Arrow/Global old stayed MBNA claim

[iyam71]

Filed a claim against me last year for an old MBNA credit card debt. I went down the route of filing a defence and requesting all of the documention, which they eventually managed to produce but not before the claim was stayed.

 

In light of this I wrote offering a token £1 per month payment to hopefully avoid them proceeding further with the claim (I'm currently being supported by my partner and have no official income). They have responded to this by sending out a four page financial questionnaire including a payment offer sheet.

 

I'm wondering how to respond to this. Not happy about giving them the level of information they are asking for, nor my partner's employment details. However my main priority is to avoid further court action.

 

Any ideas/advice on how best to handle this would be most welcome.

[mikeymack2002]

We need more history of the debt to be able to assist you further.. Dates type and so on..

[iyam71]

Taken out in 1999, defaulted upon in 2010 (will be statute barred Oct 2016), total owed in excess of £11,000. Been passed around various DCAs until Arrow got hold of it and filed the claim last November.

[fkofilee]

You are not obliged to fill out their questionnaire, You can do one of your own or you can use from the CAB.

Problem is that those ones intrude on everything of your life when they shouldnt.

 

DCAs still think they are a higher power when actually they have no rights to do anything.

[iyam71]

Well they won't take no for an answer as far as the financial statement is concerned. Am I correct in thinking even if I fill in the bits about my partner's income they have no right to take it into account as the debt is solely mine? And what would happen if they proceeded with the court claim and it ended up in front of a judge - would he/she have the power to make them accept the offer if proof of my circumstances were provided?

 

Again any feedback would be much appreciated.

[dx100uk]

why are you paying them if the claim was stayed and they have unstayed it?

 

 

dx

[ScarletPimpernel]

Taken out in 1999, defaulted upon in 2010 (will be statute barred Oct 2016), total owed in excess of £11,000. Been passed around various DCAs until Arrow got hold of it and filed the claim last November.

 

The limitation clock stopped when they issued the court claim.

[theoldrouge]

why are you paying them if the claim was stayed and they have unstayed it?

 

 

dx

 

And was all the documentation that you received, Agreement from 1999, and DN from MBNA in 2010 all in order?

[iyam71]

They eventually sent the documentation I had requested with a letter threatening to apply to lift the stay if I did not contact them with repayment proposals. They haven't yet done this.

[iyam71]

The limitation clock stopped when they issued the court claim.

 

I wasn't aware of this but thanks for pointing it out.

[iyam71]

And was all the documentation that you received, Agreement from 1999, and DN from MBNA in 2010 all in order?

 

They sent signed application form/CCA, Default Notice, Termination letter, a copy of an old statement and a Notice of Assignment. Everything is legit except for the N of A which is from a different person, in a different format and is not dated. It also contains a different account number as Arrow had assigned me a new account reference number in the original N of A which is not referred to in the new 'copy'.

[dx100uk]

scan them all up

bet the t&c's are wrong

they always are

 

 

upload

dx

[iyam71]

I was just about to post about this.

 

I notice on another thread you refer to the £12 fee for late payment only being introduced in 2006,

which is referred to in the t & c's.

 

Not to mention the fact my name and current address is printed at the top,

yet when the card was took out I lived elsewhere.

 

So they are definitely not the originals.

 

I'll try and get them scanned up later tonight.

[dx100uk]

there ya go your learning!!

 

 

dx

[iyam71]

Whilst photographing the docs I discovered some 'Financial and Related Conditions' printed on the back of the application form which I hadn't even realised were there (upload T & C 1). About to upload now, hope there is not too much information!

[iyam71]

Have hit a brick wall attempting to post the files. I can't upload anything using the upload manager as it is close to full of old files which for some reason I can't delete. Any ideas?

[dx100uk]

user CP

 

 

manage attachment left handside

[dx100uk]

I can see what it is

each of witness statement is 5mb per page in your BC/MKDP thread

 

 

i'll go sort those for

you make SURE anything you upload is

a 'page' should only be about 200kb [.2Mb not 2mb each page]

 

 

dx

[dx100uk]

done

42Mb of single page upload

now merged and reduced to 2mb

 

you have loads of freespace now

 

please DO NOT upload anything that's bigger than 2Mbish

put any docs you wantr into WORD FIRST

all of them

 

so now you have a multipage word doc

now either print to PDF

or

save as PDF.

 

and then attach

 

dx

[iyam71]

[ATTACH=CONFIG]58640[/ATTACH]

[dx100uk]

the devil is in the detail

they are too blurred for me on the little important numbers around the egde

 

it looks like to me you have 2 sets of T&C's

one from the time of application

and one from the time of the default notice issued.

 

both should have the correct address for the time of issue

 

I notice the set for the time of taking the card out

does not have the level of penalty charges inserted

it is blank?

and there no name/ad on the top

and you've already said the T&C's for the DN time have the wrong address?

 

me thinks someone has been raiding their filing cabinet and magic'ed up supposed T&C's

to match the application form, which is the real McCoy ?

 

naughty naughty!!

 

dx

[iyam71]

I may be able to get a better image of the T & C's in natural light if that would be of any use.

 

The T & C's on pages 3-9 are the only ones containing any address (my current one in this case)

- if these were the ones issued at the time of the DN that would explain the current address.

 

 

Page 13 contains the ones on the back of the application form - no name/address or anything about penalty charges.

 

 

Pages 14-17 are the other set with no name/address etc.

[theoldrouge]

To see the importance of the correct address at the time of account inception have a read of Carey v HSBC

 

In addition from what I can read, the clauses referred to in the default notice clauses 1 & 8,

 

do not match the agreement

[iyam71]

Will have a look at Carey v HSBC when I get a chance. Familiar with the bits relating to original docs being needed in court for pre April 2007 agreements but not the rest of it.

 

I'm finding the whole T & C issue confusing to be honest.

 

A lot of the older threads I've looked at refer to the prescribed T & C's being required to be written within the 4 corners of the agreement - is this still the case?

 

In this case what they seem to have sent is the 'Financial & Related Conditions' containing 'some of the provisions contained in conditions 1 & 2 of the MBNA Terms & Conditions', which was printed on the back of the application.

 

Then the rest of the T & C (3-19) I assume those applicable at the time of inception

(but without name/address etc unless you count what was actually written on the application).

Then a new set from when the DN was issued, which contains my new address.

 

And like you say, clauses 1 and 8 of the DN do not match either agreement. But would that be an argument that would hold any weight if they were to proceed legally?

[dx100uk]

so we have 3 sets of t&C's?

 

don't think so...

 

there are lots of them that say 03/00

they will be the os that go with the

 

page 16

point 13

a, b, d, have no figure of the charge but are blank?

that makes those a generic copy

so cannot be [yours] the ones you got with the form..so rule those out

and as more than 1&2 are on the signed form.

 

pages 3-8 will be the DN T&C's

[labelled pages 1of6 bottom right

I think it should be 1of8 are there 8/

 

lots if doubts here me thinks

 

dx