Arrow/Restons Claimform - MBNA Credit Card 'debt'

[dx100uk]

1 .Paragraph 1 is noted. I have had an agreement in the past with [original creditor] but do not recognise the account number referred to by the claimant.

[latch]

Here's what its looking like now .. help and comments please ... (I've got just ike 3 hours left please)

 

 

Defence

 

 

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 Defendant admits that a contractual relationship did once exist with MBNA, but does not recall the particular details of this agreement or any alleged balances.The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

The Defendant does not recall any legal assignment the claimant refers to within its particulars and does not recall the notice was served pursuant to the Law of Property Act 1925, and as such would like to see this assignment.

 

The Claimant did not comply with Pre Action Protocol and no Letter Before Action was received by the claimant.

 

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 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.

Edited March 7, 2016 by Andyorch
Edited.

[AndyOrch]

One tweak.....Its right now:-)

[latch]

@Andy ... so can I submit as it is now?

[AndyOrch]

Yes

[latch]

Thanks a whole lot :-D

[latch]

Hi guys,

 

I just thought to ask a quick question. I posted my defence online, and a few days later I got an acknowledgement letter from the courts. However I haven't heard or gotten anything from Restons or MBNA. Is this normal? should I be expecting to hear from them, should I be worried?

[dx100uk]

quite normal if you go read other claim threads with your players

 

 

just remember

this is nowt to do with MBNA anymore...

 

 

rectums have 28days to do 'something'

else it gets auto stayed....

 

 

dx

[latch]

Thanks dx

[latch]

Hi dx and or Andy, please can one of you help me out. Got a letter from Restons yesterday, for which I need help with, but not quite sure how to upload it on here ...

[honeybee13]

Hello there.

 

If you click on the word upload in your post, you'll go to a link that tells you what to do. Or you could type it up here.

 

Make sure none of your personal info is showing.

 

HB

[dx100uk]

I would suspect its the usual cpr fob off restons always send out

if go read other restons claim threads.

 

 

safe to ignore

[latch]

Hi guys, Restons replied,

disputing all my defence and requesting for me to withdraw the defence

or they'll instruct the creditor to enter an order against me.

They also then enclosed an income statement form.

 

I do need to mention, that I'm not sure they sent a letter before action in December.

The letter they sent then is also attached.

 

 

I believe I made the mistake referring to the letter as a letter before action.

To me its just a regular claim letter.

However it seems they are trying to capitalise on this my error.

Further, unlike they claim, I did send the s77 request by registered post.

 

Anyway, please kindly go through the attachments, and kindly advise me on next steps.

 

Thanks in anticipation.

Restons defence reply.pdf

[dx100uk]

attachment unapproved

you left ref number on it

 

 

however its the usual willy waving from restons

sent to unsettle you

and is present in many other reston claim threads in this forum

safe to ignore

[latch]

Apologies for that. I've blocked out the details and uploaded again.

 

Just so I don't make any mistakes, and end up with a judgement against me.

 

 

Are you saying that I should simply ignore this?

 

 

what happens to the whole court process and pending case?

restons reply.pdf

[mercyblue]

Nothing has changed if they apply for a summary judgement you'll get their application from the court.

 

It can't be a generic letter churned out as it mentions very specific things from your defence (i.e the letter before action thing).

 

In view of that somebody must be taking an active role at their end

 

so you would expect them to continue to do so,

 

but I always work on the worst scenario.

 

Your probably right that they will try and capitalize on your error,

taint and undermine your defence by calling it incorrect and misleading

 

 

if they go ahead and apply for summary judgement.

[dx100uk]

as said typical restons letter

safe to ignore

 

 

why send such a letter when what they really need to do is

get on with the court case and finding enforceable paperwork...eh?

 

 

urm...

[mercyblue]

I do agree with you dx in the sense that the letter has been sent to intimidate the defendant into giving up. My point is that this case is clearly on somebody's desk - that letter was far too specific to be a simple template letter - they are unlikely just to give up themselves.

[latch]

Hi again people. I sort of see mercyblues point, and then again like dx said, why send the letter? This all still leaves me a bit at a loss as to what do do next. I really can't afford a judgement against me, then again I simply can't pay off the debt. I can however afford a small monthly payment.

 

Any definite suggestions please?

[Old Cogger]

that letter is common place now, nothing new from Rectums!

[AndyOrch]

Hi again people. I sort of see mercyblues point, and then again like dx said, why send the letter? This all still leaves me a bit at a loss as to what do do next. I really can't afford a judgement against me, then again I simply can't pay off the debt. I can however afford a small monthly payment.

 

Any definite suggestions please?

 

Unfortunately there are no definitive suggestions/advice...as every claim turns on it own merits.I would suggest that you do nothing now until the claimant either makes application for Summary Judgment or they make application to lift the stay and proceed....but that's me...you have to make that decision.

 

The letter is simply inviting you to agree settlement/payment proposals without the need for the claim to progress any further...which in turn adds no further costs to the claim and dispenses the matter without trial.The claimant is fully entitled to offer this recourse as you are on whether to accept or decline.

 

Regards

 

Andy

[latch]

Hello guys,

 

Apologies for the quiet. After the last response, I decided to accept the claim, complete their expenses and income form, and offer a minor monthly payment amount. I didn't hear from them or the courts for a while, and then I log into the government gateway today and see the following under claim status:

 

Claim Status

A claim was issued against you on 04/02/2016

Your acknowledgment of service was submitted on 16/02/2016 at 04:22:52

Your acknowledgment of service was received on 16/02/2016 at 08:02:42

Your defence was submitted on 07/03/2016 at 13:51:54

Your defence was received on 07/03/2016 at 16:01:51

Your defence was rejected on 09/05/2016

A judgment was issued against you on 09/05/2016

 

Can someone kindly explain what this means to me and kindly advise on what to do next. Thanks in anticipation.

[dx100uk]

You admitted the claim

You get a ccj regardless

Silly idea imho

 

You fell for their intimidation

When to all intent

They had no proff of the debt

 

Dx

[AndyOrch]

Wait for the Notice of Judgment then pay it....by the date(s) stated.

[latch]

Yeah I know it was pretty silly. I didn't quite realise I'd get an automatic judgement if I admit. I assumed we could talk payment plans after admission. So basically (in the unlikely event ) I can pay the whole balance within 30 days of the judgement letter, it can be removed from my records right?

 

Also, if I can't pay it all, what happens? will I get bailiffs knocking?

 

Finally, is there any other way at all I can prevent the CCJ from staying on my records? I assume theres no point going through the "apply to set aside" process right?