Idem now Arrows/Shoos Claimform - old MBNA card debt stayed in 2016- now backdoor summary judgement!!

[irish guy]

Hello

 

I received the attached letter from Shoosmiths relating to a mbna credit card from 2003.

I defended a claim at Northampton CC in Sept 2016 they were unable to provide me with any information relating to the debt.

I have received the following

1. A letter -copy attached

2. A signed agreement although I'm not sure which card it relates to as I had 3 mdna cards

3.income and expenditure form

4.default notice from IDEM

5.default notice from mbna

6.Assignment letter from arrow

 

Not sure what to do next any advice would be much appreciated

IMG_20180417_0001.pdf

[irish guy]

Hi

 

I have already been through those steps back in 2016 responded to a claim from Arrow with CCA request etc and the case went no further until last week when I received the letter above ,I cannot locate the original claim paperwork .

 

I have completed as much information as I can below .Thanks

 

Name of the Claimant -- Arrow

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. I cannot locate original claim form as I defended it with help from this site and have not heard anything until last week.

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.-- Unsure

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?unsure

 

What is the value of the claim? £9000

 

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

When did you enter into the original agreement before or after 2007? 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. assigned to IDEM first then Arrow

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Not sure -and not enclosed with latest paperwork

 

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

 

Why did you cease payments? financial problems

What was the date of your last payment? May 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 management plan? NO

W

[irish guy]

Thank you see below all correspondence recd last week

IMG_20180418_0001.pdf

[irish guy]

There are no other t&cs included just the half pages I attached ,

What should I do next ?

 

Thanks

[irish guy]

Thank You will update if I hear anything

[irish guy]

Hello

I received this letter

Arrow global V xxxxxxx

Lender MBNA

Account ref xxxxx

Claim number xxxx

 

We write in reference to the above matter.

Please find enclosed a copy of our application for a summary judgement which has been filed with the county court business centre today.

 

At this stage we ask that you consider your position and confirm if you are willing to consent to our clients application.

It may be that our client would be willing to forego the recovery of some of its legal costs but this is something we would need to discuss with you before seeking further instruction.

 

Please therefore contact our office by no later that 4th July 2018 to confirm your position in response to the application .

 

We look forward to hearing from you .

 

Also include is the Application notice

 

The order they are seeking is .

 

The claimant seeks an order that the stay of proceedings be lifted ,

the defendants defence be struck out pursuant to CPR3.4 and/or the claimant be granted summary judgement pursuant to CPR 24.2 in the terms of the draft order attached ,

 

against the defendant because the defence discloses no reasonable ground for defending the claim and/or has no real prospect of successfully defending the claim and there is no compelling reason why the case should be disposed of a trial.

 

Not sure what I should do next ?

 

Thanks

Edited June 27, 2018 by dx100uk
spacing

[irish guy]

its shoosmiths i have attached the paperwork

IMG_20180627_0002.pdf

IMG_20180417_0001.pdf

[irish guy]

Thanks

So who do I send the witness statement too ? and when do I send it ? Should I call shoosmiths before 4th July ?

[irish guy]

They asked me to confirm my position by that date

[irish guy]

ok fair enough ,will wait and see what happens

[irish guy]

Hello 

 

Looking for some help again , this relates to the above thread from 2018 .

 

The claim was struck out in 2018 and i have not had any correspondence for anyone until 31/5/2022

 

i received a letter for Leeds saying my case has been issued a new claim number.

 

I was expecting a letter/ claim form with a date for a hearing but nothing received from the court until Friday when i receive a general form of judgement or order letter ,

 

it appears a hearing took place and a judgement was made against me for the full amount claimed (over 9k) plus costs 

 

Wonder what i can do about this ?

 

Thanks 

 

here are the 2 letters from the court 

General form of judgement .pdf 2022-08-27_212031.pdf

[irish guy]

no i live at the same address 

[irish guy]

thanks for the advice , anything in particular l should mention in call ? apart from explaining whats happened 

 

i definitely did not receive a letter from the court regarding a hearing and i didnt receive any calls on the day which was the 16th of august as they said they attempted to contact me i have taken a screen shot from my mobile phone for that day , i have had the same mobile number for 28years 

 

[irish guy]

Update - I have spoken to Leeds CC 

The girl on the phone was helpful but didn't give too much away

 

i questioned why i had not received a letter informing me of the hearing and she couldn't really tell me .

Also questioned about the phone calls and she said they didn't have a number on record for me and suggested they may have relied on a number given by the claimant.

 

I expressed how annoyed i was that a judgement had been passed in my absence without me knowing of the hearing and she said i should apply to have it set aside using N244 .

 

I have completed this can someone read the witness statement (attached)  and let me know if i should include anything else 

 

Also before i fork out the £275 fee what is the likelihood of me being successful ? in getting it set aside Witness statement .pdf 

 

anyone got any advice please ? 

[irish guy]

Good Evening 

I paid the £275 to Leeds CC to get the judgement set aside in view of the lack of notification.

Have now received paperwork from Birmingham CC my local court for a hearing on XX/02/2023 

The hearing is via BT meet me and its a hearing "of the defendants application for judgement to be set aside" .

 

Any tips on what paperwork i should submit i have been given a "joint hearing bundle index " form to complete and submit 7 days prior to the hearing 

 

 

[irish guy]

Good Afternoon 

 

i have received the attached letter from DrysdenFairfax, please can someone have a look at it please 

I have not responded to the court yet for the hearing to be set aside ,i am within the timescales ,hearing is 17.2.2023 

They say they wrote to me with details of the hearing but i dint receive anything and definitely nothing for the court ,Leeds CC acknowledge they didnt write to me  

Any advice would be much appreciated 

 

Drysden 15 01 2023 noinfo.pdf

[irish guy]

Thankyou i had a feeling you might say that, i will submit the paperwork and hopefully got the judgement set aside and go from there 

[irish guy]

Am i correct this hearing is just to get the previous judgement obtained through the back door set aside .

Is the judge likely to go through all the in and outs of the debt should i be prepared 

 

[irish guy]

hi 

 

Yes i did submit a basic statement (uploaded) to leeds cc 

The paperwork says "The hearing of the defendants application for judgement to be set aside -

45 minutes have been allocated for the hearing 

 

you have put some doubt in my mind if this is a full hearing or noe 

Witness statement .pdf

[irish guy]

 In aug 22 i never received a copy of the application and didnt receive anything from the court , i spoke to Leeds CC about this and the clerk wasnt able to tell me where the letter had been sent.

The claim was stayed in Northampton CC in 2016 

Correct Leeds CC failed to inform me a hearing was taking place and on the date of the hearing they tried to phone me but i didnt have any missed calls  

 

I will prepare to defend on the hearing in a couple of weeks as i feel its more that a set aside hearing .

[irish guy]

Hi 

Just an update and hopefully finally closure .

Had a court hearing and the judge set aside the judgment based on discrepancies in the paperwork relating to account numbers and  incomplete credit agreement .

she also queried with the claimant about the timescales and delays ,so fingers crossed unless they have some other evidence to back up the claim that may be the end of it 

Thanks for the help and i will donate when i get paid