Jump to content


Arrow/Wilkin - Claim Form 2001 MBNA card 'debt'


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1277 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Everyone,

I've been trawling through posts to see how I tackle my problem.

I'll give the background of the debt followed by the steps I think i need to take,

if i've understood things correctly,

I would be very grateful for confirmation and any advice,

as I'm really terrified of the consequences.

 

Original agreement:-

mbna credit card taken out in July 2001.

Managed comfortably for nine years,

career change put me in big trouble, couldn't pay.

Tried to amicably arrange agreement with

Default date May 2010.

Assigned to Arrow Jan 2012.

 

Today claim form arrived from Northampton court.

 

Claimant:- Arrow Global Guernsey Ltd.

Date of Issue:- 12th August 2014.

 

POC:-

 

The Claimants claim is for £18k being monies due from the defendant to the claimant

in respect of a regulated credit card agreement between the defendant and Mbna (No. ................)

and assigned to the claimant on ../../2011,

notice of which has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the agreement

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

 

The claimant claims the sum of £18k

 

The claimant has not included interest.

 

Arrow are the debt purchaser and claimant.

 

I did receive a notice of assignment from Arrow.

 

A default notice from Mbna was issued in june 2010 (the only one, no subsequent statutory default notices).

 

There were no real disputes with Mbna.

The interest rate on this card hovered around 5% mark for several years as I remember,

with a sudden progressive rise up to around 40% in a relatively short period.

 

The PPI was a % of monthly amount outstanding.

 

I made a call at the time when I was keeping up regular payments, to get this stopped because it was so expensive, and was fobbed off.

 

As I understand matters I need to do the following:-

 

1) Send SAR off to Mbna with £10 P.O.

 

2) Send CCA to Arrow with £1 P.O.

 

3) Send CPR 31.14 to Wilkin Chapman Solicitors (Arrow's Solicitors).

 

4) Respond to the court claim.

 

Any advice would be more than welcome here

and in particular with relation to the response to the court.

Many thanks.

Edited by judy teen
Link to post
Share on other sites

ok well done you've just about covered the lot

 

just don't forget to ack the claim - defend all.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • 2 weeks later...

Hi All,

 

Continuing on from the above I have received the following replies.

 

 

Any advice would be greatly appreciated.

 

Mbna SAR. They say they are unable to match my details and I need to write again confirming my date of birth. Is this ok for me to provide to them?

 

 

Wilkin Chapman. They confirm they will request copies of agreement, assignment and default notice as per my request.

This may take six weeks and they agree to an extension of 14 days from the date they serve me these documents to file my defence.

 

 

Arrow Global. They acknowledge receipt of my request for documents under CCA 1974.

They state that they do not believe they are the creditor as envisaged by that statute,

but will assist in obtaining the documents requested.

They also confirm that all collection activity will be suspended pending provision of those documents.

 

What do I read into these replies and is there any action I need to take at this stage? What is most likely to happen next?

 

I would really appreciate your advice.

Link to post
Share on other sites

A Subject Access Request must have sufficient identification data for the creditor to be absolutely sure that the person making the request is "the Data Subject" it's fine to give them the data requested, also a SAR should always be signed.

 

 

Otherwise just wait for the information you have requested.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

you have ack'd the claim yes?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks Mike.

 

Hi Dx, yep i acknowledged claim the day you advised me to, on the 15th Aug.

Many thanks for that.

 

Last friday I got the new SAR off to MBNA and am just awaiting further replies.

Many thanks again for everyone's advice to date.

Link to post
Share on other sites
  • 2 weeks later...

Hi Everyone,

 

Trying to remain calm over this until realising that my defence needs to be placed before 4pm tomorrow. Date wise, its not due until sunday but noticed somewhere here that weekends don't count. I've been researching all week and there is so much information, at times maybe too much, to not be confused at times.

 

Here is my attempt at a defence based largely on one of Andy's, with one or two very small additions / changes. I would be extremely grateful if someone could have a quick read and give me the nod as to whether to submit this or not. It comes to approx 2500 characters, which i'm guessing from stuff i've read, means I can submit this online. Again I would be extremely grateful if someone could confirm this for me. Many thanks.

