Arrow Global/Wilkin Chapman/MBNA- claimform

[esk_rod]

Got a reply stating that they "Will request their client obtains a copy of the agreement, notice of assignment and default notice as per the request. The client will need to get these from the originating creditor and it may take up to six weeks to obtain.

They will agree to an extension of 14 days from the date the requested documents are served to file a defence.

They will revert to me once in receipt of the documentation"

 

So, next step help would be appreciated (greatly!!!)

[esk_rod]

OK folks- as the requests were signed for on 31/10 when should I be looking to file my defence as I have no faith in them supplying any of the requested documents.

[esk_rod]

Right then- the 12+2 period is up so I assume I am looking at non-compliance and its time to file my defence??

[AndyOrch]

22nd Nov your defence is due esk.

 

Andy

[esk_rod]

Thanks Andy- so its time to draft then.

In relation to them saying they will grant an 14 day extension once documents are served- is this done in the hope of delaying my defence- I am very suspicious of it.

[AndyOrch]

Ignore their dates follow their courts...start researching and drafting a defence...pop it on here to check before you submit.

[esk_rod]

Hi guys ..what do you think of this as a proposed defence?

 

POC :

 

1.The claimants claim is for 6000.20 being monies due from the defendant to the claimant in respect of a regulated credit card agreement between the defendant and MBNA (No:**************)

 

2.And assigned to the claimant on 20/12/2011 notice of which has been provided to the defendant.

 

3.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 6000.20'

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.(i) It is admitted that I the defendant have held accounts with MBNA in the past. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant

 

(ii) The defendant has absolutely no knowledge of any debt residue and on the 28th October 2014 requested information pertaining to this claim by way of a CPR 31.14 request. The claimant's legal representative has failed to respond.

 

(iii) The Defendant requested a copy of the alleged agreement from the Claimant by way of a request under Section 78 of the Consumer Credit Act 1974 on 28th October 2014. This letter was signed for as received on the 31st October. A letter was received from the claimant dated 6th November 2014 in which the Claimant advised they were seeking documentation from "the originating creditor". The Claimant has not advised a date by when they will be able to comply with this request and so is now in breach of this request. The Defendant believes that this shows that their Claim is unsubstantiated and without merit.

 

2. 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the consumer credit Act 1974.

 

3. It is denied with regard to the Claimant having served a Default notice 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 and evidence the nature of the breach and service of a Default Notice and subsequent Notice of Sums in Arrears pursuant to the CCA1974

© show how the Defendant has reached the amount claimed for; and

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

(e) show how the Claimant has complied with the Consumer Credit Act 1974 with regard to pre-action protocol.

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be unsubstantiated

 

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

 

6. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions". And the defendant has no knowledge of the Claimants assertion that they have complied.

 

7. The ‘Originating Creditor’ has previously stated in writing that only an ‘incomplete agreement’ is in existence- copies of this correspondence can be supplied on request.

 

8. 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.

Edited November 20, 2014 by Andyorch
Particulars numbered and hilighted

[AndyOrch]

Just your point 2 esk...you need to address the assignment...did you receive a NoA?

[esk_rod]

Hi Andy- to my knowledge I just got a letter stating Arrow's purchase.

Obviously the latest request hasn't been fulfilled.

[AndyOrch]

Okay just a few additions and tweaks.....the rest is fine.

[esk_rod]

Thanks Andy- so thats good to go then?

If so I will file this evening.

 

I can't thank you enough for your help.

[AndyOrch]

Yes...assuming you are happy and fully understand it.

[esk_rod]

EDITED: Lost password panic over.

Called MCOL who allowed defence to be emailed- sent this morning- acknowledgement reply received!

 

Thanks to Andy & The CAG team.

Obviously if this gets dismissed/set aside I'll pop a paypal donation to the site..and match that sum to RNLI too.

[esk_rod]

Letter arrived acknowledging the defence has been filed and a copy will be served on the claimant.

Where do we go from here and is there anything needs preparing within the 28 day timescale?

[AndyOrch]

Nothing.....wait for a response.

[Dotty50]

Any update esk rod?

[esk_rod]

I have heard nothing..which hope means its at least stopped judgement for now

[Dotty50]

That's good news esk rod.

 

They've probably moved onto someone else now...................................could be me!

[esk_rod]

Update- Case stayed: Judgment not entered.

[Dotty50]

Good news!