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

[Milly2016]

Hi guys,

 

My father has received a claim form Arrow Global Guernsey Limited - MBNA Credit Card debt on the 25th July 2016. See attachment.

 

The debt is old from 2000, however he has offered £1 a month since last summer which he has been doing so. Prior to this he had a debt management company handling his debts.

 

What steps should I take in order to defend him?

 

Under the particulars of claim is states the contract is "dated on or about Feb 25 2000" Does this suggest they do not have the original contract and so there legal basis for the claim?

 

I need to file the acknowledgement of service form soon, however I'm not sure whether I should be ticking the boxes for "I intend to defend all of this claim", "I intend to defend part of this claim" and "I intend to contest jurisdiction"

 

Any help would be appreciated.

 

Thank you

Claim Form_Redacted.pdf

[AndyOrch]

Hi Milly and Welcome to CAG

 

If you could read the following link and then copy and paste the Qs and your responses back here to enable the best advice on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[dx100uk]

I've had to unapproved your attachment as at least the password is showing

we don't need it anyway

 

just one point so far:

 

don't use the form

acknowledge the claim on the MCOL website

defend all

leave jurisdiction unticked.

 

you must select defend all else you'll get a CCJ by default

[AndyOrch]

I think it would be helpful Milly if you could flesh the bones a little and explain the history of the debt also.....was the debt included in his DMP or has he only made payments from last summer (2015)

 

Andy

[Milly2016]

Thanks Andy. I have read the link you sent and provided the information accordingly:

 

CCJ Claim form, Date of Issue: 25/7/16

 

So far I have taken no action apart from reading up to see what I should do next and what the options are.

 

I make the date we have to respond by as follows:

 

Acknowledge by: 12/8/16

File Defence by: 26/8/16

 

Claimant: Arrow Global Guernsey Limited (Restons Solicitors Limited)

Defendant: is my father

 

Particulars of Claim:

The Claimant claims payment of the overdue balance due from defendant under a contract between Defendant & MBNA

dated on or about Feb 25 2000 and assigned to Claimant on Dec 20 2011

 

Date: 16/3/16 Default Balance aprrox: £13k

Date: 27/6/16 Post Refri Cr £-6

 

Total approx. £13k

 

Type of debt: Credit Card (not sure what the original amount was). Debt was part of the DMP.

 

Looks like original agreement was around 2000 - I don't have details

 

Notice of Defaults sums was received this year from Arrow Global relating a loan originating with another bank.

Can't find one for this debt.

Not sure:

if a notice of assignment was received

if we was aware the account was assigned when the claimant said it happened i.e. 2011

if default notice was received form the original creditor

 

Although a statement was provided this year from Arrow Global showing payments of approx £5 up until recently when we changed it to £1.

 

I do not have historical statements - so don't know when payments were ceased. But it appears approx £5 was being paid monthly since at least 2012 for a number of years til 2015 at least

Last payment was for £1 last month to Arrow Global

 

Not aware of any dispute with the original creditor.

 

Although I believe there maybe PPI on the credit card I don't know for sure as I don't have paperwork. Since my dad was self employed the PPI would be classed as mis-sold if there was any on the account.

 

Background:

My dad was self employed (sole trader not a limited company) for many years and he accumulated several debts including this one which he could not pay off and had to close his business down as it was loosing money and he could no longer continue.

 

As my dad was self employed most of his life, I helped him get a job at a supermarket on minimum wage. There is no realistic chance that he will be able to increase his income in the short term as he is already doing overtime and he would find it challenging to find any better paying jobs.

 

He used a private debt management company for some time to help manage the debts and was on a payment plan.

 

When I found about his situation in the last year or so I cancelled the debt management plan as they were taking the bulk of the payment as fees and took advice from Stepchange and citizens advice bureau and followed it. Basically put a plan together so that he uses any income he has to pay off priority debts (arrears on utilities, council tax, mortgage etc) and then everyone else on what ever he could afford which is nothing. So we offered £1 per month for the various credit card and loan debts, which most accepted.

 

My dad has a joint mortgage with my mother on a flat they live in (purchased their council property on the right buy scheme a few decades ago). I don't think there is any prospect of obtaining a better mortgage deal due to the low income and poor credit history of my parents and so they will end up on the Paratus AMC SVR this year.

 

I am concerned that my mother will loose the flat due to my dad's debts and wish to avoid that if at all possible

 

Questions:

 

Should I make a CPR 31.14 request now?

Particulars of Claim suggest the claimant is unsure when the original agreement was entered into. Do you think that could mean they may not have the original agreement and therefore the debt is not enforceable?

What should the basis of our defence be?

What are the potential outcomes if we loose the case?

 

Thank you for helping us.

[AndyOrch]

Did you receive a Default Notice from the original creditor?

[Milly2016]

I don't know. I assume the default notice would be issued around the time the debt was assigned in 2011. We certainly don't have it.

[AndyOrch]

No ..it would have been issued after you defaulted on the the full monthly amount due....from the OC.

[Milly2016]

Ok. In the paperwork we have, it's not in there.

