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Arrow/Shoosmiths re old MBNA c/card account..Claim 2


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Name of the Claimant - Arrow Global Limited

 

Date of issue – 05 August 2016

Date to acknowledge= 24/08 + 14 days

date 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 £1547 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 £1547

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

What is the value of the claim? £1547

 

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.

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 futher 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.

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prob twill be the holding/no paperwork one on many thread in this forum.

 

 

was there ever any period of 6yrs whereby you never used or paid for the card?

they'll be ruddy lucky to get an agreement out of MBNA for that date!

 

 

there was a large portfolio of mbna cards that were sold to idem decades ago

it appears these have now been phished on again in a list

and arrows are hoping they will get default judgements as they are so old

and people would have moved since last informing mbna/idem of a change of address.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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...

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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.

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

 

Particulars of Claim (for reference only)

 

1.The claimant’s claim is for the sum off £1547.19 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 £1547.19

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.

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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?

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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thanks andy

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

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?

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 months later...

Just wanting to check - I've heard nothing from anyone (Arrow, Shoosmiths or Court) since October.

Do I just try and forget about it?

In your experience, is it likely to raise its head again?

Will they be searching for more documentation?

 

I know I shouldn't worry but I do!

 

Happy New Year to everyone and thanks again.

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as post 13

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

An update -

 

Over the last year, I've had maybe three further letters from Arrow offering a discount or installment option to help 'facilitate settlement'

I did not contact them in any way.

 

On 16/11/2018 I have received a large envelope from Arrow running to around 80 pages.

 

The opening letter states -

 

We write regarding the above matter.

Please find enclosed a copy of our notice of change of solicitor, a copy of which has been sent to the court.

 

As we have not yet received your proposals for payment of the account, we have lodged an application with the Court for summary judgement.

 

You will receive a copy of the application together with a notice of hearing in due course.

Should you have any queries in the meantime we remain available on the number below....

 

There is their notice of change of legal representative stating that Shoosmiths have ceased to act for them and that Arrows in house Litigation Executive, Hannah Rainbow will now be acting in person on this claim.

 

Then there is a copy of an Application notice seeking an order for the stay on proceedings to be lifted, and for summary judgement pursuant to

CPR 24.2(a) (ii) and (b) and/or an order striking out the defendant's defence pursuant to CPR r3.4 (2) (a)

The claimant pleads that the defendant's statement of case discloses no reasonable grounds for defending the claim.

The claimant further pleads that the defendant has no real prospect of successfully defending the claim.

 

The claimant draws the defendant's attention to the CPR 24.5 (1) (a) and (b) which states that if the defendant wishes to rely on written evidence at the hearing, he must file the written evidence, and serve copies on every other party to the application at least 7 days before the summary judgement hearing.

 

Also attached are 80 or so pages which comprise of their representative's witness statement and what they have titled exhibits HR01 to HR10 which are copies of letters from themselves, Idem and Capquest to me including notice of assignment, statements of last payments made to the account (November 2012), the signed MBNA agreement from 2001 and a 'reconstituted copy of the terms and conditions' all of which I believe I have previously uploaded copies of on here.

 

Today, I checked the MCOL site which had previously stated - Your defence was received on 06/09/2016 and it has today been updated to -

Your claim was transferred to MIDDLESBROUGH on 19/11/2018

 

This was one claim out of two I have with the same company at the same time on this forum but I am yet to hear anything further about the other claim?

https://www.consumeractiongroup.co.uk/forum/showthread.php?468970-Arrow-Shoosmiths-re-old-MBNA-c-card-account-Claim-1

 

If anyone could be kind enough to advise me on what this means and what will happen next and a likely rough timescale of things, I would be very grateful. Also is there anything further I need to do at this time?

 

Many thanks as always

Edited by dx100uk
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so the docs for your other MBNA debt they've used in this claim now?

so its the same card?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx,

No the docs they have provided purely relate to this claim.

I have had no further contact or letters regarding my other claim https://www.consumeractiongroup.co.uk/forum/showthread.php?468970-Arrow-Shoosmiths-re-old-MBNA-c-card-account-Claim-1 since the defence was filed over two years ago.

 

They are two different cards/accounts but both with MBNA and both assigned to Idem at around the same time.

I was advised to start a separate topic for each claim on here.

 

Maybe Arrow are testing the water with this one before proceeding with the other?

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I think I see what you're getting at dx - the documents I uploaded on the other topic https://www.consumeractiongroup.co.uk/forum/showthread.php?468970-Arrow-Shoosmiths-re-old-MBNA-c-card-account-Claim-1

 

are correct relating to that account. As far as I can recall, this is the first time that I have seen terms relating to this particular account

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sadly it might be best to scan up everything minus all bar 1 of the statements

one multipage pdf read upload

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
:madgrin: ok

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi again, Not being the most tech savvy guy, it's taken me 12 hours over the last two days to scan, redact, convert the files to pdf, save as one document and then compress following your comprehensive upload instructions above.

 

The pdf however still runs to 61 pages after removing all but the latest statements and measures 18mb after compression.

I just wanted to check that this is ok to upload now or do I need to adjust anything?

 

Many thanks

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No you are ok

I'll deal with the size if needs be

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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