Arrow/Drydens PAPLOC Now Claimform - old MBNA Card debt

[AndyOrch]

Take a read of the following may be of interest

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?492302&p=5169988#post5169988

 

Andy

[yodabug]

Thanks Andy, nice one.

 

I was thinking that - - just use a different interest rate.

 

I Will get cracking then , I reckon.

 

Hi All

 

Thanks for the help so far.

 

here is my prelim and SOC.

 

---------------------------------------------------

 

MBNA Limited

P.O. Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

 

21st February 2019

 

 

Dear Sir/Madam,

 

MBNA Credit Card : xxxxxxxxx

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £523.00 in charges and I also claim restitutionary interest of £8339.98, making a total of £8862.98.

 

It may be that you feel a claim for charges going back further than six years is invalid because of your company policy or some mis-interpretation of regulations. Either way I would draw your attention to s32 (1)© Limitations Act 1980 under which this claim is being made so far as it concerns time limits

 

I enclose a Schedule of Charges listing the amounts that I require to be repaid.

 

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

-------------------------------

I have omitted the sentences, ' I require that you remove the adverse payment history entry from the register ' etc. As this has long gone from credit file etc.

 

 

Is it worth inserting the red chapter highlighted in red / or save it for later down the line ?? - got that from an old shelley / ims21 thread.

MBNACreditCardCISheet2 v101 (1).xls.pdf

[zubo]

i not sure that m about 4 weeks ahead of you with exactly the same letter and i suspect you will get the same bog off reply....

 

ive been a bit busy but will need to begin y MCOL action...

I need to check how you calculate charges .. i assume you are using restitutional interes rate but thought it was more 29.9%

[yodabug]

Hi Zubo thanks for replying - must of missed your email.  I’m coming back to this one and I’m starting with an egg card as it’s barclaycard - who I understand are a bit forthcoming but yes will do them both through mcol - good luck with your claim will follow your progression 

[yodabug]

Hi All

 

Long time no speaky.

 

Just donated £10.

 

History - old MBNA circa 2003.

 

Stopped paying 5 years ago via payplan at the advice from the kind folk here.

 

Half expecting a claim form soon, just just getting my ducks in line.

 

Had a recent PAP letter / letter of claim back from Drydens Fairfax.  I disputed the debt - lack of documents etc etc.  And finally they sent back a history of credit card transactions - definetly not proper MBNA statements - just printouts and the following CCA return.

 

Just wanted to know if this CCA is valid or not ?

 

I tried uploading as a batch but was rejected as file size too large so have uploaded as 5 seperate PDF

 

Thanks Peeps 

 

 

MergedDrydensCCA+NOA.pdf

[dx100uk]

You've hidden the takeout date .

When did you take this out please?

 

Dx

[yodabug]

12/4/2003

 

mega old 

[dx100uk]

thats a returned application form? not a CCA as it doesnt carry all the required prescribed terms that are needed on a CCa .  and a set of T&C from the time but with no name/address for the time of takeout.

 

id let it run if thats a PAPLOC reply from them.

 

dx

 

[yodabug]

Yeah - I deleted my name and address on the signature form.  ( the sheet with half bar code and credit limit ( omitted )) That’s  the only place where my name and address was contained.  Name and address didn’t appear on any other documents 
 

Thanks DX 

 

I agree let it run and see if they issue court proceedings 

[dx100uk]

open

 

[yodabug]

just made a wee donation.

 

evening, cheers DX

 

Claim form received.  details to follow.

 

have been on MCOL

and defended all

 

Name of the Claimant ? Arrow Global Guernsey Limited

 

Date of issue – 6 Feb 2023

 

Particulars of Claim

 

1 ) The claim is for the sum of £4000 in respect of monies owed by the defendant on a credit agreement held by the defendant with MBNA account **** **** **** **** upon which the defendant failed to maintain payments

 

2 ) A default notice was served upon the defendant and has not been cpmplied with

 

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

 

 

 

 

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

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? Yes just to update them in case they hadnt got it

 

What is the total value of the claim? £4000

 

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 ? 2003

 

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? No

 

Did you receive a Default Notice from the original creditor? No 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? advice from kind folk here

 

What was the date of your last payment? march 2018 ( via payplan )

 

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 and I was with payplan until march 2018

 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

.

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[yodabug]

ive just found a notice of assignment they sent last month - freshly printed with a 2012 letterhead

 

please amend the bove particulars to read 

 

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

 

 

 

do i really need to send another postal order ( they returned the  one last time - in a form of a cheque for a pound ) seems a waste of time to send again ?

 

thanks 

[dx100uk]

For the request to legally comply to the act, yes 

 

The returning of the fee, is a common arrows action in just about every arrows CCA involved thread here 

 

Dx

[yodabug]

Cheers DX

[yodabug]

CPR  31:14 sent to solicitors 

 

CCA to claimant

 

both sent 10/2 recorded delivery

[yodabug]

arrow_DN_redact.pdf

 

£10 donated

 

had this back today on its own.  Can anyone please shed any light on it.  ?

 

feable attempt at a default notice ?

[dx100uk]

no thats a notice of default sums

not a default notice.

 

dx

 

[yodabug]

cheers DX

 

YB

[yodabug]

++++ TIMELINE INFO ONLY +++++

 

defence is due by 8th march latest ( 33 days after Claimform date )

[AndyOrch]

No Friday the 7th 16.00pm.....

[yodabug]

Thanks Andy.  Respect.  

[AndyOrch]

Post your draft here when your ready for opinion/tweaks.

[dx100uk]

friday 10th by 4pm

 

dx

 

[yodabug]

Yes I’ve double checked and indeed Friday the 10th march 

 

thanks DX