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arrows/? civil claim form Northern Ireland - mbna credit card 'debt'


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On 29 September 2015 I received a Civil Bill for £17,091.52. this was for an outstanding amount on an MBNA Credit Card which i am unable to pay

 

The Credit Card agreement apparently commenced on 20/09/2008 and defaulted on 01/11/2011

 

at this time the balance was£19,705

 

In January 2010 i sought advice from Citizens Advice and came to an arrangement with MBNA to pay £187 per month and had the interest and charges froxen

 

MBNA wrote to me on 22/11/2011 and advised that my credit agreement had been terminated.

 

Received phone calls from Arden Credit Management demanding that i pay the full balance or increase my monthly repayment substantially, the Account Balance at this time had reduced to £16,906

 

Correspondence started to be received from Arden Credit Management, followed by numerous phone calls which i blocked. I did not reply to any letters and refused to accept any calls. Arden were apparently instructed by Moorgate to recover this.

 

Next harassment by phone and mail was from Wescot

 

Nelson Guest and Partners Solicitors now make an off the pay £12,679 to settle the matter

 

Hundreds of call follow fro Moorgate and Wescot along with regular letters.

 

25/01/2012 Moorgate advise that my account is now owned by Britannica Re Recoveries S.a.r.l ,

 

12/11/2012 Moorgate advise me that my account has been purchased by Arrow Global Guernsey

 

the next paragraph is important for later

 

"The transfer assigns all of Moorgate Loan Servicing's rights as owner to Arrow Global, which has agreed to perform all the obligations of Moorgate Loan servicing under the terms and conditions of your MBNA credit card agreement.

The terms and conditions of your credit card agreement will therefore not be affected by this transfer"

 

Correspondence and call continue fro Arden and Resolvecall

 

Arrow Global advise the Shoesmiths will manage my account

 

Continuous letters from them asking for repayment and personal financia details, none replied to

 

Remember the important paragraph earlier!!!!!

 

on the Civil Bill it adds on top of the amount owed "The Plaintiff further claims interest at the rate of 8% per annum in accordance with Article 45A of the County Courts (northern Ireland) Order 1980 on the amount of £16908 from the date of assignment of the debt to the Plaintiff being 31/10/2012 to 25/09/2015 in the sum of £3,918, being 1059 days at a daily rate of £3.70 and continuing at said rate to the date of Judgement or earlier repayment"l

 

The terms and conditions of my cred agreement were to be altered, so how can they claim interest as well. I had never been notified that interest was being added.

 

I have 21 days to defend these proceedings

 

I hope i have given full details

 

So what do i do next, help will be greatly appreciated

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Its Stat Interest... Charged at 8%....

Right have you been paying them? When did you stop paying them?

 

Sounds like you have a court claim... Youch!

 

Will get site team to pop along shortly.

 

Please type out in full the Particulars of Claim, or upload taking away all personal info.

  • Confused 1

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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I do not understand the term "Civil Bill". Are you in England, Wales or Scotland ?

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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Righto, will try and find someone who has knowledge of that system, to help you.

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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Tbh sounds like you've been had for years here

 

Get a CCA request running to arrows

 

And a CPR running to rectums

 

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... 

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Use English...very similar to our system except its 3 days service. Small Claims are to a value of £3k above and up to £15K are Civil Claims.

 

Our CPR is not applicable they use The Rules of the Court of Judicature (NI) 1980

 

https://www.citizensadvice.org.uk/nireland/law-and-rights/legal-system/taking-legal-action/small-claims-in-northern-ireland-ni/

 

 

 

Hello, apparently the system is pretty much the same as England, except you only have 3 days for service.

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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You will need to acknowledge the claim and advise if you are either going to defend or not.

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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Thanks, I'm just about to complete Form 42 to deliver to court in the morning and post to solicitor and Arrow tomorrow

 

 

Cca and SAR will get posted too

 

Thanks for your reply, will keep you informed

 

A copy of the Civil Bill will be posted on here later tonight

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Sar?

CCA and CPR

 

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... 

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cpr 31:14 legal section of the library

  • Confused 1

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... 

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Just shooting from the hip

 

If you had an agreement by the orignal creditor to pay £187 a month and interest fraozen

 

Does that agreement not pass to a new creditor post assignment even if that agreement has been terminated??

 

After all we are talking of an agreed contractual obligation between creditor and debtor. That being an arrangement to pay

 

The new creditor still has to follow the original rights and duties of that agreement

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I was paying that amount but they harassed me to pay more. I got to the stage that I couldn't pay the 187 and stopped paying anything after about a year of being crucified

 

I rear about the CPR, what does it do that is not covered by the SAR and the CCA

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The CPR (Civil Procedure Rules) is not applicable to Northern Ireland.

 

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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You can use the CCA (section 77/78) request...its the CPR that is not applicable.

 

See post#8

 

Regards

 

Andy

  • Confused 1

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

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  • 11 months later...
Can you help me with a defence. In court on 3rd October and believe arrow haven't complied

 

Have you not already submitted a defence ? Do you mean a witness statement ?

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

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I didn't submit a defence yet.

Sent off CAA an postal order as you said.

 

Got both returned from Arrow

they said they were not responsible but would try to get them.

 

Received nothing from them so sent the follow-up letter saying they were in breach.

 

Their letter said collection activity would be suspended until they sent copy of agreement, which never arrived.

 

About a month ago, solicitors sent letter asking for my defence, I didn't reply.

 

Last week I got letter from court saying a review meeting was to be held on 3 October as solicitor had not issued a certificate of readiness and I didn't need to attend unless certificate was issued.

 

I received a letter from solicitor on Saturday asking for my defence and if it wasn't produced, they would ask for the claim against me to be made at the meeting on 3 October unless I was able to agree a method of payment agreeable to Arrow

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So the claim was issued on or around 29th September 2015 and you have yet to submit a defence...I assume in NI you must still acknowledge service of the claim...and because no defence has yet been submitted the claimant was unable to issue a certificate of readiness..in view of the absence of your defence.

 

Best if you could scan in and post up this letter from court then we can see it in detail.

 

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

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as a PDF please

follow the upload

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... 

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