Arrow Global County Court Claim MBNA Card 'debt'

[fredsed]

Many Thanks, I didn't realise I could check my credit file to see who owned a dept.

 

I'll scan all the documents later as per your post. Thank you.

 

Not sure if there is any PPI but there will be a good number of charges.

 

The SAR should tell me more.

 

What I really don't understand is if AG have been assigned the rights why are they not prepared to give me the information I asked for?

 

Surely they must have this documentation to hand!

 

Who should I use to check my credit report?

[dx100uk]

all the CRA providers listed below are free for 30days [you must CANCEL though]

 

noddle is free forever.

 

as for AG

 

welcome to the great wide world of the fleecing DCA's.

 

dx

[fredsed]

Thanks DX I'll do that ASAP

[fredsed]

I'll get the assignment letter off today. No Ive not moved. My last payment was in Nov 2011.

AG say the OB is approx £5850. CCA and T&C'c attached! Thank You.

[fredsed]

Could someone check the documents in my previous post please. Many thanks.

[BRIGADIER2JCS]

Could someone check the documents in my previous post please. Many thanks.

Am I right in thinking this is supposed to be a "reconstituted " agreement?

Please check the following points which Must be included in a recon.

1. Your name and address at the inception of the agreement.

2. The creditors name and address at inception.

3. The Ts & Cs current at the inception

4. The Ts & Cs at closure of the account.

5. Any " material" changes to the T&Cs during its life.

6. Any other documents mentioned in the Ts & Cs.

7. A current statement of the account.

 

 

NB. A recon does not need to have signatures.

 

 

A recon May satisfy a sections 77-79 request made under CCA 1974 (as amended) But enforceability will be for a judge to decide.

[fredsed]

Thank You Brigadier (great name!).

 

AG sent this in response to my 77-79 request along with a two line statement.

 

No assignment letter or other supporting documentation as requested by me.

 

The 1st document seems to be a photo copy of what AG are calling and I quote 'A copy of the Agreement'.

 

As the rest of the documents are T&C's and what is referred to in the text of the document

as an application, so I'm assuming is't a re construction.

 

This account is an old Virgin Credit Card, MBNA's and my address are on both the 1st document along with the date.

 

I'm not sure what you mean by 'material changes' bit if you mean any changes to the T&C's

then no there is nothing of that nature.

 

I have not been receiving regular statement or notice of arrears.

I have no other documents.

Note sure if I should have anything else.

 

Thank you.

[BRIGADIER2JCS]

Thank You Brigadier (great name!). AG sent this in response to my 77-79 request along with a two line statement. No assignment letter or other supporting documentation as requested by me. The 1st document seems to be a photo copy of what AG are calling and I quote 'A copy of the Agreement'. As the rest of the documents are T&C's and what is referred to in the text of the document as an application, so I'm assuming is't a re construction. This account is an old Virgin Credit Card, MBNA's and my address are on both the 1st document along with the date. I'm not sure what you mean by 'material changes' bit if you mean any changes to the T&C's then no there is nothing of that nature. I have not been recieving regular statement or notice of arrears. I have no other documents. Note sure if I should have anything else. Thank you.

A CCA request is specific and you cannot request anything more, NOAs, DNs and any other documents would have to be requested via a Subject Access Request under DPA 1998 to the original creditor.

 

 

Two sets of Ts & Cs ? Does the name of the creditor appear on the documents.

[fredsed]

It seems that they have sent me a copy of an internet application and T&C's that they say apply and a Credit Card agreement. I have sent an SAR request to OC.

[fredsed]

I received the SAR back from NBNA today and

 

I' m now more confused that EVER!

 

No copy's of any letters no T&C nothing.

 

A computer print out of transactions and notes of telephone conversations.

 

A covering letter stating and I quote

' Only copies of bespoke correspondence personal to you will be included in this pack.

Automated or system generated correspondence will not be included

because it is not retained in the form of personal data'

 

Can any one confirm if this is correct?

I can't believe that a Termination Notice or a Default Notice is not bespoke!

 

Surely my name address and relevant dates would make bespoke!

 

Although my other account is mentioned there's no statement or any documentation.

 

I'm really disappointed I though they'd be reams of stuff and I'd be up all night going through it!!

[dx100uk]

theres no requirement for them to hold

copies of DN nor TN

 

though the comms/account log MUST indicate they were sent.

 

dx

[BRIGADIER2JCS]

I received the SAR back from NBNA today and

 

I' m now more confused that EVER!

 

No copy's of any letters no T&C nothing.

 

A computer print out of transactions and notes of telephone conversations.

 

A covering letter stating and I quote

' Only copies of bespoke correspondence personal to you will be included in this pack.

Automated or system generated correspondence will not be included

because it is not retained in the form of personal data'

 

Can any one confirm if this is correct?

I can't believe that a Termination Notice or a Default Notice is not bespoke!

 

Surely my name address and relevant dates would make bespoke!

 

Although my other account is mentioned there's no statement or any documentation.

 

I'm really disappointed I though they'd be reams of stuff and I'd be up all night going through it!!

 

 

 

 

 

The notices are indeed generic and not routinely archived as hard copy.

A creditor just notes on the customer records that such a notice was sent on a specific and will rely on that fact.

The Ts& Cs would be normal supplied as part of a CCA request, there is no obligation for a creditor to supply an agreement with the SAR.

[fredsed]

Thank you for the reply. Should I send a SAR to Virgin Finance to see what that throws up? I can't see how MBNA can not have any documents relating to any Virgin/MBNA account. If not where did AG get the CCA from?

[dx100uk]

is the 40 days up?

[fredsed]

No

[BRIGADIER2JCS]

No

CCAs do not form part of a SAR sect.77-9 CCA 1974 (as amended) deals with this.

 

 

If the 40days have not expired then more data may be coming, often a problem with " franchised" cards.

[fredsed]

Thanks, I'll wait and see what turns up!

[fredsed]

Hi,

 

I have not heard anything from AG's sol's! it't been 30 days + since my defence was received. Should I be doing anything now?

 

Many Thanks.

[shamrocker]

You'll probably hear something from the court at some point - then the next stage begins.

[AndyOrch]

Hi,

 

I have not heard anything from AG's sol's! it't been 30 days + since my defence was received. Should I be doing anything now?

 

Many Thanks.

 

The garden if its sunny:wink:

[fredsed]

Ha ha very funny.. I actually did do a bit in the garden this morning!!! ..however doesn't the claimant have 28 days before the claim becomes 'Stayed' whatever that means..

 

Thanks.

[AndyOrch]

Yes 28 days to respond to your defence then the claim is automatically stayed...stayed means parked....rests....pauses....only the claimant can make the next part of the process happen...which would be to allocation and transfer of the claim to your local county court.

 

So until they decide....find some more jobs around the house.

[fredsed]

Thanks Andy, I'll get back to the gardening then

[fredsed]

Still no response from Arrow to my defence (submitted mid June). Is there a time limit to this and is there anything I should or could be doing to move this forward? Does it normally take this long for claimants to respond? Not heard anything from Arrow despite my request (see earlier posts). As always your good advice would be much appreciated. Happy New Year!

[AndyOrch]

Nope...its the claimants next move (if they ever wish to proceed)

 

Happy New Year Fred.

 

Andy