Arrows/Restons Claim form - MBNA Credit Card Debt ***Appeal Success***

[Milly2016]

Had a chat with a friend and now understand what you are saying.

 

I will get the witness statement/exhibits attached to their N244 uploaded today.

 

And start preparing my witness statement which I need to get to the courts and the claimant solicitor by 10th August - i.e. 14 days before the court hearing on the 25th August.

Witness statement+exhibits 1-8 attached to their N244.pdf

[dx100uk]

blimey they've pulled out all the stops there....

 

 

bet all that PPI will wipe the debt out totally

and there are late charges too

[Milly2016]

Hi guys,

 

I've been working on the Witness Statement... I've made a start on it, however only stated events and have no real hard defence. Doesn't look hopeful

 

 

IN THE NORTHAMPTON CCBC

Claim No. xxxxxxxx

 

BETWEEN:

Claimant

ARROW GLOBAL GUERNSEY LIMITED

 

AND

Defendant

xxxxxxxx

 

_________________________________

 

WITNESS STATEMENT OF DEFENDANT

_________________________________

 

 

I xxxxxxxxxxx being the Defendant in this case will state as follows;

 

1. I make this Witness Statement in support of my defence in the claim.

 

2. Prior to July 2015 my unsecured debts were managed by debt management plan.

Family members had to intervene to manage the unsecured debts and to help reduce arrears on main priority bills. As this was causing health issues such as high blood pressure and stress.

 

3. On 15th April 2016 email correspondent was sent to Claimants solicitors providing a report from Step Change Charity containing that state of my financial situation. Step Change concluded to arrange payment of £1 month to the solicitors of the Claimant towards the alleged unsecured debt. The Claimants solicitor was reluctant to the £1 month payment.

 

4. On 1st August 2016 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT DLA 5] CPR 31.14

 

5. CCA Request sent to Claimant on the 1st August 2016.

 

6. On 4th August 2016 the Claimants solicitors replied [EXHIBIT DLA 5] to my written request CPR 31.14 without the requested documents.

 

7. Received a response to the CCA Request on 17th August 2017 that was sent to the Claimant. They have acknowledged the request for documentation pursuant to the consumer credit Act 1974 and do not accept that they are the creditor as envisaged. However their willing to assist in obtaining that which has been requested.

 

 

8. CPR Rule 31.15 requires that documents are provided within 14 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form within the timeframe stated. [EXHIBIT DLA 5]

 

9. I received a letter on the 24th August 2016 from the original creditor providing their latest MBNA Credit Card Terms and Conditions.

 

10. On 23rd September 2016 a copy of MBNA Application form and Terms and Conditions were sent by the Claimants solicitor. The Application form is not is not legible.

 

 

I, xxxxxxx the Defendant, believe the facts stated within this Witness Statement to be true.

[AndyOrch]

We have a few days grace yet Milly I will tweak it slightly over the weekend.

[Milly2016]

Hi Andy,

 

Did you get chance to look over the witness statement?

[AndyOrch]

Hi Milly unfortunately not yet ...but will have a look in the morning so you can get it finalised and away for tomorrow afternoon.

 

Andy

[AndyOrch]

One WS in objection to application...please check it over for accuracy and amend to suit

 

 

Milly WS.pdf

 

Regards

 

Andy

[Milly2016]

Hi Andy,

 

Thanks just reviewing the WS.

 

[Milly2016]

The WS reviewed and exhibits ready to go.

 

Do I send the WS to the Northampton or Willesden CC?

[AndyOrch]

Your local county court and the claimants solicitor

[Milly2016]

Going over what will happen in court tomorrow &

 

 

I have two questions:

 

1. Will I be allowed to represent my dad?

 

2. May be confused but I believe the claimants have provided only one credit agreement pursuant to cca1974 in the witness statement and I believe it's not the original but latest because the fees outlined don't match the statement fees.

 

I noticed that the charges for late payment, not making minimum payment or payment is returned unpaid in all 3 is £12 in the credit agreement (page 2, section 5).

 

Whereas in the statements provided going back to when the card was taking out their statement lines showing late charges and over limit fees of £18 each (5th and 6th line on the first page of the statement).

[dx100uk]

which means they aren't the terms and conditions that relate to the original date of the card agreement.

[Milly2016]

So can we ask for the case to be dismissed?

 

What should we say/ask for?

