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Arrow/restons stayed claim - for MBNA card Debt - now a new claim for the same debt!!

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Good evening,

 

When i was a lot younger i ran up quite a bit of debt which became unmanageable once i had children and cost of living increased.

paid into a DMP for a few months and then defaulted this was in April 2013.

I have pretty much ignored all contact as no one was taking legal action.

 

I have had some discussions with Restons over the phone about this debt as i tired to agree a repayment plan.

but could not stick to it as it was un affordable to me.

 

Today i have received a CCJ claim from the for a total of £5131.05.

The debt is from an MNBA credit card which i took out sometime around 2005/06 i think.

 

The POC on state that the original debt is from MBNA "dated on or about Feb 2007 and assigned to claimant on Dec 2011.

 

It then list the following two items:

19/07/28 Default balance 5151.05

19/09/2018 Pos Refrl CR -20

 

That is all that is on there.

 

I have done a lot of reading around and am thinking of defending this claim but my head is spinning a bit with all the different threads i've read.

 

Am i right in thinking that they probably dont have the CCA?

I don;t believe that they have followed pre-court protocols as i have not received a letter stating they were due to start legal proceedings.

 

Do i need to now request this information under CPRs and then defend the case accordingly?

Am i right that if they can not produce the cca they can't enforce the debt?

 

Thank you in advance.

Edited by dx100uk
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Hello and welcome to CAG

 

Please read the following link and then copy and paste the Q,s and your responses back here for further 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**

 

Instructions are contained in the above re CPR/CCA requests

 

Regards

 

Andy


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Date of issue –29/10/18

 

Particulars of Claim

 

1.The claimant claims payment of the overdue balance due from defendant under a contract between the defendant and MBNA. Dated on or about Feb 2007 and assigned to the claimant on 20 dec 2011

Particulars ac/no ……..

 

19/07/18 Default balance 5151.05

19/09/18 Post Refrl CR -20

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I don’t think so

 

What is the total value of the claim? £5131.05

 

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 April 2007 ? before

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

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 Arrow

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember

Did you receive a Default Notice from the original creditor? Cant remember was a long time ago

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? April 2013 made one payment in September 2018

 

What was the date of your last payment? 18/09/18

 

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 ? Started DMP in September 2012

Edited by dx100uk
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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 start 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

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


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Thanks for the quick reply. I'm going to request all the information ect tomorrow and get this moving.

 

If i file the defence am i likely to have to attend court?

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yes but don't file yet you have 33 days

get the AOS done and CCA/CPR

 

you might have to attend court yes but its not what you think. and no a good while yet!

 

dx


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I wasn't sure of all cases got to court our not?

I'm not fazed by the court process as i work as a housing officer so have been in court quite a bit so i understand quite a bit about procedures ect but I know that i need to make sure i follow the right rules and procedures.

 

I take it when it it goes to court i can request he hearing a my local county court?

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no restons quite often let claims get stayed , then magic up debatable copies of supposed agreements after the stay and sent nasty letters threatening to lift a stay if you don't cough.

 

there are literally 100's of threads here about them.

 

if truth be known for an MBNA card of that era its rare the document returns [if the claimant/restons reply at all] are enforceable.

so you might stand a chance of not having to appear.

lucky you know the game, this should be a walk in the park for you then..:lol:


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I've updated your thread title

 

if you use our search CAG box in the red top toolbar

 

claimform reston.

 

pleanty of relevant nightime reading....:madgrin:


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So i will be spending tomorrow preparing the court form and sending off for information from creditors/solicitors so just wanted to check what i do next.

 

I;m guessing that i construct my defence to submit to the court?

 

What is the basis of my defence that i submit? do i write this assuming that no CCA will be found and that there is not enough information the POC for me to admit the debt and agree to pay?

 

I guess once i have submit the defence i just a case of waiting to hear form the courts?

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follow post 4 tells you everything you need to do and how.

 

your defence is not due till day 33


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How 's this going?


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I requested CCA from Arrow and was told the case was outsoursed to Restons.

 

I requested info from Restons today telling me i they had followed procedure and has stated that there was enough in the particulars of claim for my defence.

