Arrows/Shoos claimform - old M+S Credit Card debt

[AndyOrch]

The POC state in 1. that notice of the assignment has been provided to the defendant.

in 2. that a default notice has been served.

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

 

Should I not refer somewhere to the solicitors' letter stating QUOTE You are not a party to the agreement they have with the seller, MBNA Europe Bank Limited, and are not entitled to a copy of the Deed of Assignment UNQUOTE

 

No...because a) its not referred to within their particulars and b) your not entitled to see the Deed of Assignment unless by way of a court order.

 

Plus you have already covered it in your point 3 (Notice of Assignment)

[AA99]

My defense letter is OK is it? I've just been on to MCOL to see how to submit it but you have to go a page at a time........ Do I type all that letter again or can you copy and paste on their website?

 

Also, do I not say anywhere that I requested documents under CCA and CPR?

[dx100uk]

you simply copy and paste it

[AndyOrch]

Well you have put CPR 31.14 but not CCA so amend it to reflect the same.

[AA99]

Not being familiar with legal jargon, what is the relief referred to in No.7 in the defence letter? Is that the right word to use?

[AndyOrch]

Yes its the correct word...relief from the agreement and relief to sue you for breach

[AA99]

Defence submitted online today.

[AA99]

Acknowledgement of receipt of defence received from HM Courts today.

[dx100uk]

then the clock is ticking

[AA99]

HM Courts receipt of defence dated 3rd November, received on 7th November, nothing else received since.

 

Do the court stay the claim and should it appear on my MCOL ?

[AndyOrch]

HM Courts receipt of defence dated 3rd November, received on 7th November, nothing else received since. (Informs you what happens after you submit your defence on that notice)

 

Do the court stay the claim and should it appear on my MCOL ?

See above and No to MCOL

 

Andy

[AA99]

Arrows letter received today:

2017-01-10 Arrow letter.pdf

[AndyOrch]

Yes...we still do not understand that response.... been flying around the Forum for over 2 years.

 

If they are not the creditor then they cant issue court claims in their name...

 

If they bought the debt they are the assignee and now responsible under that legislation

 

Andy

[AA99]

I thought that!?!?!?

 

What to expect next?

I believe it becomes statute barred in May.

[AndyOrch]

I thought that!?!?!? What to expect next? I believe it becomes statute barred in May.

 

No the clock stopped when they issued the court claim....4th Oct 2016

[AA99]

Copy contract received today from Arrows, signed and dated 10 May 2007.

 

Again, it's taken me the best part of this afternoon to upload these docs, hope they're OK this time, phew!

2017 CCA return.pdf

[AndyOrch]

Okay so they have the agreement....what about the Notice of Assignment and Default Notice ?

[AA99]

Do I need to write to them for that?

[AndyOrch]

No...you already have asked.....its up to them now if they feel they have all the documents to proceed..they will make application to lift the stay.....nothing you can do now until /if they do.

[AA99]

Thanks Andyorch. That request is made in the CPR to Shoes, yes?

[AndyOrch]

Thanks Andyorch. That request is made in the CPR to Shoes, yes?

 

Yes which you sent last October.

[AA99]

Good day good people!

 

I have committed the ultimate crime by shelving a letter from Shoos due to extenuating personal circumstances.

 

I received the attached letter dated 25 April together with:

1. Income & Expenditure form for completion;

2. 2-page signed CC Agreement form dated 10 May 2007;

3. 2-page Statement of Transaction up until 17 February 2008;

4. Copies of statements from 31 July 2009 to 28 February 2013

 

Today I have received the attached letter dated 18 July 2018 with exact same enclosures.

docs1.pdf

Copy credit agreement.pdf

[AndyOrch]

And the 2 page agreement ?

[dx100uk]

can you scan up the agreement please as andy asked too?

[AA99]

After all these years, you are still a star!

You restore my faith in mankind

 

I shall endeavour to upload redacted pdfs tomorrow.

The link takes me to my redacted pdfs though so it may take a while.........

Thank you so much once again, and I shall strike tomorrow!