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    • So I make a post and ask you some questions and you then go in and make a response which deals with something completely different and which ignores the questions which I have asked completely. I do see how we can move forward on that basis
    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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65Chap

Arrow/drydens claimform - old MBNA/Alliance & Leicester Credit Card

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Name of the Claimant - Arrow Global Guernsey Limited

 

Date of issue – 13th October 2017

 

What is the claim for –

1.The Claim is for the sum of £5984.20 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXX under which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3 The balance owed was assigned from MBNA to the claimant and the defendant has been notified by letter of the assignment by letter.

 

What is the value of the claim? - £6494.20

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? probably around 1999 and originally with Alliance & Leicester.

 

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. ARROWS

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I may have done but don't remember for sure.

 

Did you receive a Default Notice from the original creditor? Again possibly, but I don't remember clearly.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year went through a period at a different address and also had a lot of unopened mail...so as before, I can only say these may have been received.

 

Why did you cease payments? The company I worked with at that time, went into Liquidation and my income was then drastically reduced and hence I could not keep up with the payments on my Cards and loan. The situation was impacted further, by a couple of heart attacks and another since.

 

What was the date of your last payment? As far as I'm aware, not since around 2008. I had been making payments to some creditors in 2015, but I don't recall this being one of them.

Was there a dispute with the original creditor that remains unresolved? No, I don't recall a dispute with the original creditor.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

Yes, first in 2007 to Alliance & Leicester.....

this in respect to the specific debt detailed here and also other debts/loans on cards and a bank.

This is something I arranged myself with each of them

- first stopping all the substantial PPI premiums I was paying on each;

requesting the interest to be frozen [agreed]

and then paying a percentage of the usual monthly payments, pro rata the size of each debt.

Assuming MBNA took the card over from A. & L. at some point,

I don't recall having had any communication with them at all.

 

This is a new CC claim I've received from Arrow Global, regarding an old MBNA/Alliance & Leicester credit card.

 

 

The questionnaire completed below.....as had be requested in another thread I was being helped with.

The "claim for" details provided are as written on the claim form.

Thank you.

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go ring MBNA and ask the last payment date.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Well I called MBNA and they advised the last payment received by them was for £23.19 on the 31st October 2007.

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so unless you paid someone else then its statute barred.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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That is what I am hoping for but...

...I've found a letter I sent from January 2008, that references this old A.& L. account and increases the £23.19 payment to £25 per month, but it's to a different DCA.

 

I don't recall for how long that lasted

- certainly not more than a year or so anyway,

I'm still not 100% sure, that this account was not one I was making token payments to in 2015.

 

I don't believe I was....but with this uncertainty,

should I first proceed with the CCA Section 78 and CPR31.14 letters anyway and respond to the claim at the MCOL website? Thanks...

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yes always

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

dx

 

 

FYI: A&L credit cards were always administered by MBNA

 

whose the dca you paid too:?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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AOS now done at MCOL website this morning.

 

CCA Request letter + £1 PO sent today recorded

CPR 31.14 Request letter sent today recorded

 

Thanks for the FYI re A. & L. cards and MBNA

 

Seems the other DCA was First Revenue Assurance

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First Revenue Assurance are arrows.

 

so do you know the bank account or card you used to pay MBNA then First Revenue Assurance?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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On making some calculations, total payment made to the DCA after the balance was transferred to them in October 2007 was £400....which at £25 per month = 16 months and hence the last payment made at that time, would have been February 2009......so more than 8 years ago.

 

As previously mentioned, I was making token payments on some accounts during 2015 and via a pre-paid Card. I don't think this one was included, but today I can call that Bank and order statements for years not available online. Thanks...

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Lost the focus on this one for a number of reasons, but here is the latest timeline update as of today, 21st November.

 

25th October - Sent CCA and CPR requests by Recorded Delivery

14th November - Found paperwork confirming this claim is NOT Statute Barred.

14th November - The 33rd day following the claim date and 19 days since the CCA/CPR request submitted and as no reply to this, at the very last minute I filed at the MCOL website a CPR r 16.5 (3) defence etc and stating no response to CCA/CPR request - rest of the wording identical to a previous claim as discussed here on CAG.

16th November - Letters received from Claimant and Solicitor acknowledging the CCA/CPR requests.

18th November - Letter received from the Court acknowledging receipt of my defence and that this will now be served on Claimant/Solicitor, with 28 days for them to proceed or this is stayed.

 

Shall I edit and upload these 3 letters? Thanks...

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Nope no need


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Lost the focus on this one for a number of reasons, but here is the latest timeline update as of today, 21st November.

 

25th October - Sent CCA and CPR requests by Recorded Delivery

14th November - Found paperwork confirming this claim is NOT Statute Barred.

14th November - The 33rd day following the claim date and 19 days since the CCA/CPR request submitted and as no reply to this, at the very last minute I filed at the MCOL website a CPR r 16.5 (3) defence etc and stating no response to CCA/CPR request - rest of the wording identical to a previous claim as discussed here on CAG.

16th November - Letters received from Claimant and Solicitor acknowledging the CCA/CPR requests.

18th November - Letter received from the Court acknowledging receipt of my defence and that this will now be served on Claimant/Solicitor, with 28 days for them to proceed or this is stayed.

 

Shall I edit and upload these 3 letters? Thanks...

 

But a copy of your defence would be useful for future reference.


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Below is the Defence I submitted at 11.30pm on the last day and although probably not ideal, I figured this was better than none at all and would at least, hopefully avoid the default judgement.

 

Particulars.....

 

What is the claim for –

 

1.The Claim is for the sum of £5984.20 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNAicon under account number XXXXX under which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3 The balance owed was assigned from MBNA to the claimant and the defendant has been notified by letter of the assignment by letter.

 

 

 

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 and it is accepted insofar that I have once held a contractual relationship with XXXXXXXXX . However I do not recollect the details nor am I aware of any outstanding balance that the Claimant refers to and have therefore sought clarity from the Claimant who have been unable to disclose any further details by way of a Section 78 and CPR 31.14 request.

 

3. 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.

 

4. On receipt of this Claim, the Defendant requested information pertaining to the Claim from XXXXXXXXX Solicitors by way of a CPR 31.14 request. This was posted 1st Class Recorded Delivery on the 25th October 2017 but no compliant response or the information requested has been received to-date.

 

5. The Defendant also requested information pertaining to this Claim from the Claimant, XXXXXXXXX by way of a Section 78 request. This was posted 1st Class Recorded Delivery on the 25th October 2017 but no compliant response or the information requested has been received to-date.

 

6. 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;

 

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

 

8. 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.

 

9. 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.

 

In case there is some relevance, here is a brief summary of those 2 letters received:-

 

The Solicitor letter acknowledges the CPR request dated 25th October and that they are currently in contact with their client regarding the relevant documents. Further states that on receipt of these, they will agree to a 28 day extension re CPR 15.5, in order for me to file my defence.[?]

 

The Claimant letter also acknowledges the CCA request and states - ".....we do not accept we are the creditor as envisaged by the CCA 1974 statute" - but that they willing to assist in obtaining the required documents. Further states they will - ".......suspend collection activity in the meantime....accept for the Court proceedings, which will follow the timeframe set by the Court".

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both std replies

who the sols


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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shame paragraph 2 the default notice wasn't brought into the defence


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Drydens......

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