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Arrow/Restons Claimform - MBNA Credit Card 'debt'

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Name of the Claimant: Arrow Global

 

Date of issue – 4th February 2016

 

What is the claim for – The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012

 

What is the value of the claim - £7,000

 

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?- 2008

 

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. It’s the Debt purchaser – Arrow Global

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I did. However twice on the document, it says Arrowe Global Global Gurnsey Limited instead of Arrow. A typo I guess … however, does this matter?

 

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 ? Yes, up until it was assigned

 

Why did you cease payments? Financial difficulties arising from partners not working and new baby

 

What was the date of your last payment? About February 2012

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Sort of … We spoke several times and tried to work things out, but I could never keep up with the payments.

 

 

Notes:

 

I did request and get a CCA in 2012 when the troubles with the agencies started. I’ve been transferred to several agencies and sent all the regular template letters, but now Restons have sent me a claims form. I've spend the last few days searching the internet and I'm not exactly sure what to do next

 

 

Where I need help …

 

I really don’t need CCJ on my credit file and would rather avoid it. Can I still call them up and work out an arrangement?

 

I don’t think I can pay anything more than £30 per month at the moment, but I’m willing to try and clear it if given time. If I admit this, and they reject my £30 proposal, will that definitely lead to a CCJ?

 

Final question: The error on the MBNA Assignment letter, can that be grounds for a defence of the claim. Though I need to add, I have been communicating with Arrow Global over the years.

 

Please kindly help, I believe I have just 3 days left.

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3 days?

 

 

you have until 19th to ack the claim defend all on mcol website

and until 4pm 7th March to enter a defence.

Edited by Andyorch
Defence month altered from Feb

please don't hit Quote...just type we know what we said earlier..

 

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get a CCA request running to the claimant

 

 

and a CPR 31:14 running to the sols

[legal section of the library tab]

don't sign anything

 

 

read the full threads for those first!

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Thanks guys, I've read so much I'm now slightly confused, thus my reason to start this thread.

 

About disputing the claim, do I really have any grounds for any defence? ... I simply couldn't afford the payments. Thats all I have.

I don't want to go through the whole process and still end up with a CCJ

 

Also, about the typo ... its that possibly grounds for dispute at all?

 

About the CCA. I mentioned that I did that a while ago and have the document they sent through. Including the credit agreement, which has an acceptance box ticked in place of my signature.

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the typo wont really help

 

 

pers i'd go thru the correct process

you never know

then if things look sticky

you can always pay it off and have no CCJ registered

plenty of time yet.


please don't hit Quote...just type we know what we said earlier..

 

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Hi dx,

 

Sorry, but I just don't want to make any mistakes.

 

I've acknowledged and sent off the letters.

 

If they return with all the information I asked for,

and we end up in court,

 

can i still stop myself getting a CCJ?

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yes ofcourse you can.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hi dx,

 

Sorry, but I just don't want to make any mistakes. I've acknowledged and sent off the letters. If they return with all the information I asked for, and we end up in court, can i still stop myself getting a CCJ?

 

Only if...

 

1.you win

2.you pay the full amount within 28 days

3.you convince the claimant to settle by way of a consent order and stay the claim.

 

Andy


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Thanks guys .. I'll proceed and see how it goes.

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Hi Latch...responding to your PM.

 

Let the process proceed a little further before considering negotiations.....you must stand and defend to enable yourself into a better position...once they know you will not role over your negotiations will have far better impact.

 

I am subbed to your thread so as long as you post regularly and state what is transpiring...we can advise at what point to consider plan B.

 

Regards

 

Andy


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Thanks Andy .. will do

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Hi guys,

 

A little urgent help needed here please.

 

 

Current situation update:

 

Claim form was dated 4th February 2016

I acknowledged on time.

Requested the CPR31 and CCA letters on the 19th – A bit late cos I lost track of the time line.

 

I haven’t heard from Arrow Global and the deadline has passed for the CCA request

(however, about 2 years ago, I made this request to them,

and got some online agreement. Does this matter?)

 

Now my issue is:

For the CPR31 request, the 12 working day deadline is on the same 8th of March,

which is the deadline for submitting my defense.

 

 

I figure after the morning mail delivery, if I don’t hear anything,

I’ll update my defense on the website.

Is it safe for me to do this so late?

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deadline for def is by 4pm 7th March

 

 

simply file the no paperwork/holding defence on numerous threads In this or the dca legal successes forum off this one.

 

 

post it here first for checking


please don't hit Quote...just type we know what we said earlier..

