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Arrow Global County Court Claim MBNA Card 'debt'


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Hi,

I received court papers today. The particulars of the claim are as follows.

 

Sum of 6800 (isn)

MBNA (OC) assigned (allegedly) to AG

States Notice of assignment provided (never received)

Defendant failed to make payment in accordance, Default notice served +

Costs.

 

Mid Feb I sent AG prove it letter, asking for original CCA

- full breakdown of account (interest and charges etc) and a notice of assignment.

 

Early March I received back poor quality photo copy (almost illegible) and T & Cons (reconstructed).

 

Limited statement of account (2 two lines) but No notice/deed of assignment.

 

No account number on Claim form so I have no idea what alleged account they are attempting to recover against.

 

Your good advice as to what I should do next would be most welcome.

 

Regards.

Edited by fredsed
Cant give date of agreement as no account number has been given
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http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

Can you have a read of the thread above - post the answers to the questions asked in this thread and we can then advise further :)

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4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Okay Thanks,

 

Claimant/ Arrow Global Guernsey Limited,

Date of issue/15 May 2014,

The Claimants claim is for the sum of 6800 (approx)

being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA

and assigned to the claimant.

 

Notice of the assignment has been provided to the defendant.

 

the defendant has failed to make payment in accordance with the terms of the agreement and

 

a default notice has been served pursuant to the Consumer Credit Act 1974

 

AND the claimant claims the sum of 6800 approx TOGETHER with the costs of this claim .

 

13th May 2014

 

No interest has been applied.

 

Credit card agreement.

 

Alleged agreement after 2007 (No account number has been referenced, so I am unable to clarify exact date)

 

Debt purchaser issued claim and no Notice of Assignment had been issued.

 

I have received a default notice but without the original account number I am unable to verify this.

 

I have not received any Notice of Default sums.

 

I had originally negotiated with the original creditor without success and as I had not received satisfactory evidence or

Notification of Assignment to the debt purchaser,

 

I have not entered into an agreement with them.

 

Regards

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Righto, well your timeline is as follows..

 

Issue date 15 May + 5 days for service = 19 May + 14 days to acknowledge = 01 June + 14 days to submit defence = 15 June 2014.

 

You will need to send the following CPR request to the solicitor named on the claim form. You can ask for copies of

 

1: The agreement

2: The default Notice

3: Notice of Assignment

4: Statement of account showing how the amount being claimed has accrued.

 

Amend/Edit the letter in the link below and send by Recorded delivery at the very least.

 

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

 

I doubt you will receive a copy of the Default notice as they are not obliged to keep hard copies - they can send a copy of what it might have looked like, but of course they can produce a copy that complies with the regulations and you would never know if you hadnt received the original.

 

You would need to assert positively that you never actually received one.

 

If the account was opened after 2007, this could be a bit of a problem as the Consumer Credit Act was amended after that date.

 

I will try and find someone who can help further. Meanwhile, get the CPR 31.14 request off as soon as possible.

 

 

 

 

 

.

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just a few more questions, have you been receiving statements and/or something called "Notice of Sums of Arrears" ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No I'm fairly certain I've not received anything of that nature, no statements despite my request for a full breakdown! Many thanks.

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Just been through all my paperwork, I received a two line statement with the poor quality copy of alleged agreement (no account number) and T&C's in April this year in response to my letter requesting True copy of CCA, letter of assignment and statement of account with full breakdown of charges.

 

Many Thanks again!!

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Righto, well the CPR request should, hopefully, provide you with some of the information you require.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have acknowledged service this morning and entered that I am defending the whole Claim. I haven't put in any defence as yet. I have also sent CPR letter to AG solicitor. Now wait for response. Should I enter the details of my defence or wait and see what come back from the solicitors? Thanks again.

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Fred, hold off entering a defence at the present time. YOu have until 15th June so wait and see if you receive any paperwork from the claimant.

 

Let us know around the 10th June if you have or have not received anthing and we can take it from there. Meanwhile, you might want to have a look at similar threads to see how others have handled things.

 

If you come across a defence that was provided to someone that looks similar to your situation, dont just copy and paste it.. let us know and we can see if it is suitable for your requirements or whether it needs an edit :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi,

 

I have spent a good amount of time reading a number of other threads and

 

I have a couple of questions.

 

I asked for a statement of account in the CPR request

 

should I have requested that they send me a full breakdown of all transactions relating to the account

including and interest and charges?

 

I only asked for a statement of the account.

 

Last time I requested this they sent me a two line statement.

 

Should I send an amended CPR request.

 

I'm fairly certain that the balance will have a fair number of charges.

 

Could I counter claim?

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I dont think it will serve any purpose to resend the CPR, request fred.

 

How about investing £10.00 in a Subject Access Request to the original Creditor - that will ensure you receive statements that you can check for charges etc :) You will need to send it fairly swiftly because they have 40 calendar days in which to comply.

 

If you know for sure there are a lot of charges, then you can just imply in your defence that the claim is not correct because of the charges.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No response to my CPR request from Arrow sol's! Sent SAR to to MBNA on the 27th May received and singed for on the 28th nothing back from them yet. Should I be doing any thing? Many thanks again.

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You have until the 15th June of to submit a defence - so there is still time for them to respond to your CPR request.

 

If you could let us know a little nearer the date.. say around the 12th.. then I can ask andyorch to keep an eye on you for your defence :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you. I though the DCA sols had to reply to my CPR request within a week. Bit disappointed I've not heard anything yet. I'll sit tight and see what comes in the post. Thanks Again.

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Still no response from Arrows sols re my CPR request!!! I have a couple of days free to start working my defence, it needs to be in by the 15th June. Nothing as yet from OR in relation to my SAR. Not sure how I am supposed to defend when they don't seem willing or able to provide me with the info I need. Can any one advise what I should be doing now. Thanks again.

Edited by fredsed
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I've just read this.....A creditor must give you a notice of sums in arrears, plus an arrears information sheet at intervals of six months until you are no longer in arrears, or until a judgment is made regarding the amount owed. A creditor cannot enforce an agreement during the time it fails to comply with this requirement and you would not be liable to pay interest during this time.....I've have nothing of this nature from either the OC or Arrow. Could I use this as part of my defence? Thank you.

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Just a few more questions, have you been receiving statements and/or something called "Notice of Sums of Arrears" ?

 

No I'm fairly certain I've not received anything of that nature, no statements despite my request for a full breakdown! Many thanks.

 

Already covered above.Yes we do use that within a defence anyway.

 

Andy

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Thanks Andy,

Arrow have stated in writing that they are not the creditor and yet state than MBNA have assigned them the rights. I need to submit my defence by the 15th June is anyone able to help me with this please. Thank you.

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Type Arrow in to the search bar (top right under the CAG logo) you will find other Arrow threads with numerous defences that you can edit to suit...post your draft here for checking.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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