Claim form Arrow Global Guernsey Limited - MBNA Credit Card

[catsfella]

Hi, this is one of two claims I currently have going against me.

Both of which are close to statute barred.

 

This is my bigger worry of the two as this one is only statute barred if you go from the date the last payment was made,

however it is not quite six years statute barred if it goes from the date the first payment was missed.

 

Name of the Claimant ? Arrow Global Guernsey Limited

Date of issue – 11/12/15

Date to submit defence = 12th Jan (33 days in total) -

What is the claim for –

 

The claimant claims payment of the overdue balance from the Defendant(s) and MBNA dated on or about October 06 2003 and assigned to the claimant on Dec 20 2001

 

Particulars a/c no. 444444444555555555

 

Date :18/11/2015

Item: Default Balance

Value: £8200

Post Refrl Cr: Nil

 

Total: £8200ish

 

What is the value of the claim? £8200ish

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? before

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes , I received a notice dated 09th march 2010

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I dont think so

Why did you cease payments?

Did a CCA request as I couldn't keep up with payments.

I took nearly three months to receive a signature document

so account was placed in dispute and payments ceased

 

What was the date of your last payment? 02 december 09

Was there a dispute with the original creditor that remains unresolved?

 

yes, following my CCA request I received a photocopy of a tear off slip with my name on

and on the rear of the photocopy was a photocopy of terms and conditions,

 

although they are the same size which makes it look as though they are from the same tear off slip

I noticed they have different document reference numbers and dont believe the photocopy of the rear

I received was the true rear.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? no

[mikeymack2002]

Get your CCA request off just to be safe. Also you should send a CPR 31.15 to the sols on both of your threads. Have you still got your old CCA response as it could help now?

[catsfella]

Thanks for your input Mikeymack.

 

I have all letters from the time including CCA, please see below

[mikeymack2002]

Thx for the update but this looks like just the T&C's of the agreement and nothing more are there any other forms regarding this debt?

[Guest]

cca request to the claimant. cpr 31.14 to the sols.

it will be closer re bar! again, need the terms re payments.

was that last payment in december re the regular contractual payment, the next payment due in january being the missed one ie the breach?

what is the date of the default notice?

[catsfella]

I [ATTACH=CONFIG]60727[/ATTACH][ATTACH=CONFIG]60727[/ATTACH]think the files gone funny as I deleted personal details so here it is again

[catsfella]

[ATTACH=CONFIG]60728[/ATTACH][ATTACH=CONFIG]60728[/ATTACH]

[Guest]

catsfella

no docs seem to be showing re your 2 posts above.

[catsfella]

Mikeymak - just checking but can you see two pages on the signature doc I posted with the signature on or just the t&c's? - I'm really hesitant to go statue barred on this and think that the signature doc isn't enforceable anyway which is why I stopped paying. There are a few more t&c's which I will put on

 

Ford - the default date was 09 March, I've just realised in the opening part of this thread I put this as the date of assignment by mistake. Yes the last time I paid was in December so I only missed the first payment in Jan. I think this really means it's not quite SB, so I really am thinking best to go for unenforceable doc as it looks a safer bet.

 

Any thoughts?

[catsfella]

[ATTACH=CONFIG]60752[/ATTACH]

[AndyOrch]

Due to the current problems we have with the Forum...your upload has failed catsfella....you can try again or wait until we resolve the current problems.

 

Regards

 

Andy

[AndyOrch]

Ooops scratch that I see you have managed to post it.

[Guest]

..

 

Ford - the default date was 09 March, I've just realised in the opening part of this thread I put this as the date of assignment by mistake. Yes the last time I paid was in December so I only missed the first payment in Jan. I think this really means it's not quite SB, so I really am thinking best to go for unenforceable doc as it looks a safer bet.

 

Any thoughts?

 

cheers. did wonder. also your posted particulars say it was assigned before the agreement!

do the cca request, and 31.14, see if anything comes back in time.

as you say, bar may (probably) be unlikely.

[catsfella]

[ATTACH=CONFIG]60753[/ATTACH]

 

 

The main agreement seems to have disappeared now.

 

I didn't realise there was a problem, thanks Andy

[catsfella]

Try again

[catsfella]

Hi, please could someone take a look at my defence, it has to be put in today.

I have taken this from another thread and only made slight changes to number 5 and also the lenders name.

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance from the Defendant(s) and MBNA dated on or about October 06 2003

 

2. And assigned to the claimant on Dec 20 2001

 

Particulars a/c no. 444444444555555555

 

Proposed Defence

 

1.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.

 

2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Mbna.I do not recall the precise details or agreement and have sought verification from the claimant who is unable to comply.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served last year from either the Claimant or Mbna

 

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14,and remains in default of my section 78 request, therefore the Claimant is put to strict proof to:

 

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

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

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

 

5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for.

 

To date the Claimant has failed to comply to my section 78 request and their solicitors, Restons, have failed to comply with my CPR 31.14 request.

 

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

 

7. On the alternative, 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 of the Law of Property Act and Section 82 A of the consumer crediticon Act 1974.

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited January 12, 2016 by Andyorch
Defence checked and adjusted.

[AndyOrch]

Defence is okay catsfella ...just the one tweak on the section requests ....as this is a CC its section 78.

 

Andy

[catsfella]

Many thanks Andy

[catsfella]

Hi, it's been a couple of months since I had much through.

 

I have now had a letter from restons.

I think they have got confused with my other claim which Restons are also dealing with.

 

On the other claim I am going for statute barred and it seems this letter is partly dealing with that defence and not this claim.

 

On the third paragraph it says

 

"Please note the transaction log details all activity on your account and can clearly see the last payment made in respect of your account as being on 04/01/201"

 

Could this be some cunning plan to confuse me??

 

I'm sure they're not that clever!!

 

I must admit I did panic and quickly checked I hadn't put the wrong defences in by mistake but I haven't .

 

Should I let them just plod on on the wrong defence or tell them they seem to be on about something unrelated to my defence?

 

This is the first two pages they sent,

they also included a default notice and the full details of my account transactions.

 

The transactions actually show the payment on 04/01/2010 was actually returned unpaid to my account, and the last one was 02/12/09.

Although it's irrelevant it shows they're thinking that's my defence for this claim

Restons Reply.pdf

[AndyOrch]

Ignore....let them proceed if what they spout they believe is true... then you can correct them in your witness statement

 

Andy

[catsfella]

Right, will do thanks for the reassurance Andy

[Guest]

if they think bar is in issue, then, as they mentioned it, mention that in yr statement. never know, it cld well end up being.