 

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Hello guys, based on the claim here:

 

“The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012”

 

This is what I’ve been able to write up for my defence. Any help looking over this for me will be greatly appreciated.

 

 

IN THE COUNTY COURT BUSINESS CENTRE

Case No

(NAME) - Claimant

Vs

(NAME) – Defendant

 

Defence

I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

 

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions, and show how the Defendant has entered into a contract.

 

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £6,788.97. ( or £7,298.97 including court fees and legal representative’s costs) ??

 

III. Show how and when the contract was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

 

IV. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:

 

a) A copy of the Default Notice and Certified Copies of how this was served upon the Defendant.

 

b) As claimant has stated the debt was assigned to the claimant on 20/04/2012, a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and/or Deed of Tripartite Novation.

 

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.

 

d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was served upon the Defendant.

 

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on 20/04/2012.

 

V. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

 

VI. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?

 

I request under Civil Procedure Rule 39A (3.3) any documents upon which the claimant intends to rely are brought to any subsequent hearing for examination.

 

I have requested further information under Civil Procedure Rule 18 but, to date, have not received an adequate response.

 

Statement of Truth

 

I believe the facts stated in this defence are true.

 

March 4, 2016

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please don't hit Quote...just type we know what we said earlier..

 

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Hi dx100uk, thanks for your response. I'm really not sure which parts aren't required, I must confess I'm a bit over my head here. I clicked on the link you posted below, and I'm not quite sure what you need me to see there. Kindly help clarify please.

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in those threads there are examples of various credit card no paperwork/holding defences

 

 

see post 10 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458503-Cabot-Restons-claimform-cap1-card-debt


please don't hit Quote...just type we know what we said earlier..

 

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Hi again dx,

 

Got that previous one from a friend. I guess this is much better and straight to the point. Exactly what I needed. Anyway, I've made slight adjustments, can you kindly take a look please:

 

Particulars of Claim

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012

 

Particulars a/c no - xxxxxxxxxxxxxxxxxxx

Date: xxxxxxx

Default balance: xxxxxx

Post Refrl: Nil

Total: xxxx

 

Defence Statement

 

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.

 

The claim is denied with regards to an amount due under an agreement.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim the Defendant requested information pertaining to this claim from Restons Solicitors by way of a CPR 31.14.

To date I have yet to receive a compliant response.

 

The Defendant requested information pertaining to this claim from Arrow Global Guernsey Limited by way of a Section 77/78 request.

To date I have yet to receive a response complying with the request.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

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

 

As per Civil Procedures Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if 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 82A of the Consumer Credit Act 1974.

 

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.

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Help? .. anyone?

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looks good except amend anything to read s78 only, thats the bit referring to credit cards, s77 is fixed term loans so not necessary


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is the POC in post 1 here exactly all it says and complete?

 

 

The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNAlink3.gif dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012


please don't hit Quote...just type we know what we said earlier..

 

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Thanks a lot Martin, I'll update and send off now

Cheers

 

Yeah thats all it says dx.

 

Then underneath theres this:

 

Particulars a/c no - xxxxxxxxxxxxxxxxxxx

Date: xxxxxxx

Default balance: xxxxxx

Post Refrl: Nil

Total: xxxx

 

I noticed its a bit less content than most I've seen up on here.

 

 

Is there something wrong?

 

..

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The defence is suitable except for you main point of denying latch...IE

 

"The claim is denied with regards to an amount due under an agreement.

The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon."

 

That would not be considered a viable reason to deny a claim....as the disclosure stage as yet to happen within the claim.....IE you submit defence and reasons first and disclosure follows the defence.

 

I think you need to work on that point alone as to why you deny the claim....because when they do disclose (if they disclose) your reason for denying would then become irrelevant.

 

Regards

 

Andy


We could do with some help from you.

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Thanks Martin.

 

That's why I asked the question I asked about earlier, 4 posts down on the first page of this thread:

 

"Default Re: Arrow/Restons Claimform - MBNA Credit Card 'debt'

 

Thanks guys, I've read so much I'm now slightly confused, thus my reason to start this thread.

 

About disputing the claim, do I really have any grounds for any defence? ... I simply couldn't afford the payments. Thats all I have.

I don't want to go through the whole process and still end up with a CCJ"

 

Can you kindly please give me suggestions here? I'm pretty lost at the moment and running out of time .. today is my deadline.

Edited by Andyorch
edited

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Going through this process is on the only way you can possibly avoid a CCJ...unless you admit it and pay the judgment within the given period (normally 28 days )


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 thread please PM me a link to your thread

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