Arrow/Shoosmiths re old MBNA c/card account..Claim 1

[snowdog]

Hello all,

My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum!

 

I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment.

 

Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication.

 

I probably ignored and binned any correspondence from around this time.

 

Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account).

 

I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend.

 

Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?

[AndyOrch]

Hi snowdog and welcome to CAG

 

I would suggest you start another thread...(one for each claim) otherwise this will get complicated. I will re title this thread claim 1.

 

Read the following link and then copy and paste your responses back here for further advice.

 

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

 

Regards

 

Andy

[snowdog]

Name of the Claimant - Arrow Global Limited

 

Date of issue – 05 August 2016

 

Date of issue 05/08 + 19 days ( 5 day for service + 14 days to acknowledge) = 24/08 + 14 days to submit defence = 06/09 (33 days in total) -

 

 

What is the claim for – the reason they have issued the claim?

 

1 - The claimant's claim is for the sum of £2576 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant.

2 - The defendant has failed to make 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 claimant claims the sum of £2576

4 - C has complied, as far as necessary, with the pre-action conduct practice direction.

What is the value of the claim? £2576

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account

 

When did you enter into the original agreement before or after 2007? - 1996

 

Assigned - Debt purchaser (Arrow Global) has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent.

 

Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so.

 

Why did you cease payments? - unsure - possibly 2010

 

What was the date of your last payment? - unsure - possibly 2010

 

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? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.

[dx100uk]

ok welcome aboard..

 

 

get a CCA request running to the claimant

and

a CPR 31:14 running to rectums

 

 

don't sign anything

leave the £1PO Blank and uncroseed.

 

 

wont hurt to go ring MBNA and ask when the last payment was

 

 

regards

 

 

dx

[snowdog]

Thank you for the kind welcome and advice.

 

As instructed, I've completed a CCA Request to Arrow Global, the claimant, and a CPR 31:14 to Shoosmiths, the solicitors.

As I'm not too good with computer documents and formatting and printing, it took me a couple of hours and help from my granddaughter to complete haha.

 

I'll post everything recorded and include the blank PO with the CCA Request.

 

I managed to dig out some correspondence which shows that MBNA transferred the debt to Idem Servicing in September 2012. I had been paying reduced, interest free payments directly to MBNA until that time, but then no further payments were made after November 2012. I stopped them after learning of the transfer.

After that, I had contact from at least four more different debt collection agencies, each saying they now owned the debt.

 

I was wondering about how to submit my defence to the court claim as it is due by around 06/09/16 (in about a weeks time) but as I'm only posting the requests today, I probably won't hear anything back by then?

 

Thanks again.

Edited August 31, 2016 by snowdog
font

[dx100uk]

as other claim thread

 

 

dx

[snowdog]

No, I think I paid my monthly payments on time to MBNA whilst I was able to afford them, then when I lost my job I agreed reduced interest free payments with MBNA until they sold them to Idem at the end of 2012 at which time I stopped the payments all together.

 

I then seem to recall a succession of dc agencies contacting me to say they own it now - Arden, Fredericksen, Mackenzie Hall are a few I recall.

 

Due to my mental state during that time, I simply buried my head and ignored all the letters and daily telephone calls. I maybe should have manned up and contacted you guys earlier...

[dx100uk]

no nothing to man up about shame you didn't fob them off earlier...

 

that is a very scant poc

typical reasons act as they cant be bothered as they hope of a default judgement

they know as well as we do that an mbna cca from 1996 will be like rocking horse spit..

 

as with your other claim of the same...

go investigate a defence...

 

its funny that arrows are using a poc by MDKP

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423377-County-Court-Claim-MKDP-LLP-HSBC-Credit-Card***Claim-Discontinued***

 

 

and also not claiming s69 int...urm........

 

 

defence is there too

 

 

dx

[snowdog]

CCA and CPR 31:14 were sent as directed a few days ago. Obviously I've had nothing back as yet.

 

My defence is due in a couple of days but I'm currently in the middle of a 7 day 14 hour night shift week at work zzzzz.

