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Arrow Global/Wilkin Chapman/MBNA- claimform


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Hi all

 

I have recently had the delightful Scotcall get in touch with me about a former MBNA debt of 5K+

 

Some time ago I got a letter from MBNA stating they could not locate a credit agreement so would not be pursuing the debt.

It was then sold to Aegis who backed off and now some years later Scotcall.

After requesting a credit agreement they have sent a photocopy of an agreement signed in a supermarket- not an agreement as I would define one.

 

Any ideas on where I should go with this??

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Hi,

When you say 'some years/ how many exactly?

 

Snotcrawl are doorsteppers so be sure to have yours nice and shiny for when they come to collect it!! :lol:

 

One CCA request was all that was required, and if MBNA had already stated they couldn't locate one, I would have left it at that less for lodging formal complaints to the OFT&TS regarding the sale of a lemon debt when they knew it was unenforceable.

 

Unless the agreement was signed in a supermarket in the last 5 years IMO I would be leaving well alone.

Can you scan and post up the photocopy they sent?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the reply- I will scan and post the application form later tonight.

I don't have the exact date to hand as I am out of the house but it certainly wasn't in the past 5 years.

As for them being 'Doorsteppers'- if they fancy a trespass complaint then bring it!

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As for them being 'Doorsteppers'- if they fancy a trespass complaint then bring it!

 

Could well be very near SB then, if not already?

The fact these jokers have it speaks volumes, your almost at the bottom of the barrel! :thumb:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Could well be very near SB then, if not already?

The fact these jokers have it speaks volumes,your almost at the bottom of the barrel!][/b] :thumb:

 

This is true, I normally ignore them.

 

Talk of the devil, I have an old (signed 15 years ago) MBNA which will be SB in 3 mounths, so I am expecting a flurry of activity. As however I have it in writing they haven't got a clue wherethe agreement is and cannot even confirm what type it was, they can take a hike

 

David

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Thanks guys- just had a look at it and its from 2004.

Funnily enough- their 'copy' seems to have some T&C's on the back- which the copy from MBNA didn't.......:jaw:

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Thanks guys- just had a look at it and its from 2004.

Funnily enough- their 'copy' seems to have some T&C's on the back- which the copy from MBNA didn't.......:jaw:

 

Errr, could be the cut and paste dept has been at it again.

 

 

Mbna have been known to try this with some fairly ridiculous off centre, out of line reconstructs

that clearly could not have come from an from a standard offset printed document which is what they are.

 

 

Doubt it now.

 

 

Suspect the boys from the blackstuff ie the dca may be trying on.

 

 

Up to you, but if it's down to Scotcall,

 

 

I would ignore them and if they show up at you property,

 

 

tell them to get off of it as they have zero legal rights.

 

David

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  • 9 months later...

An old debt re-emerged when Wilkin Chapman applied to Northampton Court for a CCJ.

Papers arrived yesterday.

They are in possession of a copy of a letter MBNA sent some years ago stating they were not in possession of a complete CCA.

This has been resent to them.

How should I respond to the claim?

Do I defend it?

Wilkin have admitted they don't have a CCA and I know even if they do get one it will be the same incomplete one that Aegis/Scotcall etc have been able to do nothing with in the past.

Advice on how to respond to the CCJ claim would be greatly appreciated.

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Acknowledge the claim, state defending in full.

 

 

Your defence seems solid no enforceable CCA.

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I have merged your two threads on this MBNA issue and moved you to the legal forum in view of the receipt of court papers.

 

Can you please have a read here and give the answers to the questions raised here on your thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

 

Did you investigate Bazooka Boo's comments earlier and establish whether this is Statutory Barred?

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Another outfit that doesn't charge their ''clients'' unless they are successful in court.........so this will be one less bit of commission they will be getting hopefully!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Claimant: Arrow Global

Date Of Issue 21 Oct 2014

POC: 'The claimants claim is for 6000.20 being monies due from the defendent to the claimant in respect of a regulated credit card agreement between the defendent and MBNA (No:**************) and assigned to the claimant on 20/12/2011 notice of which has been provided to the defendent.

The defendent has failed to make payment in accordance with the agreement and a default notice has been served persuant to the consumer credit act 1974.

The claimant claims the sum of 6000.20'

 

The account was an MBNA credit card and the original agreement is from 2004.

It is the debt purchaser who has issued the claim.

They did send a letter out saying Arrow had purchased it.

I have not recieved 'Notice of default sums' every year.

I ceased payments after redundnancy and their unwillingness to enter an agreement.

The dispute with the original creditor would be that they admitted they didn't have a complete credit agreement and stated in writing they would not take court action.

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Hi guys- just trying to determine what steps to take. Should it be the following.

 

1) Acknowledge the claim- defending in full

2) Send solictors CCA1974 Section 77/78/79

3) Send solictiors CPR31.14 request

 

Then is it a matter of filing defence within 28 days?

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And to add - I don't think it is statute barred but certainly won't be far off.

Credit File check would be a good idea I think.

 

 

Experian and Equifax have 30 day free trials, Noddle (Call Credit) is free.

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Thanks- I will do that tonight.

Is there any other information I need to post on here?

Results of the credit file check when received

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:

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Hi guys- just trying to determine what steps to take. Should it be the following.

 

1) Acknowledge the claim- defending in full

2) Send solictors CCA1974 Section 77/78/79

3) Send solictiors CPR31.14 request

 

Then is it a matter of filing defence within 28 days?

 

You must complete the AoS by 8th November....have you done this yet and stated that you will defend all?

 

Have you sent of the CCA and CPR requests. If not then do so as a matter of urgency.

 

By my calculations, if you do the Acknowledgement of Service and state that you will defend all then you have until 22 November to file the defence.

 

If you agree that the last payment was in August 2009 then this is not SB and you will need to look at another angle for the defence. If they don't have a copy of the original signed agreement then they should not be able to enforce so the latest CCA request that you are going to do now will be essential to your defence.

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Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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CCA & CPR are set to go recorded delivery first thing.

The original 'signed agreement' that has been historically sent to me is (as confirmed in writing by MBNA) incomplete.

I still have this letter in writing- will this be crucial in the defence?

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CCA & CPR are set to go recorded delivery first thing.

The original 'signed agreement' that has been historically sent to me is (as confirmed in writing by MBNA) incomplete.

I still have this letter in writing- will this be crucial in the defence?

 

It may add credibility to your defence but the main thrust will be as a result of the non compliance this time round.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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