 

it said they didn't have to provide me with anything and quoted some rules.

 

I am guessing this is just scare tactics?

 

I'm completing the defence tonight so i guess i just state that they haven't provided me wiht enough information and do an embarrased defence?

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How 's this going?

 

Good morning,

 

Sorry the last post was a bit garbled, I was trying to write and put the kids to bed!

 

Anyway my defence isdue in by Monday and so far I have the following.

 

Requested CCA fromArrow and was told to ask Restons as it had been outsourced to them.

 

I did a CPR request toReston and have the following reply:

 

We would like to point out that the Claim was issued via the CC Claim Business Centrewhich is specifically provided for in CPR. The procedure only allowsthe claimant to inset brief details of the claim and does not allowfor attachment of any enclosure. Paragraph 5.2a of Practice direction7E specifically states “The requirement in paragraph 7.3 of thepractice direction 16 for documents to be attached to theparticular of claims stated using the an online claim form, unlessparticulars of claim are served separately in accordance withparagraph 5.2 of the practise direction.

 

We would also remainyou the CPR31.14 states:

“a party mayinspect documents mention in

a. a statement case

b. a witnessstatement

c a witnesssummary

 



  1. an affidavit
  2.  

     

    You would have beenprovided with a contract/terms and conditions at the time the accountwas opened and hence we see no reason why you require an additional copy.

     

    Although your emailstates that you require documents in order to file a defence we wouldlike to point out that the particulars of claim contains sufficientinformation in order for you to understand what the claim relates tonamely:

     


    1. the date the account was opened
       
    2. the account number
       
    3. the outstanding balance
       
    4. the name of the original creditor
       
    5. the fact that the account has been assigned to the claimant when it was assigned

     

    Furthermore,throughout the lifetime of the of the account, you will have receivedstatutory notices and collection style letters relating to theaccount and such we do not believe that you carry any sensible basisfor you to alleged that you do not understand the claim issuedagainst you.

     

    Iam guessing this letter is a bit of a scare tactic by them?

     

    So I now need to write the defence.

    Does this need to have any specificwords or phrases or can I just state that I can't defend the claimdue to lack of information on the POC and having requested thisinformation it has not been provided?

     

    Anyhelp on this last stage would be greatly appreciated.

Edited by dx100uk
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that's a std letter restons send in reply to every CPR request

go read like threads which is what you should be doing between the stages to know whats next

 

there are 100's of suitable holding defences here

use the search CAG box of the top red toolbar

 

arrows claimform card

 

 

your defence was due by 4pm yesterday!!

 

but a day later wont hurt as you are a LiP [litigant in person] and are given certain leeway.

 

 

 

pop it up here 1st for checking


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thanks for getting back to me. just writing my defence now but fitting it in around kids :)

 

I thought i had 33 days to file defence? is that right? date on court paper work is 30/10 does that mean defence should be filed tomorrow?

 

Hoping to get this done tonight!

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courts close Friday 4pm till Monday 9am

if you file over a w/end it doesn't get registered till Monday

hence you day 33 is a w/end you should have filed Friday.

 

reading up between lull periods in the chain of things you need to do so you know things …..is important.

as suggested in post 9

 

cag is self help too..


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I think this is my defence:

 

 


  • I, ********** of ************** make this statement as my defence to the claim brought by Restons
     
  • The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
     
  • No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim
     
  • the defendant is unable to plead effectively or at all. The defendant is embarrassed.
     
     
    It seems a bit brief but i don't if there is anything else i need to say?
     

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and the rest of it like the std defences for card here and in the correct format too.


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Thank you for help on this.

 

I have just been trying to log on to file the defence and it is saying the claim number is invalid and i can't get any further. Is this because i've missed the deadline? I filled a acknowledgement and registered on PCOL. I'm guessing i may need to phone the court fist thing on Monday morning to try and submit my defence?

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please don't file an embarrassed defence!!

 

MCOL is often down at W/ends.

 

look at defences in these threads.