 

Can you recommend an appropriate defence that I can use during my one spare hour when I'm not sleeping or working? Should I use the one you mentioned in your last reply?

 

Thanks again.

[dx100uk]

don't file it yet mind

get it checked

copy and paste it here

and change it for your info

should be 99% ok mind

[snowdog]

My first defence draft - needs to go tomorrow so any help/advice/corrections appreciated. Thank you -

 

1.The claimant’s claim is for the sum off £2576.39 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No. xxxxxxx) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant .

 

2. The defendant has failed to make 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 £2576.39

4. C has complied, as far 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 Europe Bank Limited, 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. To date, nothing has been received.

 

6. A further request was sent via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. To date nothing has been received.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof 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.

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as 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

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

look good to me

 

 

let andyorch ok first mind..

[snowdog]

look good to me

 

 

let andyorch ok first mind..

 

Do I need to contact andyorch or will he be along soon?

Thanks so much for your prompt and helpful replies dx.

[dx100uk]

already subbed will be getting alerts

like you do when anyone posts

[AndyOrch]

[snowdog]

Thanks Andy and dx - defence just submitted with relevant account numbers to mcol.

 

What usually happens next and is there a rough timescale of likely events?

Do I need to respond or take further action if and when I receive replies from Arrow or Shoosmiths in the meantime or should I just keep updating here?

[AndyOrch]

Keep updating here..although they have 33 days to respond and inform the court if they wish to proceed...if after that with no response the claim is stayed.

[snowdog]

Quick update and question please.

I have received a written acknowledgement of my defence from the court (I assume this is standard) but it's been 14 days now since the CCA and CPR 31:14 were signed for as received by Arrow and Shoosmiths respectively.

Is there a time limit for them to respond?

(Andy already replied on claim 2, thanks)

[AndyOrch]

Yes for the CCA Request 12+2...not the CPR but they wont comply to either...so put it out of your mind until /if you receive notification from the court that the claimant wishes to proceed.

[snowdog]

Latest update - today (four weeks after the CCA request was signed for) I received a letter from Arrow and my £1 p.o. returned to me.

It would appear to be a standard template type letter that Arrow are currently sending out looking at other similar threads :-

 

DATE 28th September 2016

 

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

 

We confirm that all collection activity will be suspended pending provision of the documentation.

 

We return your payment of £1.00

 

A couple of questions please -

 

Am I right in assuming that they had 12+2 to reply and it has been four weeks so does this affect anything legally?

 

It's around 24 days since my defence was filed so what would probably be the next thing to happen?

 

Thank you again.

[dx100uk]

Nope

 

It'll get autostayed

[snowdog]

Thanks for the quick reply dx.

Excuse my ignorance in these matters but what does stayed actually mean?

Would they have to submit a new claim if they wanted to reinstate it?

What happens to the court/legal fees when it's stayed?

 

Thanks again

[dx100uk]

Its a speculative claim

Hoping to get rubberstamped

You defended upset the clowns

 

From the date you filed that defence

They have 33 days to do 'something'

If they don't its parked stayed whatever

 

Then they'll have to pay more fees to go further

[snowdog]

Just a quick update - today I received a letter direct from MBNA, I assume as a result of my CCA request to Arrow? -

 

Dear Mr....

A/C No xxxx

Enclosed you'll find your current MBNA Credit Card terms and conditions - we've sent these to you either because you requested a copy,

or you've added your card to a mobile device.

 

We hope you continue to enjoy the benefits of your credit card account....

 

Attached is then seven pages of a CCA regulated by the Consumer Credit Act 1974

 

Anything I need to do or be concerned about?

 

Also, it's now over 33 days since my defence was filed (nothing showing since then on MCOL), do I just wait to see if they have taken further action?

If they haven't or don't, does the 'stayed' position just hang around forever and could it maybe be reinstated at any time and does it still affect my credit rating?

 

Thank you again!

[dx100uk]

Stayed is just that

Stayed

Parked

On hold

Going nowhere

Doesn't effect credit

Next move is the claimants

 

Scan up the the CCA return