[AndyOrch]

Questions:

 

Should I make a CPR 31.14 request now? Yes to the solicitors and also a CCA request to the claimant

Particulars of Claim suggest the claimant is unsure when the original agreement was entered into. Do you think that could mean they may not have the original agreement and therefore the debt is not enforceable? They wont have it..they have to request it from the Original Creditor

What should the basis of our defence be? Wait to see what you response (if any) you get from the above

What are the potential outcomes if we loose the case? Well this will be a Fast track claim so costs are a risk subject to how far they wish to proceed...but test the water first.

 

Is the debt still showing on your Credit Files?

 

Andy

[Milly2016]

How do and where do I check if the debt is still showing on your credit files?

 

This debt does not appear on the credit file with noodle.

 

Will make the CPR 31.14 request and CCA request by tomorrow.

 

Don't I still need to file a defence within 28 days ie 26th august if the solicitor or the claimant does not respond in time?

 

Thanks

[AndyOrch]

https://www.google.co.uk/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=checking+my+credit+files

[Milly2016]

I have the CPR 31.14 request and CCA request drafted and ready to go.

 

However I'm not sure if I should mention I'm requesting documentation on behalf of my father,

as they may not respond or get back to me and wouldn't want this to delay things.

[AndyOrch]

Then don't inform them...send them as if they are from your father.

[Milly2016]

Ok thanks Andy

[Milly2016]

Hi Andy

 

My father received a response back from the solicitors (attached) in response to the CPR 31.14 request.

 

Attached CCA and CPR31.14 letter sent for reference.

 

In summary they say:

1. claim was issued in county court business centre (online) that allows for basic information and no attachments therefore Paragraph 5.2A of practice direction 7e does not apply.

2. contractual T&Cs would have been provided at the time of account opening, hence they see no reason why we would require an additional copy (We don't have any copies - waiting for the CCA request response)

3. Other documents requested are not mentioned in the particulars of claim (requested contract & assignment as it is mentioned in the claim)

4. Particular of claims contains sufficient information to file a defence

• the date of account was opened (the claim form does not specify a specific date)
  
• the account number
  
• outstanding balance
  
• name of original creditor
  
• fact that the account has been assigned to the claimant and when it was assignee.
  

5. letter ended with " we trust this clarifies matters"

 

Should we now ask the court to serve judgement in our favour and award summary of costs?

Does that mean any debt is not legal or enforceable?

What should we do next?

 

Thank you

Response to CPR 31.14 page1.pdf

Edited August 8, 2016 by dx100uk
CCA/CPR removed - please dont publish them in the open forum - re our rules dx

[dx100uk]

that's a std reply from rectums to a CPR request

if you go read other claimform threads involving rectums

 

nothing for you to do.

 

bar don't miss your def filing date

[Milly2016]

Okay. Thanks.

 

Then what defence to do we file?

[dx100uk]

not due until the 26th by 4pm

but most prob the holding paperwork def

which is in many threads here already

 

can we confirm

the PoC on the claimform is simply one line only?

[Milly2016]

Added snapshot of POC.

 

Essentially:

"The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and MBNA dated on or about Feb 25 2000 and assigned to the Claimant on Dec 20 2011"

 

Then details of default balance and a/c no.

[dx100uk]

post 22 here but READ the whole thread

and any other like ones

you need to understand what and why you are filing this

 

but NOT YET

 

weeks to go yet

 

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

[Milly2016]

Hi dx100uk

 

I don't see "post 22 here but READ the whole thread" http://www.consumeractiongroup.co.uk...cap1-card-debt

 

Received a response to the CCA Request today that was sent to Arrow Global.

 

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.

 

A few questions:

 

1. Are Arrow Global responsible or not under the CCA to provide the document requested?

2. If so, are they past the point of providing the document and therefore it's unenforceable?

3. Also, should we have sent the CCA Request to MNBA?

4. Are Arrow Global as claimant responsible for providing the document requested under the claim they have made against the defendant?

Response to CCA.pdf

[dx100uk]

Hi dx100uk

 

I don't see "post 22 here but READ the whole thread" http://www.consumeractiongroup.co.uk...cap1-card-debt

 

 

well if you read the whole thread..

yo'll simply see I got the post number wrong.

 

you are after a defence ...

in reply to the poc they used....

 

Received a response to the CCA Request today that was sent to Arrow Global.

 

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.

 

A few questions:

 

1. Are Arrow Global responsible or not under the CCA to provide the document requested? - yes

2. If so, are they past the point of providing the document and therefore it's unenforceable? - no

3. Also, should we have sent the CCA Request to MNBA? - no they sold it

4. Are Arrow Global as claimant responsible for providing the document requested under the claim they have made against the defendant?

 

yes as long as they are put to strict proof to do so under your defence

[Milly2016]

Can anyone please explain "Section 77/78 request"? I'm trying to put together a defence and not sure if this should be included. I'm not sure if what I have put together any good or have I missed anything? I need to file the defence by 26/08/16 but don't want to leave it to the last moment. Any help would be great

 

So far I have the following:

 

 

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 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 Procedureicon 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 August 21, 2016 by Milly2016

[dx100uk]

I have added in their poc

you need to ref to that

 

but what yo have is very close

 

a trick I use is to copy their poc into search cag box

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?461695-Cabot-Restons-claimform-Old-Lloyds-TSB-Loan

 

post 22 here is good

but will need adapting to YOUR DETAILS

[credit card

section 78

MBNA