Drydensfairfax - Arrow Global - MBNA - Claim Form

[Garr1972]

Hi All,

 

I have received a claim form, today, this is what I have done so far.

 

Prepared but not sent - SAR, CCA Request, CPR 31.14.

 

My Answers to your questions are shown in RED.

 

Thanks all

 

 

You have received a claim form.

 

In order for us to help you we require the following information:-

 

Name of the Claimant ?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14th April 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

1. The claim is for the sum of £8400 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account ****** upon which the defendant failed to maintain payments.

 

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

 

3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claiment who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

 

What is the value of the claim?

£8400

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt?

No

 

Is the claim for a current or credit/loan account or mobile phone account?

Credit Card

 

When did you enter into the original agreement before or after 2007?

Original agreement was 1999

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes

 

Did you receive a Default Notice from the original creditor?

Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No, I had one this year, not in 2013, not in 2012, 2011 - 2008

 

Why did you cease payments:-

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes, paid for about a year, disputed interest and charges, told them I would pay what I had borrowed but nothing else

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

 

 

Thanks for reading, look forward to your thought.

[Garr1972]

Sorry missed 2 questions :-/

 

Why did you cease payments:-

disputed interest and charges, told them I would pay what I had borrowed but nothing else

 

Was there a dispute with the original creditor that remains unresolved?

Yes, when the crash of 2007/2008 occurred MBNA increased the interest rate from 0% to 33%, when I pleaded with them to change this they said no. I was paying approximately £220 P/M and only paying approximately £20 off the debt, so I defaulted.

 

Thanks ;-)

[Garr1972]

Hi All

 

I have now registered on MCOL, acknowledged the claim, and stated that I will defend all, I have not contested jurisdiction.

 

I love this site, hopefully I have done everything right if anyone can let me know if I've missed anything that would be good.

 

Cheers

[Garr1972]

I was going to use this as the basis of my defence but with a few tweeks, any thoughts ?

 

1.This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract.

 

2. The Particulars of Claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Defendant has no recollection of receiving a notice of assignment.

 

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that the Claimant is in default of a request for a copy of the executed agreement under Section 78 of the Act of the Consumer Credit Act 1974.

 

6. The Claimant has not provided a default notice to the Defendant as claimed.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Cheers for looking

 

Garr

[Garr1972]

I have been doing some reading and it seems that if the claimant does not follow the Pre-Action Protocols it would be frowned upon and at the very least questioned on by the judge.

 

Take a look here --> http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

 

Specifically section 4.4 where it states

 

Examples of non-compliance

4.4 The court may decide that there has been a failure of compliance by a party because, for example, that party has –

(1) not provided sufficient information to enable the other party to understand the issues;

(2) not acted within a time limit set out in a relevant pre-action protocol, or, where no specific time limit applies, within a reasonable period;

(3) unreasonably refused to consider ADR (paragraph 8 in Part III of this Practice Direction and the pre-action protocols all contain similar provisions about ADR); or

(4) without good reason, not disclosed documents requested to be disclosed

Any feedback would be welcomed ;-)

Edited April 19, 2014 by citizenB
restored links

[Garr1972]

If they do not produce the CCA or other required documentation this would apply me thinks ?

[Garr1972]

Sanctions for non-compliance

4.5 The court will look at the overall effect of non-compliance on the other party when deciding whether to impose sanctions.

4.6 If, in the opinion of the court, there has been non-compliance, the sanctions which the court may impose include –

(1) staying (that is suspending) the proceedings until steps which ought to have been taken have been taken;

(2) an order that the party at fault pays the costs, or part of the costs, of the other party or parties (this may include an order under rule 27.14(2)(g) in cases allocated to the small claims track);

(3) an order that the party at fault pays those costs on an indemnity basis (rule 44.3(3) sets out the definition of the assessment of costs on an indemnity basis);

(4) if the party at fault is the claimant in whose favour an order for the payment of a sum of money is subsequently made, an order that the claimant is deprived of interest on all or part of that sum, and/or that interest is awarded at a lower rate than would otherwise have been awarded;

(5) if the party at fault is a defendant, and an order for the payment of a sum of money is subsequently made in favour of the claimant, an order that the defendant pay interest on all or part of that sum at a higher rate, not exceeding 10% above base rate, than would otherwise have been awarded.

