Arrow/Morgan Claimform - old MBNA card debt - stayed 4yrs - now want to lift it

[Neal267]

I'm looking for some assistance with an issue I have with MBNA / Blake Morgan.

In 2009 & 2010 MBNA lost 2 payments on my account for a period of time which I raised complaints about on numerous occasions,

however MBNA did very little

 

I eventually raised it with the Financial Ombudsman who failed to uphold my complaint.

On the back of this I subsequently asked MBNA to supply all records of recorded phone calls to them I had made as well as the call recordings of said calls so that I could appeal the Financial Ombudsman decision which they never supplied.

During all this they sold my debt off to Arrow Global who started to pursue me for the outstanding debt.

I always maintained to Arrow Global that the debt should never have been passed to them as the account was in dispute but between MBNA & Arrow Global nothing was ever done about it.

Arrow then passed the file to Blake Morgan (formerly Blake Lapthorn)who were advised the same,

they again ignored this until they subsequently started court proceedings in 2014

 

I filed a defence stating the the debt could not have been transferred as the account was in dispute.

The proceedings were stayed and now 4 years on they are now trying to lift the stay.

I have attached the Application for Stay to be lifted and Summary Judgement which has been filled and would appreciate your thoughts on this.

From reading about your success with PRA GROUP (UK) LIMITED v DIANA MAYHEW my thoughts are -

1. Exhibit 1 - Signature Form is different to Exhibit 6 Signature Form
2. Exhibit 2 Terms & Conditions bears no relationship to exhibit 3-5 or Exhibit 7
3. Exhibit 9 - Document totally unrelated to me
4. Exhibit 11 - Reconstructed Document

I hope you can help in this matter.

[AndyOrch]

Hi Neal and Welcome to CAG

I have moved your thread to the appropriate forum...Financial Legal Issues in view of the court claim...please continue to post here to your thread.

Thread title updated

Regards

Andy

[AndyOrch]

If you cold read the following link and then copy and paste the Q,s and your responses back here then we have details of the debt and court claim in one post and can advise you on how to proceed with their application.

Andy

 

[Neal267]

In order for us to help you we require the following information:-

Name of the Claimant ? Arrow Global

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 4th December 2014

Particulars of Claim

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. - No longer have the particulars of claim

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? - No

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? - Yes

Did you inform the claimant of your change of address? - Yes

What is the total value of the claim? - £6,XXX.XX

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 ?  - December 2004

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? - Not sure

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. - Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? - No

Did you receive a Default Notice from the original creditor? - Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No none of these

Why did you cease payments? 

What was the date of your last payment? - 2009

Was there a dispute with the original creditor that remains unresolved? - Yes

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - No

[AndyOrch]

Thanks.....

We need the particulars of claim ....

A copy of the defence you submitted...

A copy of the their application N244 + Witness Statement in support of the application and exhibits.

Andy

[Neal267]

I don't have a copy of the Particulars of Claim or my defence as it is over 4 years since this case started - I have emailed the County Court Business Centre for this as the local court didn't have these.

Will redact and upload the Application to lift the stay & Summary Judgement

[Neal267]

Application to lift the stay & Summary Judgement

Blake_Redacted.pdf

[AndyOrch]

Application dated 4th Dec 2018...have you got a hearing date yet ?

[Neal267]

Yes 3rd April

[AndyOrch]

Okay if you could get a copy of the particulars that would be helpful as would your defence as we dont know what your pleadings are...so you intend submitting your own statement (not less than 7 days pre hearing) in response and objection to their application

[Neal267]

My defence was around the fact that the debt should never have been passed to Arrow when it was as I was in the middle of a complaint with the FOS when they sent the default notification.

I'm not sure if I will get them as the lady at the local court said they only kept them for 3 years and it was 4 years ago.

Yes I was planning on that & looking for some advice & guidance on it

[AndyOrch]

Fair enough we can run without the defence...but you really need the original particulars...try Northampton MCOL..you have the claim number?

[Neal267]

14 minutes ago, Andyorch said:

Fair enough we can run without the defence...but you really need the original particulars...try Northampton MCOL..you have the claim number?

Yes that is who I have emailed as there was 57 in the queue when I phoned yesterday - yes claim number on the documents

[AndyOrch]

In the meantime take a look at other users threads who have submitted the same and get a look at the layout and contents and have a go at drafting a copy using the claimants statement as guidance and the points you wish to challenge.

 

I will then give the once over and check it before you file and serve. 

[Neal267]

Brilliant will do

[Neal267]

Hi still nothing from the County Court Business Centre regarding the PoC or my defence so no further forward with that.

 

I've been doing some digging around on this at my correspondence and have come up with the following -

 

When MBNA issued the Default Notice I had an ongoing complaint with the Financial Ombudsman which they were fully aware of.

 

At the end of the complaint I made the FOS and MBNA fully aware that I would be appealing the FOS decision and to do so I would be requesting copies of all telephone records and recordings from MBNA and all parties which I made twice on the 14th June 2011 and the 5th July 2011 using a SAR and paying the fee. To date MBNA have failed to supply these. I have also subsequently informed all agents such as Fredrickson International Ltd., Arrow Global and Blake Morgan, who were informed of this in 2016 and did nothing about this.

 

I am planning on using this in my Witness Statement.

[Neal267]

DJ lifted the Stay on the case but refused the Application for Summary Judgment given that he could see there was a dispute as well as their being no Notice of Assignment. Case to be heard via Small Claims with Standard Directions

[AndyOrch]

Well done Neal...now concentrate on the lack of Notice of Assignment.

 

Andy

[Neal267]

50 minutes ago, Andyorch said:

Well done Neal...now concentrate on the lack of Notice of Assignment.

 

Andy

Thanks Andy - Yes the Judge highlighted the lack of that being critical - lets hope they don't have the original document

[AndyOrch]

Perhaps post a copy of your WS here in PDF so only members can see it.

 

Andy