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=The+claimant+claims+payment+of+the+overdue+balance+due+from+defendant+under+a+contract+between+the+defendant+and+Dated+on+or+about+and+assigned+to+the+claimant+on&sa=Search+CAG

 

adapt one

post it up here [PS scroll past the 1st page of ads to the CAG threads]


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I think i have the right sort of defence now. Sorry if i'm being a bit stupid but i have read so much on this in the last months that i don't think my brain has fully processed every thing yet.

 

.The claimant claims payment of the overdue balance due from defendant under a contract between the defendant and MBNA. Dated on or about Feb 2007 and assigned to the claimant on 20 dec 2011

Particulars ac/no ……..

 

19/07/18 Default balance 5151.05

19/09/18 Post Refrl CR -20

 

TheDefendant contends that the particulars of claim are vague andgeneric in nature. The Defendant accordingly sets out its case belowand relies on CPR r 16.5 (3) in relation to any particular allegationto which a specific response has not been made.

 

Paragraph1 is accepted. in that I have, in the past, entered into an agreementwith MBNA, however I do not recall the exact details, as it is over13 years ago, I have requested the claimant verify the exact detailsof this claim by way of a CPR 31.14. The claimant has refused toprovide me with a copy of the agreement, stating they are notobligated to do so by virtue of the consumercredit Act1974.

 

I am unaware of any legal assignment or Notice of Assignmentallegedly served pursuant to the Law of Property Act and Section 82Aof the consumer credit Act 1974. The Claimant has yet to provide acopy of the Notice of Assignment its claim relies upon.

 

Onthe 5th November 2018 I made a legal request by way of a section of a CPR31:14 requestto the Claimant. The Claimant has failed to comply to this date, nostatement of the alleged account has been received. The claimant hasfailed to provide any evidence of agreement/contract/breach asrequested by CPR 31.14 and a Section 78 request and therefore is indefault of this request and as such unable to enforce this agreementor request any relief until compliance.

 

Thereforethe Claimant is put to strict proof to:

 

(a)show how the Defendant has entered into an agreement/contract;and

(b)show how the Defendant has reached the amount claimed for; and

©show and evidence the nature of breach and service of a DefaultNotice;

(d)show how the Claimant has the legal right, either under statute orequity to issue a claim.

 

Asper CivilProcedure Rule16.5(4), it is expected that the Claimant prove the allegation thatthe money is owed.

 

Asthe Claimant is an assignee of a debt, it is denied that the Claimanthas the right to lay a claim due to contraventions of Section 136 ofthe Law of Property Act and Section 82A of the consumer credit Act1974.

 

Byreason of the facts and matters set out above, it is denied that theClaimant is entitled to the money claimed.

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entered into an agreement...had financial dealings with

 

you need to clarify the rest with regard to the replies to the cca request

and

the cpr request

 

state that the claimant solicitors said xyz with regard to the cpr request

and

the claimant stated xyz with regard to the cca request.

 

 

as present who has stated what is unclear

 

apart from that its ok


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I think this is it:

 

 

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.

 

.Paragraph 1 is accepted. in that I have, in the past, entered into an agreement with and had financial dealings with MBNA, however I do not recall the exact details, as it is over 13 years ago, I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974.

 

I am unaware of any legal assignment or Notice of Assignment allegedly served pursuant to the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

On the 5th November 2018 I made a legal request by way of a section of a CPR 31:14 request to the Claimant solicitors Restons. Restons has failed to comply to this date and have advised the defendant that he they have filled the claim in accordance with Paragraph 5.2a of Practice direction7E specifically states “The requirement in paragraph 7.3 of thepractice direction 16 for documents to be attached to theparticular of claims stated using the an online claim for, unlessparticulars of claim are served separately in accordance withparagraph 5.2 of the practise direction.

 

no statement of the alleged account has been received. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 78 request and therefore is in default of this request and as such unable to enforce this agreement or request any relief until compliance.

 

On 5th November 2018 the Defendant made a subject access request to Arrow Global ltd for a Copy of the Consumer Credit Agreement but I failed to provide this stating that it had been outsourced to Restons Solicitors.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence the nature of breach and service of a Default Notice;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the money claimed.

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