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Weejon

Arrow/Shoosmiths claim form - old MBNA card debt NI

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Hello all.  Struggling to find help with small claims court in Northern Ireland. Hope someone can point me in the right direction.

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Hello and welcome to CAG.

 

Can you tell us more about what's happened to lead to you starting court action please? Have you filed a claim already?

 

Best, HB


Illegitimi non carborundum

 

 

 

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Thread moved to Financial Legal Issues Forum.

 

 


Andy


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Hello.

 

Shoosmiths NI on behalf of arrow global Guernsey are taking me to court over non payment of a credit card debt. Originally mbna. 

Edited by Weejon

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Please read the following link and copy the Qs and your responses back here for further advice.

 

Thread title updated

 

 


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Thanks Andyorch will do.

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Letter dated 29 Oct 2019.

Return date 28 Nov 2019.

 

I only noticed the letter after the return date on 30 Nov 2019. As it was a Saturday I panicked and filed a dispute online on the grounds that the debt is statue barred. On the Monday I phoned the court and because shoosmiths hadn't filed for a default decree yet my dispute took priority. They told me to keep an eye on the post as this means it will go to court. So just waiting on a court date I assume.

 

What is the claim for – the reason they have issued the claim? 

 

The respondent obtained a credit product from MBNA Europe bank limited on 20th Jan 2010 in the form of a credit card.

 

On 30th April 2012 the respondent defaulted on the terms of the credit card at which stage there was an outstanding balance of 3400.

 

On 21st Jun 2012 this debt was assigned to arrow global Guernsey Ltd.

 

Notice of the above assignment was issued to the respondent at the relevant time.

 

As a result of the above assignment any balance that remains due by the respondent arising out of the above mentioned credit card is now properly due to the applicant.

 

Following post default credits this balance has been reduced to 2900.

 

Please note that the customer last made a payment of 1.00 on 12th Dec 2014.

 

What is the total value of the claim?

3090.

 

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

Yes from shoosmiths. I replied with a statue barred letter and got a reply from shoosmiths saying I paid 1.00 on the 12th Dec 2014. I have access to online bank statements and have checked this is false.

 

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? 

No


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 ?

After

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

online 

 

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.

Debt purchaser

 

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

Can't recall.

 

Did you receive a Default Notice from the original creditor?

Can't recall.

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

No

 

Why did you cease payments?

Debts got out of hand when I lost my job. Buried my head in the sand.

 

What was the date of your last payment?

Before the default date...30th April 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

 

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26 minutes ago, Weejon said:

 

 

Please note that the customer last made a payment of 1.00 on 12th Dec 2014.

 

 

 

What was the date of your last payment?

Before the default date...30th April 2012

 

 

 

 

You said that you believe the debt is statute barred so can you reconcile the two statements above please. The first one has been made by the claimant. The second one has been made by you


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I can't clarify when my last payment was made but I have made no payments to arrow at all.

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Well you needn't have made a payment to arrow for the payment to have been made and to appear on their record.

A £1 payment suggests that you may have made a CCA request at some point and that the money has been misappropriated to the debt.
Might you have made a CCA request?

 

 


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No cca requested.

The debt was assigned to arrow Jun  2012. If I have made no payments or acknowledgement of the debt to arrow would this not suggest that the debt is statue barred.

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Of course, but they say that they received a payment of £1 in 2014. If this is correct then the debt is not statute barred. So it becomes your word against theirs and now you have to find out what this £1 payment is all about.

I would suggest that you send them an SAR immediately. Although this will take 30 days, if it produces the information that you need and shows that no payment was made or that a CCA request payment was misappropriated then you should manage to get the case dropped very easily.

I suggest also that you start consulting your own bank statements for 2014 and see if you can find a £1 payment to any organisation and try to work out if it is connected with this debt.

I'm not familiar with the language of the Northern Ireland courts. When you say that you filed a dispute, I suppose this means that you filed a defence. I expect others with better NI experience will be along soon


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In addition to sending an SAR, I would also make a CCA request immediately. They have a 12 day window to respond with a copy of the CCA and if they are unable to produce it then they will have to cease any enforcement activity until such time as they are able to produce it.

Make the CCA request immediately
send the SAR immediately

 

Make these two requests separately in separate envelopes. You don't want one of requests to be confused and to disappear into the other.


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Yeah Northern ireland is slightly different you dispute the claim. Hard to find any info on the system here.

 

I have already checked my bank statements. No payment was made.

 

Do I make the CCA request and SAR to Arrow or Shoosmiths?

 

 

 

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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I think I would  send an sar to arrow as well seeing as it is they who seem to have a record of a 2014 payment during the time that they held the file. It doesn't cost anything so you have nothing to lose


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It will be the phantom £1 payment ...Arrow are known for it in statute barred debts.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thanks BankFodder I will get onto that right away.

Where will they say the £1 payment came from as it clearly hasn't came from me.

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I have no idea but if they can't provide you with the CCA then the claim is a dead duck.

If an sar doesn't produce evidence of the the payment in and also if you can show all your bank statements around that time without any evidence of a payment having been made then you have a solid defence.

The best thing however will be a lack of a CCA


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to force them to produce the docs you must send a court form

 

I think this one should help:

 

just ignore the not SB'd bit

 

 


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Hello dx100uk. 

Is that form 42?

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i believe so.

 

what type of claim is this please?

 

might pay you to give the clerk of the court a quick ring in the morning and check this is the right way to go

indicate you have filed intend to defend - the debt is statute barred, the claimant [or discoverer I believe] has intimated its not - but would like to force them to produce their evidence before you file your defence, but don't know how to go about that.

 

they are usually quite happy to give advice, but ofcourse can't give specific legal advice, though like in some Scottish courts they do esp where they can see the discoverer is trying to fly a kite!! it saves court time/expence


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This is for a small claim.

I  believe form 42 is used for a civil bill. I may be wrong.

I don't have my court date letter yet so I'm unsure of the next step after I receive it. 

Just want to get everything in place.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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was this a form N125 notice of application of a small claim?

 

this claim is £3090

have they specifically stated they will 

proceed by abandoning any amount due over £3000 (this must be expressly noted) ?

 

you should have a claim pack with a notice of dispute form?

 


 

 

 

 

 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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