[dx100uk]

no who said that

these things should be in your W/S.

[AndyOrch]

Going over what will happen in court tomorrow &

 

 

I have two questions:

 

1. Will I be allowed to represent my dad? You will be able to sit with him and prompt him...depends on the Judge if he will let you talk...varies but I doubt it.

 

2. May be confused but I believe the claimants have provided only one credit agreement pursuant to cca1974 in the witness statement and I believe it's not the original but latest because the fees outlined don't match the statement fees.

 

I noticed that the charges for late payment, not making minimum payment or payment is returned unpaid in all 3 is £12 in the credit agreement (page 2, section 5).

 

Whereas in the statements provided going back to when the card was taking out their statement lines showing late charges and over limit fees of £18 each (5th and 6th line on the first page of the statement).

 

Then they remain in default of your section 78 request as the T&Cs are not the correct version as inception when the agreement was signed....you can raise it..if needs be.

 

Best of luck tomorrow Milly and please update your thread with the outcome...good or bad.

 

Regards

 

Andy

[Milly2016]

Stayed lifted. Interlocutory judgement for £8000 and for amat to be decided by court.

 

We failed to communicate clearly that we have not received the credit terms at the time of application, we said original credit terms, which the judge appear to take as 'the original' and said the credit terms have been provided.

 

We pointed out that the credit term references £12 fees yet the statements from the outset i.e. around year 2000 were charging £18 fees.

 

The Judge to took that to mean we disputed the fees in the statement and so asked the claimant to submit evidence (file and serve) by 21/9/17 with regards to the balance due. And for us file a defense by 19/10/17 of that evidence, with a hearing to decide final sum and costs on 2/11/17.

 

Requested appeal on the original CCA not provided - again feel the judge took that to mean 'the original' as oppose to the terms at application. Appeal denied, but have 14 days to issue an appeal.

 

In the interim we have been told to pay £8000 which we don't have.

 

The current £1 a month payment with a statutory 8% would not mean that the debt would be paid in a reasonable time and so the judge could not ?accept that.

[AndyOrch]

Interlocutory judgement...usually used in divorce cases..not money claims....by the very term Interlocutory.... Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire case..... and not final or definitive.

 

So they must disclose their evidence re charges/fees by 21/9/17 and you can challenge that evidence in further defence to be submitted by 19/10/17 ...then he will hear the case to decide final sum and costs on 2/11/17.

 

As Arrow are an assignee.....defunct debt buyer with little knowledge of any disputes or charges pre assignment,therefore I dont think the OC (MBNA) will be willing to divulge or disclose anything with regards to their penalties and fees and would rather not open that can of worms....but we shall see.

 

You cant appeal on a case until the final judgment has been passed ( 2/11/17) so Im not sure why he denied it or why you asked for it...so 14 days is not applicable anyway.

 

In the interim you dont pay anything ...not until the case is concluded and judgment awarded and dated....you then have a further 28 days to decide and submit an application to vary it to monthly payment...if a £1 is all you can afford ....then thats all you offer...irrelevant what the judge thinks and how long it takes to pay it....if you own your own property they will no doubt place a charging order to secure the judgment...so their in no rush.

 

You cant get blood out of a stone....even if it upsets the judge.

 

Andy

[Milly2016]

Hi Andy,

 

Got this back from the SARS request.

 

Do you think the terms meet the CCA prescribed terms? and so is enforceable?

 

Thanks

 

Milly

MBNA APP_001.pdf

[AndyOrch]

I can hardly read it never mind check it Milly.

[dx100uk]

surely that wasn't from an sar its from their ws re post 70?

[bazaar]

sorry to jump in, but even if this all goes south, there is the little issue of PPI and charges to consider. which in all likelyhood would result in a fairly large payout to you. ( hopefully more than these retards are claiming from dad).

Looks like the magistrate here is erring on their side unless you can compel otherwise.

[dx100uk]

magistrate I hope not!

 

 

dx

[bazaar]

it was my attempt at a little light heartedness

[Milly2016]

It is from the SAR MBNA gave a more legible copy.

 

I've typed the terms. Please can you check that if it is enforceable because it has the minimum prescribed terms in the CCA

MBNA FINANCIAL RELATED CONDITIONS.pdf

[dx100uk]

If its from the SAR then its nothing to do with the claim

And you don't tell the fleecers taking you to court you have it