Arrow global /MBNA county court claim form Help please

[alane29]

In order for us to help you we require the following information:-

 

 

 

 

Claimant: Arrow Global Limited

Issue date 9 / 8/ 2016

 

What is the claim for –

 

1.The claimants claim is for the sum off £9500 being monies due under a regulated agreement between the defendant and MBNA europe and assigned to the claimant on **/11/2015 notice of which has been provided to the defendant .

 

2. The defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

 

3.The complainant claims the sum of £9500

4. C has complied as fas as is necessary with the pre action conduct practice direction .

 

 

What is the value of the claim? £9500

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? in 2003

 

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. - Arrow

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Not aware of this

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Not sure

What was the date of your last payment? Dec 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 managementicon plan? No

 

Hello

 

Received the above claim on 12 8 2016

,I was unaware of this debt until i received the paperwork ,

I was not living at my address for 2 years as i was renovating it and moved back in april 2016 .

 

I was receiving post there but dont recall and default notices .

 

Any help would be much appreciated

 

Thanks

[shamrocker]

"I was unaware of this debt until i received the paperwork"

 

Did the account have an unpaid balance in Dec 2012 when the last payment was made?

[alane29]

I had a few MBNA cards and other cards back then and got into difficult financially ,there must have been a balance outstanding .

[shamrocker]

Ok, just wanted to clarify that.

 

You need to acknowledge service on the Money Claim Online website, using the details on the court claim form.

 

 

Then you need to get a CCA request off to the claimant

and and a CPR request off to their solicitors.

 

 

Then start reading up on similar threads so as to familiarise yourself with the process and the type of defence used.

 

 

You have 33 days from the date of issue to submit your defence.

[alane29]

Thanks . If im going to dispute it what defence would be best

[shamrocker]

I would definitely defend all. A 2003 MBNA claim is likely to keep them busy.

 

For a suitable defence, read this thread and note post #32 - http://www.consumeractiongroup.co.uk/forum/showthread.php?460874-HPH2-Cohen-Claim-Form-barclaycard-debt-***Claim-Discontinued***/page2

 

This is a good template to base your defence on. Change it to suit your own claim. Make sure you post a draft up here for Andyorch to see before you submit it. In any case you don't need to submit it for a while yet - get the CCA & CPR requests running pronto - note reference to them in the defence in the post above.

 

Finally, don't forget to acknowledge the claim straight away. If you get the process right at the start, it will make your like a lot easier down the line.

 

Sham

[dx100uk]

But please don't file any def yet

That's weeks away!!

 

Urm £9k...is that all your doing?

[alane29]

Thanks for everyones help ,i sent off the 2 requests last week ,so my next step is to work on the defence

[alane29]

How long do i wait before i send in a defence ,i have started composing it .The papers were issues on 9/8/2016

[shamrocker]

Your deadline is 33 days from the date of issue. Friday 9th September is when you need to submit by, otherwise you run into the weekend.

[alane29]

ok thanks ,will post it up here once its complete

[alane29]

Update 26 8 2016

Recd a reply from Shoosmith as follows

 

 

We write with reference to the above matter and your recent correspondence dated **/08/16.

We acknowledge receipt of your request under the consumer credit act 1974 and the cheque for 1£ ,We can confirm that we have forwarded this request to Arrow Global ltd who will now endeavour to comply with your request.#

Please note however that we have issued a county court claim against you on **/08/16 you are therefore still required to respond to the court in relation to this.

Should we fail to receive a response to the claim by **/08/16 we will be at liberty to request a county court judgement against you without further contact or notice .

Should you have any other queries ,please do not hesitate to contact our offices on ......

 

 

 

 

Any thoughts ?

-I have already acknowledge service and defend all .

Will submit a defence over next few days

[dx100uk]

std willy waving meant to unsettle you

you file 9th sept regardless

 

 

what is the second date AOS?

[alane29]

excuse my ignorance whats AOS ?

[dx100uk]

ack of service on mcol?

what are the two dates you've removed them

trying to workout why the fleecers think they are important.

[alane29]

9/8/2016

29/8/2016

[dx100uk]

cant see the relevance of 29/8

unless its some office junior that thinks because day 19 [as I eluded too your {AOS] date]

falls on a Saturday they think AOS gets done on the next working day. weird...

[alane29]

wasn't sure about the 29th either

[alane29]

My first attempt at the defence ,

 

 

1.The claimants claim is for the sum off £9500 being monies due under a regulated agreement between the defendant and MBNA europe and assigned to the claimant on **/11/2015 notice of which has been provided to the defendant .

 

2. The defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

 

3.The complainant claims the sum of £9500

4. C has complied as fas as is necessary with the pre action conduct practice direction .

 

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. I have in the past had an agreement with MBNA but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, acknowledgement of this was received by the defendant stating they have forwarded the request to Arrow Global Ltd who will endeavour to answer my request .

Therefore the claimant is and remains in Default of said s78 request.

 

5. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied,to date nothing has been received.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is to :

 

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

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

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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

 

8. 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 September 5, 2016 by Andyorch
Added missing parts

[dx100uk]

para 5 a bit flaky?

 

 

dx

[dx100uk]

that's better ..

remove the last line of point 5 and put

The claimant has not complied, to date nothing has been received.

[alane29]

thanks guys great help

[alane29]

My defence has been submitted -so i guess i sit and wait to see what happens

[alane29]

Small update

Recd a letter from Northampton

Dated 8-9-2016

 

I acknowledge receipt of your defence .

A copy is being served on the claimant (or the claimants solicitor) .

 

 

The claimant may contact you direct to resolve any dispute .

If the dispute cannot be resolved informally ,

the claimant will inform the court the he wishes to proceed.

The court will then inform you what will happen .

 

Where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of your defence.

 

 

After that period has elapsed the claim will be stayed .

The only action the claimant can take will be to apply to a judge for an order lifting the stay .

 

Nothing received from arrow or their solicitors .

[dx100uk]

std court response

 

 

dx