[Garr1972]

I've found some more juicy stuff here -->

 

http://www.bailii.org/ew/cases/Misc/2011/23.html

 

This case is very apt for my particular dilemma, and I can only hope that I get this judge ;-)

 

-->http://www.bailii.org/ew/cases/Misc/2012/19.html

Edited April 19, 2014 by citizenB
restored links

[Garr1972]

Is anybody out there.............. ;-)

 

Is anybody out there.............. ;-)

Edited April 19, 2014 by citizenB

[citizenB]

Is anybody out there.............. ;-)

 

Sorry, it looks as though you have been talking to yourself for a while

 

Ok.. first things first.. your timeline is..

 

Issue date 14.04.2014 + 5 days for service = 18.04.2014 + 14 days to acknowledge = 02.05.2014 + 14 days to submit defence = 16.05.2014 (33 days from date of issue)

[citizenB]

Sorry missed 2 questions :-/

 

Why did you cease payments:-

disputed interest and charges, told them I would pay what I had borrowed but nothing else

 

Was there a dispute with the original creditor that remains unresolved?

Yes, when the crash of 2007/2008 occurred MBNA increased the interest rate from 0% to 33%, when I pleaded with them to change this they said no. I was paying approximately £220 P/M and only paying approximately £20 off the debt, so I defaulted.

 

Thanks ;-)

 

When they increased the interest rate, did they give you 30 days notice and did they give you the opportunity to refuse the increase - close the account and continue to pay off the balance at the old Zero interest rate ?

 

Do you still have the Default Notice ? - if so, can you please remove any personal information, scan it in and post it on the thread for us to look at.

[citizenB]

Both the cases you quote could be useful if they are similar to your situation.

 

Your early defence should respond to the claim only - you can expand when you need to submit your Witness statement - I will flag your thread for further advice.

 

Please be aware that we are a little thin on the ground due the Bank Holiday weekend

[citizenB]

PS.. did you send the CCA request ?

 

You could also send a CPR request for a copy of the agreement and statements showing how they have arrived at the sum they are claiming.

 

If you have the DN, then there is little point requesting it - same as the Notice of Assignment. Those are the only items you can request via CPR though.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Do you know if you have had default/penalty charges added to the debt ?

 

I have merged a couple of your posts in view of rebel's comment in the post below this one

Edited April 19, 2014 by citizenB

[rebel11]

Hi Garr1972

 

If you keep posting on your own thread, it looks like you have had lots of replies, so fellow Caggers won't visit your thread because they think you've received plenty of advice. You can use the edit facility to update your first post.

 

Have you been mis-sold PPI on any of your accounts?

 

Have a read of No.2 in my signature.

[Garr1972]

When they increased the interest rate, did they give you 30 days notice and did they give you the opportunity to refuse the increase - close the account and continue to pay off the balance at the old Zero interest rate ?

 

Do you still have the Default Notice ? - if so, can you please remove any personal information, scan it in and post it on the thread for us to look at.

 

Thanks for replying citizenB, in all honesty I can't remember and I have not kept everything they sent me, the original credit card was taken out in 1999, with a credit limit of £5000 0%APR, even though my earnings were only £15K P/A, this quickly rose to £11K over a period of 2 years. I was a good debtor as I paid every bill from 1999 to 2007,after this they got very aggressive with there charges probably due to the credit crunch and after repeatedly asking for help I defaulted in 2008.

 

I've prepared but not sent - SAR, CCA Request & CPR 31.14.

 

I was sending the SAR to MBNA and the rest to Drydensfairfax, these are ready to go on Tuesday for delivery Wednesday via 'First Class signed for'.

 

I don't have the DN, I literally have not heard off this company Drydensfairfax at all, the first I knew of their existence is when I received the claim form from the court and the same day a letter from Drydensfairfax saying they have transferred this matter to the court. ??

 

Cheers

 

Garr

 

P.S. How do I edit a post :-/

[Garr1972]

Hi rebel11,

 

Sorry got a bit excited and started talking to myself, as soon as I can work out how to edit and merge my posts I will do so.

 

I have never claimed any PPI from any bank for any credit cards, loans or current accounts, this is now my next big thing that I will get stuck in to.

Further to that I have also never claimed back any charges or penalties, late fees etc from anyone either.

