Arrows/Dryden Claimform - old MBNA card debt

[notyourownname]

Name of the Claimant:

 

sols: Drydens Limited

 

Date of issue:24th Feb 2020

 

Particulars of Claim

 

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

 

1. The claim is for the sum of £5300 in respect of monies owing to the defendant on a credit agreement held by the defendant with MBNA under account no **************** upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. The balance owed was assigned from MBNA to the claimant, and the defendant has been notified of the assignment by letter.

 

What is the total value of the claim?£5800

 

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?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 ? Late 2006.

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Don't Recall, Likely By Post.

 

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? Not sure if I received the Notice of Assignment, I have had a few letters from Dryden Ltd but just the same letters that i've been receiving.

 

Did you receive a Default Notice from the original creditor? Unsure. it was 12 years ago.

 

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

 

Why did you cease payments? I didn't know know until this morning that i had,  I have a seperate account that i've have been making £1 a month from to 4 different creditors, every month I have a payment of £15 that goes into this account, i was expecting there to be over £1000 in the account but after regaining access to the online banking today i have discovered that the bank has been adding charges to the account that has been absorbing all of the £15 every month since March 2018, i haven't received any letters stating that i've stopped paying from ANY of my creditors.

 

What was the date of your last payment? March 2018

 

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? Yes.

 

Brief background: Shortly after my 18th birthday I went to 2 different banks (Lloyds and Barclays) to request a VISA DEBIT card and was told that i wasn't eligible, i could only have a VISA ELECTRON (which was useless at the time), but with only 1 more click my details could be forwarded to Barclaycard where I may be accepted for a credit card, My initial limit was £1,750.

 

After a few (very irresponsible) years I was living off my credit cards till my minimum payments exceeded my wage, at that point I was in nearly £20,000 of debt, I contacted step change and after doing a financial assessment they told me to setup a £1 a month payment to each of my creditors, that was about 15 years ago. 

 

I have less than £1,000 of savings and very little disposable income after paying the mortgage and other bills, I do not drink or smoke and live a fairly modest lifestyle with an 11 year old car.

[dx100uk]

another person who's had their life screwed for 15yrs by poor advice from stepchange but that also shouldn't blindly pay debts for years without checking things. pers i'd stop all payments to everyone. but write to each debt owner with your new address re ref number xxx from your stepchange page upon who now owns each debt now as they'll have all been sold on.

 

who's the claimant...arrows?

 

if they've yet to reply to your CCA/CPR then use our std holding/no paperwork defence in most card claimform threads here.

 

 

 

[notyourownname]

Yes.

 

Thanks for the reply, Sorry to be thick but can't see a holding defense list of sticky topics.

[dx100uk]

there isn't one...didn't say there was 

I said search for and read any card claimform thread here

 

use our custom google search box.

if you cant see it

hit our top squares logo 

 

but post it here 1st!!

 

[notyourownname]

I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.

 

Here it is for your considderation, thank you.

 

1. The claim is for the sum of £5300 in respect of monies owing to the defendant on a credit agreement held by the defendant with MBNA under account no **************** upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. The balance owed was assigned from MBNA to the claimant, and the defendant has been notified of the assignment by letter.

 

1. The claim is for the sum of £5300 in respect of monies owing to the defendant on a credit agreement held by the defendant with MBNA under account no **************** upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

 

3. The balance owed was assigned from MBNA to the claimant, and the defendant has been notified of the assignment by letter.

 

The Defendant contends that the particulars of claim vague and are 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.

1.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged
agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought
clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.

 

2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the
Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding
this matter and they have been unable to comply.

 

3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed
to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:
(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice or termination notice; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any
documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed
to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.

 

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

 

6. On the alternative, 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.

 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed
or any relief.
I confirm that the above facts and statements are true to the best of my knowledge and recollection.

[dx100uk]

I have added their poc in your above post for clarity.

 

you need to address para 3. 

 

bump point 3 forward down 1 number and add in:

 

3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor . 

 

if mcol is still flaky ….

 

MCOL is only one way of responding to a claim. 
.
If you are having problems logging in, or would prefer not to use MCOL, 
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to [email protected] and ensure you quote “Claim defence response” and quote the claim number in the subject field. 
.
neither by email nor MCOL do you need to inc

I confirm that the above facts and statements are true to the best of my knowledge and recollection.