Arrow/Dryden Claimform - old MBNA card debt

[scottles37]

I would be grateful for some advice on the following

 

I sent off a CCA section 78 request letter.

 

A couple of months later,

I received the attached plus another 10 pages of T&C's which I haven't posted.

 

the account was opened in Oct 1999 and was defaulted on in Jan 2010.

 

Would the attached be sufficient to obtain a CCJ,

and would it be best to try and settle with them first.

 

Any advice would be appreciated.

[dx100uk]

 

is there a term 8.11 on the original agreement.?

[scottles37]

Thanks for your help. From what I can see, it looks like sections 8 and 9 that is referred to in the t &c's is on the side of page 2 and also again on page 3. The scan is exactly what I was sent.

[dx100uk]

page 3 top right states?

 

 

as mentioned in condition 8.11

 

 

nowhere can I see an 8.11

 

 

on the first set of T&C's nowhere does it shown your name as it should

 

 

the second set of t&C's are from post 2006

but do have you name

which is still left in BTW.

 

now removed address

[scottles37]

Thanks, sorry didn't notice that.

 

My name was on page one, (but spelt incorrectly) , with a different address.

 

I deleted all personal details from this page but didn't realise it featured later.

 

Looks like one set is from 1999 when I made the application and the other is from later after I had moved.

 

I previously agreed a payment plan with Drydens

after a couple of years of no payment to anybody,

 

they have recently rewritten (because I missed 1 payment) and said that they will get CCJ unless I settle.

 

Do you think I have any wriggle room with this given the attached, or should I try and settle at a discount??

 

I could probably afford 30% of balance as full and final.

[dx100uk]

An so you you've been blindly paying them and now they are willy waving as their cash cow is leaving the milking parlour...

 

IMHO what they have sent is mostly bog paper

 

Have you ever sent MBNA an sar to get all the statements

 

I bet you've PPI and penalty charges to reclaim too

 

Dx

[scottles37]

No, I can send off an SAR. Just worried that they are going to go for CCJ and I wont be able to defend.

[dx100uk]

I'd not be going to court with that bog paper they've sent

 

 

get the SAR running

 

 

the debt is nowt to do with MBNA they sold it on

there must be a reason for that

FIND IT.

 

 

dx

[scottles37]

SAR needs to go to MBNA though?? You would have thought they would've tried to get CCJ by now, its been in default almost 6 years.

[dx100uk]

yes sar always goes to the oc

 

 

dx

[scottles37]

Thanks, I will post this once I receive it. What happens if they issue court docs while I am waiting for SAR?

[dx100uk]

we deal with it

makes no odds

 

 

dx

[scottles37]

I would be grateful for some quick advice regarding the defence statement.

 

Is it ok to use the statute barred defence and also add in the two standard paragraphs below.

 

I believe the debt is statute barred, the claimant stated in a letter before action that it is not barred due to a payment in April 2017, but have not provided any proof of this payment or indeed any other documentation regarding the debt.

 

I want to include the standard statute barred defence but also make clear that the claimant has provided no documentation. Do I need the paragraphs below as well? 

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a MoneyClaim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.


Many thanks for your help,

Scott

[dx100uk]

please complete this:

 

 

dx

 

[scottles37]

Name of the Claimant ? Arrow Global Guernsey

 

Date of issue – 26^th October 2022

 

Date to acknowledge = 13/11/2022

 

date to submit defence = 25/11/2022 (33 days in total) - 

 

Particulars of Claim

 

What is the claim for – 

1.      The claim Is for the sum of £4100 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number {16 digits} 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? £4400
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes. I sent back a letter stating it was statute barred and received the attached in response. 
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes. But they have the correct address now. 
 

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

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 ? Before. 2002
 

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No. was defaulted in 2009.  

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. Claim by Arrow Global
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware and I believe it has been assigned multiple times, but I am not sure if I received the latest assignment letter.

 

Did you receive a Default Notice from the original creditor? It was in 2009, so I can not remember.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I have record of receiving this for 2021. 

 

Why did you cease payments? At the time, I could not afford to make the agreed payment. 
 

What was the date of your last payment? July 2016 there was a confirmed payment, but I can not get a copy of my bank statements for the correct period after this date to see if I made payment later than this date. I definitely no payments from July 2017 onwards. Edit March 2017
 

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? I offered a pro rata payment back at time of default which I kept paying until around 2016. 
 

Many thanks 

 

Pre claim response to my request for statement and assertion that debt was statute barred 

 

2022-07-15 Dryden reply to my LOC reply - cant find CCA.pdf

[dx100uk]

all your pers details are in file info/properties of your docx file

 

please put things up as a PDF only

read upload carefully

 

then the debt is not sb'd

 

did you send off CCA+CPR when you got the claimform?

defence is due friday by 4pm.

 

you cant mix sb in.

 

old and new threads merged.

 

dx

 

[scottles37]

Thanks for your help here. I think the old Mbna post from 2015 is a different mbna. Credit card. They gave me two! 
If I did make a payment in April 2017 why wouldn’t Drydensfairfax just send a copy of the statement? Isn’t the burden of proof on them? 

[dx100uk]

Don't have to disclose anything till witness statement stage .

 

I would suspect that will not be the only one if your old payment plan was still running till then 

 

Your old bank must hold your data for 6yrs. Go ring them and ask and find out if you did pay MBNA or whomever for that card number till that date .

 

Dx

 

 

 

 

[scottles37]

Thanks for the advice. I have tried to get this information with no luck, but will try again. Can I state in the defence that I need more information from them to plead my case? 

[dx100uk]

not worth it.

they wont have the info of how and when it was paid. but that does not mean game over, far from it.

 

it would be FAR better to file SB defence if it was SB'd.

 

ALL banks must hold date for at least 6yrs by LAW.

those laws are the data protection law and the prevention of fraud act.

 

if you need to demand to speak to a supervisor do so.

 

you need to confirm if you made this payment to MBNA? (or was it sold by then) and any in the months previous.

 

 

[dx100uk]

have you done AOS and sent new CCA/CPR requests?

[scottles37]

I have done AOS. But thinking it’s too late to do cca/cpr. Can I do SB defence without being 100% sure and let claimant prove otherwise, or is this a bad idea? 

 

Debt was sold long before and multiple times. Payments I did make were not to current claimant. Earlier payments were made to capquest. Trying again with bank today. 

[dx100uk]

bad idea to use SB unless 100%

 

yes send CCA/CPR never too late

 

Capquest ARE arrows, just a differing trading name.

 

dx

[scottles37]

bad idea to use SB unless 100%.

 

what could happen if I do? My intention was to defend with SB and then if proven wrong settle the claim. 

[dx100uk]

why when 9/10 aged MBNA cards have no enforceable paperwork.

 

you can file our std no paperwork/holding defence then if it turns out to be SB'd that can be introduced in your WS later.

 

you cant do it the other way around as an SB defence is absolute and cant contain any get out no paperwork stuff as thats immaterial to a claim of SB.