if so, could do one to the original creditor, mbna? 40 days for them to comply though.

[Googley2]

Things have moved on and there is now a court hearing next Thursday week.

Can anyone please read this letter and see if there is anything else I should do or prepare for in court?

Thank you

 

XXXXXX[Z1]

 

MY DETAILS

 

30 July 2014

 

Arrow Globaland CASE NUMBER XXXXXXXXXX

PO Box 5469County Court at XXXXXXXXXXX

ManchesterXXXXXXXXXX Justice Centre

M61 0LW

 

FAO: XXXXXXXXXXX

 

Dear Sirs/Madam

 

Your ref: XXXXXXXXXXXXXand XXXXXXXXXXXXXXX

 

I refer to the Claimants letter dated 27-07-14 which I have only just received on 30-07-14 and the enclosed Witness Statements of ……………………..I apologise if I make any errors but this is created in a rush.

 

I make the following comments on the above:

 

Para 3

The term “true copy of the agreement terms and conditions” cannot be true.The original should have been copied which has not happened..I have never seen the enclosed terms and conditions which are supplied and there is nothing on them to say that they belong to the relevant account.

 

The signature form on 2nd page of Exhibit 1 is unreadable and the date is not clear when it was signed (Ref.: LA-04-04-6144-AB and 31YF7HQ4/AAHE/GB/1CK/2/15.9%).The 3rd page of Exhibit 1 (which I assume is supposed to be the back of the form) contains a complete different reference number

 

The other Signature Form provided on the third page is not signed and contains a completely different reference number.

 

The marker pen which has been put on both barcodes of the above show two different styles, obviously these are not the same documents as otherwise the marker pen would be the same.

 

I have never received any terms and conditions on an A4 sheet, any terms and conditionsthat existed in 2004 were always in tiny print and in columns.There is no reference on the Terms and Conditions to show that they belonged to me or that I agreed with them.Again these are general ones the Claimant must use for anybody.

 

Page 2 of 4

 

XXXXXXXXXXX

 

Para 8

Restons were sent a copy of a Court Order dated in February 2012 which freezes all my assets and income/expenditures that I may have has to be declared to the CPS until POCA proceedings are completed (may take up to 5 years).I was not able to pay anymore as firstly it was my husbands debt not mine and secondly my solicitor said I had to show my creditors the court order.All legal firms were sent the Court Order and then returned the case to whoever had it at the time.Arrow are just trying to hide the fact I have provided them with the Court Order via Reestons which was the reason the claim was returned to them.

 

Para 9

I am disabled and have some mental issues.After my husbands arrest I did not realise that money was still being taken from my account for his debt as he used to give me cash for it every month.

 

Para 10

I had no-one in my house for many months.All I can say is that I can find no record of the transfer of the debt that I acknowledge.See para. 9 comments above regarding payments.

 

Para 11

The reality was these payments were stopped when I had no money for food and had to get a friend to check through my bank statements and see where my money was going.

 

Fredricksons were completely informed of all details why payments had stopped and details of the court order freezing all my assets and finances.This was the reason why the file was transferred to another company.Obviously debt companies were not passing on the full information to the debt purchasing firms as no-one would be interested in buying it.

 

Para 12

The balance shown on first transfer of the debt may have been £5,453.10 but this also consists of high interest charges and bounced payment charges which we much higher than what should have been applied.No-one has provided a statement showing how the £5,453.10 has been built-up.I do not have any paperwork showing the debt myself.

 

Last 6 Pages Exhibit One

I am amazed that the Claimant has falsely used the Credit Card Agreement from another credit card I obtained at a much later date. This is very easily to prove due to:

 

The original agreement was in my maiden name – this is in my married name

 

1. These contain my address from 2007 onward, in 2004 when the card was issued I was at a completely different address which is shown at the beginning of Exhibit One.

   
   

2. The interest rate on the original Signature Form just about shows 15.9%, the latest interest rate on the last pages quotes 28-29% obviously from a much later date than 2004.

   
   These also contain no signature or reference number relating to me
    
   Page 1 of Exhibit 2
   3rd line from bottom – entry reads S78 sent to Recon as credit agreement illegible Copy T&C sent - I believe this confirms that the Claimant themselves have “reconstructed” the terms and conditions of any agreement that may have been in place. It is well known that this is a practice that often takes place but is not actually the real agreement that was signed.
    
    
   Page 3 of 4
   xxxxxxxxxxxx
    
   Page 4 of Exhibit 2
   Although I don’t clearly understand all the computer print-out it seems to relate to two different card number xxxxxxxxxxx92 and xxxxxxxxxx94 without any reason why. I don’t understand this and why no explainations has been given.
    
