Backdoor Arrows decree - MBNA card debt - i want to repone it

[Durkin]

Hi Folks,

 

Arrow Global have bought a debt from MBNA.  I've refused to deal with them and have continued paying MBNA token payments while I try and find a way forward after the injustice that has prevented me reimbursing MBNA in full.

 

During the past 3 months, while I've been away, a Decree has been issued without me having had a chance to defend it.

 

Apparently, I can try and repone it.

 

Looking through the condescendence (attached) today though, I've noticed a few huge discrepancies:

 

I've been paying MBNA regulary every month, Arrow have claimed that the last payment was in March rather than a month before the Writ.

 

Potentially more significantly, they're claiming that a default notice was issued in 2019.  (One was issued in 2010 and expired in 2017).

 

Having already served 7 years for a default on a debt caused by banksters, it seems a shame to have to sweat a further 6 years as we continue to struggle to buy a family home while being denied reparation.

 

Any words of advice for the reponing note? 

Should I even recognise Arrow; I'm not keen to deal with them, as I hadn't signed up for it. 

My wife certainly wants nothing to do with them.

 

Cheers,

 

Richard.

 

 

Arrow Global CCJ.pdf

[dx100uk]

how did they get around the fact that the original writ must be served in person by the sheriff officers?

 

[Durkin]

Pass.  I'll ask the sheriiff.

 

Thanks.

[Durkin]

Hi Folks,

 

The Sheriff allowed me to file a defence today based on Arrow not being honest about a default notice (#3 on the reponing note attached)

 

Arrow accepted that they should have served notice in person but tried to insist instead that I had no defence.

 

Worryingly, the sheriff suggested that Arrow advising me that they now owned the debt (rather than a note of assignment from MBNA themselves) was good enough for the court to apply for a CCJ against me.

 

Please advise the pleas of law that I should use in my defence to keep the CCJ set aside.

 

Arrows pleas in law (attached) seem to serve no purpose but to trash my creditworthiness for 6 more years just because they can!

 

Cheers,

 

Richard

CCJ Reponing Note.docx

[dx100uk]

wheres the default notice copy

copy of signed agreement

and NOA?

 

its not a CCJ its a decree.

 

 

 

[Durkin]

Hi DX,

 

I understand that there can't be a second default issued on the same debt, so they'll not be able to produce it.  Is that enough to prevent a decree against me?

 

I've no idea if they have a copy of a signed agreement wih MBNA but i'm certain no agreement exists between myself and Arrow.

 

Is a notice of assignment from Arrow (as opposed to MBNA)  good enough for the court to award a decree against me?  (I'm one of the Northern Rock prisoners that have been forced to deal with Landmark - In that case it was Northern Rock that advised me of this)

 

Cheers,

 

Richard.

[dx100uk]

Dca default notices mean nothing.

 

to enforce a debt in court they must produce copy of the oc's DN

else the claim fails under section 87 of the CCA

Also the signed agreement for a CCA of that age

 

Both are fatal to a successful claim even in Scotland

 

Any agreement with a dca is immaterial.

doesnt exist nor is needed

 

assignment in Scotland is meaningless too. They dont need it.

[Durkin]

Hi DX,

 

Do these pleas look OK?

 

Submitting tomorrow.

 

Cheers,

 

Richard.

Defence pleas.pdf

[dx100uk]

the pursuers don't have to serve a DN

the original creditor did

the pursuers have failed to prove one was ever served.

fatal under section 87 of the CCA 

 

no signed cca nor relevant T&C's

 

 

[Durkin]

Thanks DX,

 

I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.

 

I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?

 

Cheers,

 

Richard.

[dx100uk]

doesn't matter you've admitted about the DN and anyway where have you done that and to whom?

 

by assignment arrows are the creditor regardless to your acking of that fact or not.

 

 

 

[Durkin]

Hi DX,

 

I mentioned the default in the reponing note, thinking that if I've already served a 6 year sentence, I may get a sympathy vote.

 

MBNA didn't advise me that they've assigned the debt to Arrow but I understand that they didn't have to (Seems a tad extreme as any Tom.Dick or Harry could then ask for payment...)

 

Cheers,

 

Richard.

[dx100uk]

assignment in Scotland is a very differing tool to the Law of properties act in E&W.

 

regarding the default

you [wrongly] thought that a calendar marker of D or 8 means a default notice was issued, it does not.

you have never received nor ever seen the default notice issued by the original creditor before or at the time of sale to the pursuer .

this is required under section 87 of the consumer credit act to enforce any debt through any court.

 

 

 

[Durkin]

Thanks for your help DX.

 

Defence filed.  Arrow have until December to find documents.

 

Unlikely that we'll get any redress before then, so it seems they could still cause huge damage if they manage.

 

A stay of execution for now though...

 

Cheers,

 

Richard.