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

[AndyOrch]

Hi and Welcome to CAG

 

If you could read the following link and the copy and paste the Q,s and your responses back here with all the details and history of the debt to enable the correct advice on how to proceed.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Regards

 

Andy

[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

[AndyOrch]

Well we still need as much information on the history of the debt/dispute to be able to advise.

 

If you could scan and redact and upload all the documents the claimant has disclosed..

 

Regards

 

Andy

[irish guy]

Thank you see below all correspondence recd last week

IMG_20180418_0001.pdf

[dx100uk]

where the rest of the CCA return?

there should be pages of T&C's

 

if you read the letter carefully it actually a discount letter.

[jon8214]

that default notice is not worth the paper its written on either

[irish guy]

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

What should I do next ?

 

Thanks

[AndyOrch]

Nothing...wait until they do actually make application for Summary Judgment...the court will confirm.

 

 

Andy

[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

[AndyOrch]

Who is the Solicitor Acting ?

 

Have they attached a witness statement in support of their application ?

 

If so please scan/redact/upload.

 

 

Andy

[irish guy]

its shoosmiths i have attached the paperwork

IMG_20180627_0002.pdf

IMG_20180417_0001.pdf

[dx100uk]

please read upload properly

don't use a pen to redact things

all of your details are clearly visible in the exhibits pdf

now hidden

 

kill QR code boxes and Barcodes too!

[dx100uk]

where are the T&C's

and the Default notice?

[AndyOrch]

Thanks...and we already have all the exhibits they refer to.

 

So its your choice...do you wish to oppose this application ?

 

If so you must submit your own WS in response and objection as to the flaws and deficiencies of the paperwork they refer to ...this must be submitted and served not less than 7 days of the hearing date...which the court will inform you.

 

 

Andy

[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 ?

[AndyOrch]

The court and claimants solicitor....7 days before the hearing date of their application....why do you want to call Shoosmiths before 4th July ?

[irish guy]

They asked me to confirm my position by that date

[AndyOrch]

They asked me to confirm my position by that date

 

What position ?

 

Whether you want to withdraw your defence and role over ?

[irish guy]

ok fair enough ,will wait and see what happens

[AndyOrch]

Post up your intended statement here first for checking.

 

Andy

[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

[dx100uk]

did you move and not inform the court nor your creditors?

 

dx

 

[irish guy]

no i live at the same address