 

PARTICULARS OF CLAIM

 

Claimant/ Arrow Global Guernsey Limited,

Claim No: ********

Date of issue/ ** ***** 2014,

 

1.The Claimants claim is for the sum of ***** being monies due from the defendant to the claimant in respect of a regulated credit card agreement between the defendant and MBNA (No. ……………) and assigned to the claimant on **/**/**.

 

2. Notice of the assignment has been provided to the defendant. The defendant has failed to make payment in accordance with the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

The claimant claims the sum of *****.

 

DEFENCE

 

Paragraph 1 is denied. The defendant has no knowledge of any dealings of any nature with the claimant. The Claimant has not provided the defendant with a copy of any Agreement, Notice of Assignment or any Annual Statement or Notice of Sums in Arrears of account detailing how the amount claimed has been calculated, or allegedly owed.

 

Paragraph 2 is denied. The claimant has failed to serve a Notice of Assignment accordance with s136 Law of Property act 1925 and therefore yet to prove they are entitled to bring this claim.

It is denied that I have been served with a Default Notice pursuant to the Consumer Credit Act 1974. It is denied that the claimant has requested any payment and therefore denied that I have failed to make any payments in accordance with any Terms and conditions.

 

Furthermore on the **/**/**, I requested copies of the documents referred to in the claimant’s particulars of claim by way of a Civil Procedure Request 31. PD 14. The claimant has yet to provide these stating that “it may take up to six weeks to obtain documents from originating creditor”.

 

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

 

Therefore the Claimant is put to strict proof to:

 

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

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

© show evidence of Annual Statements and Notices of Sums in Arrears since assignment;

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

 

On the alternative, if 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.

 

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.

Link to post
Share on other sites

Your defence is actually due on Saturday 14th Judy...so wise to submit it tomorrow.You can submit on a weekend If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response.

 

With regards to character allowance its 1080.(you dont submit the particulars)

 

Nice defence btw :wink:

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 3 weeks later...

Hi Everyone,

Just to bring everything up to date.

 

* Defence was on time, courts have written stating copy has been served on claimant who has 28 days to proceed.

* I have received data back from MBNA following my SAR request.

* Arrow have written stating they do not accept they are are the creditor under the consumer credit act but will assist in obtaining requested documentation from originating creditor.

* Wilkin Chapman are yet to forward me copies of the documents they rely on in their POC.

 

Is there anything I need to be doing at the moment in relation to the data received from the MBNA SAR, or letters I should be writing in response to the lack of action from Arrow and Wilkin Chapman?

 

Any advice would be greatly appreciated.

Link to post
Share on other sites

Absolutely nothing for you to do judy...ball is in their court now.

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 3 years later...

Hi All,

Further to the above from 3 years ago,

 

the defence I put in based on the brilliant advice I received on here seemed to stop everything in its tracks.

 

Since then,

every month or so i've been checking into the MCOL site to see if anything has been progressed by the other side.

 

There hasn't been any movement or change,..

 

.however I logged in to the site today and all trace of the claim seems to have disappeared.

 

Can anyone advise me why this might be,

 

what it means and if there is anything I should be preparing for which may be imminent?

 

I thank you in advance for any advice.

Many thanks.

Link to post
Share on other sites

well there wouldn't have been any changes on mcol anyway judy teen.. [urm recognise that song title...]

 

if anything were to happen it would be via a written notification from the COURT

 

could just be MCOL having its early w/end fit it has.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks DX, just wondered why all trace of it had disappeared, or if they get quashed after a certain time period.

 

I used to be able to go in and look at all the details, my defence etc, and what stage it had last got up to.

 

Yep "Judy Teen", Steve Harley and Cockney Rebel, still the best live band out there after 40 years.

 

Many thanks DX

Edited by judy teen
Link to post
Share on other sites

well no they are not quashed no.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Given the defence was submitted over 3 years ago..it may be possible that they have archived the stayed claim...but keep checking and update us if it does return to MCOL.

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...