 

Cheers

 

Garr

[citizenB]

Thanks for replying citizenB, in all honesty I can't remember and I have not kept everything they sent me, the original credit card was taken out in 1999, with a credit limit of £5000 0%APR, even though my earnings were only £15K P/A, this quickly rose to £11K over a period of 2 years. I was a good debtor as I paid every bill from 1999 to 2007,after this they got very aggressive with there charges probably due to the credit crunch and after repeatedly asking for help I defaulted in 2008.

 

I've prepared but not sent - SAR, CCA Request & CPR 31.14.

 

I was sending the SAR to MBNA and the rest to Drydensfairfax, these are ready to go on Tuesday for delivery Wednesday via 'First Class signed for'.

 

I don't have the DN, I literally have not heard off this company Drydensfairfax at all, the first I knew of their existence is when I received the claim form from the court and the same day a letter from Drydensfairfax saying they have transferred this matter to the court. ??

 

Cheers

 

Garr

 

P.S. How do I edit a post :-/

 

If you havent got the Default Notice, then you must ask for this in the CPR31.14. Originally it should have come from MBNA - it is a shame that you dont have the original, because they can now produce either a record that really doesnt prove they actually sent one or reconstruct one that complies with all the regulations

 

The SAR goes to MBNA (including £10.00 fee)

The CPR goes to the solicitor - No fee

The CCA request (including £1.00 fee) goes to Arrow

 

The Subject Access Request should indicate if they gave you the opportunity to close the account at that point, however from what you are saying, they very likely did not.

 

At the bottom of each post there is an "edit button" - you just click on that and amend your post. This facility is only available for 24 hours.

[Garr1972]

Thanks citizenB,

 

I've searched everywhere but cannot find the DN, I was going to get my wife to send the cheque so I don't inadvertently give them my signature, however I have seen on other posts that I need to sign the CPR does this need to be my actual signature ?

 

Do you think I should send a CPR 18 or will this be too much too soon ??

 

All replies are greatly appreciated

 

Garr

Edited April 19, 2014 by Garr1972

[citizenB]

You can sign your name over a grid as examples below.. use the change font colour button on your draft and use a slightly darker pen to sign your name. Or simply draw a couple of lines through your name once you have signed

 

XXXXXXXXXX's

XXXXXXXXXX

XXXXXXXXXX

 

or

 

your initials like so.

 

citizenBcitizenBcitizenBcitizenB

citizenBcitizenBcitizenBcitizenB

citizenBcitizenBcitizenBcitizenB

[Garr1972]

Thanks citizenB, I have done as you suggested.

 

 

I have also put everything that has happened into a spreadsheet so that it calculates days remaining etc, I have attached a pdf copy for anyone that's interested if you want me to send you an actual copy please PM me with your email.

 

If there are any glaring errors please let me know.

 

Garr

 

[ATTACH]50325[/ATTACH]

[citizenB]

That's clever

[Garr1972]

I know this makes no difference but I have found an Arrow Global Results as of August 2013.

 

It seems that they purchased a debt value of £999M for a price of £68.5M, that means they acquired my debt for 6% of the original cost which is approximately £513 ?????!!!???!??!?

 

Attachment below

[AndyOrch]

Its usually around 10p in the £1....but that's no assistance with defending the claim.... unfortunately.

 

Regards

 

Andy

[Garr1972]

Hi Andy

 

I knew that the purchase cost was low but this is amazing, what a business !!

 

I have also found out that they changed their name in 2013.

 

08200522 PDF document(19Kb) Arrow Global Guernsey Limited, Guernsey CNA 512 Arrow Global Guernsey Limited, Manchester Arrow Global Guernsey Limited, Manchester 7 August 2013

 

Would this mean that they would have a novation agreement, because if they did I definitely did not see or sign anything ??

 

Cheers

 

Garr

[AndyOrch]

All the name changes are appropriate with the nature of the debt buying industry which as you are finding out is rotten to the core...but unfortunately all legal in the UK to which the Government and Courts turn a blind eye.

 

However I digress Garr dont fall into the trap as many before you have and failed by wasting time trying to expose which is very counter productive.

The Law is not interested nor the Courts...concentrate solely on your dispute and defence and make them work for their 10p in the £1 investment.