   Also there appears the number xxxxxxxxxxxxxxxxx07 is also shown without any explanation.
    
   Page marked “16” of Exhibit 2
   7th line – right hand side. This shows that the details of my husband were added to the account. I don’t know why they are there or what it means?
    
   I cannot understand what most of this print-out is supposed to mean as you would need company training to understand it.
    
   Page marked “18” of Exhibit 2
   The dates on this computer print-out seem to be all over the place and it makes its impossible to follow.
    
   Exhibit 3 – Notice of Assignment
   I have not seen this before and was not living at the address quoted at that time.
    
   Exhibit 4
   I don’t understand this – it says £25 was paid by direct debit but minimum payment was supposed to be £1,074.10
    
   Exhibit 5
   This shows a different form of payments made. Since the account has had problems for some time I am surprised to see that on
    
   24-06-13 Balance 4768.10
   21-01-14 4848.10 – Court Issue – Reestons 21-01-14
   23-01-14 4933.10 – Issue Fees – Reestons 23-01-14
    
   As Reestons were again advised of the Freezing Order they cancelled all action and returned the file. Why am I then being charged their fees especially without any proof of expenditure?
    
   Page 2 of Exhibit 1, Paragraph 6.
   This shows an amount being claimed by the claimant as £5,338.10. This amount does not equate to any amount shown on this page.
    
   Also the Claimant states the last payment was made in 2011 yet this sheet says that the last payment was made in 2013.

   
   

Page 3 of 4

 

I am sure the court staff will have much more intelligence than me but I still cannot understand how all of this has been put together and why so much of the information is conflicting.

 

In brief, my finances and assets are all under a restraint order which has already been provided to the court and Claimant.If you need another copy please let me know.

 

I am also disabled and a single mother with a 8 year old daughter.

 

I therefore ask the Court not to make a judgement in favour of the Claimant as

 

1) there has been too much documentation provided that just does not make sense;

 

2) no genuine copy of the signature or terms and conditions has been provided;

 

3) even if the court disagrees then the Restrain Order does not allow for any debts to be paid.

 

I am sorry this is so long but it is difficult for me to explain everything as I get so confused and all this paperwork makes it all so complicated for me.

 

I would also ask that the court request the Claimant to clear my credit record should it decide in my favour.

 

Should the court not decide in my favour than I request time to speak to my solicitor to see what sort of payment plan can be put in place if needed.There is absolutely no way that I can get hold of this kind of money under a Restraint Order.

 

Thank you for your assistance

 

Yours sincerely

 

xxxxxxxxxxxxx

 

[Z1]Y

[citizenB]

I will ask someone with more legal knowledge to look in on you.

[Googley2]

Thank You the stress of the whole situation is making me so ill its unbelievable.

[AndyOrch]

if you could update your thread of events/submissions/defence etc from January (your last posts) up until August Googly to enable a little insight.

[Googley2]

truthfully just a few chasing letter and legal companies just passing the file from one to another, I was getting letters from 3 of them at one time and couldn't cope with it so I just ignored it until sent a court claim. This was then returned to the company when they knew about the restraint order and now the company is trying to get the court to issue a CCJ.

 

 

 

 

if you could update your thread of events/submissions/defence etc from January (your last posts) up until August Googly to enable a little insight.

[AndyOrch]

From the court claim onwards please Googley.......what defence did you submit...how did they respond....details of DQs......Notice of Allocation...Claimants Witness Statement......All the information you should have posted from receiving the claim in January.

 

Its difficult to advise when we don't know what has transpired since you submitted a defence.

[Googley2]

I just said I was unable to pay due to the Restrain Order.

I have not provided them with any documents as MBNA didn't provide me with a copy of their papers until last week upon which I sent the letter that I have posted.

Strangely MBNA still kept collecting the direct debit payments for the debt AFTER they had sold it on.

 

 

My defence was that I had not received copies of the agreement when taking the card out, no breakdown of how they got that total and I had

also not received their notices of assignments and that the debt was actually my husbands and he is listed on their computer files on the card.

There are no witness statements on either side apart from a person from Reestons who just used so called file info.

Edited August 4, 2014 by Googley2
updated

[Alloyz1]

Hi Googley

 

It is vitally important for anyone to offer you help that you do as asked and not summarise. I appreciate it is quicker to summarise but all the information is crucial.

 

Have a look at Andyorch post #11 and give him the information as full and concise as possible:-

 

Defense submitted by you (written word for word)

 

Did the claimant respond

 

What was filled in on the Directions Questionnaire

 

What did the Notice of Allocations state

 

What does the claimants Witness Statement say

 

Thanks

 

A