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.

[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.

[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.

[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.

[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.

[scottles37]

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

[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

[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

[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? 

[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? 

[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. 

[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. 

[scottles37]

Ok understood. I really appreciate your advice here.
 

So submit no paperwork/holding defence now, do a cca request now and take it from there. 
 

many thanks 

Edited November 23, 2022 by scottles37

[scottles37]

Many thanks. Do you have a link to the No paperwork/holding defence you mention? I will do this and post tomorrow 

[scottles37]

Thanks again. Is it ok to submit cpr to solicitor/portal via their website or does this have to be in the post?? 

[scottles37]

hello again dx.

 

Firstly another thanks for steering me away from SB defence, I have confirmed with bank that a payment was made by SO on March 2017. Annoyingly! My bad here, but I do wonder why it takes them almost 6 years of non payment and 12 years from default date to bother to do anything about this. Both cpr and cca request letters have been sent, and my attempt at a defence is below: 

I would really appreciate your comments on this.

Many thanks 

 

The Defendant received the claim XXX from the County Court Business Centre on 26th October 2022.

 

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974 and it is admitted that the Defendant has previously entered into an agreement with MBNA for provision of credit.

 

The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

 

The Claimants statement of case states that the account was assigned from MBNA to Arrow Global Guernsey Ltd but does not mention the date this occurred and The Defendant does not recall receiving notice of this assignment.

 

On the 22nd November 2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydensfairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

 

On the 22nd November 2022 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Guernsey ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, 

 

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.

[scottles37]

I got that from various Google searches. Is none of it useable? I have been struggling to find the standard no paperwork defence you refer to on here , the link you sent seems to be locked. 

[scottles37]

Thanks! 

[scottles37]

Thanks. I am getting a better idea of what I have to put together. Am I able to deny receipt of assignment notice/default if I am not sure? It was so long ago. 

[scottles37]

Second attempt. Any feed back on the below would be greatly appreciated. I have left it late and need to file today .

Many thanks, 

scott

 

 

The Defendant received the claim XXX from the County Court Business Centre on 26th October 2022.

 

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

 

Paragraph 1 is noted. I have in the past had financial dealings with MBNA. However the Defendant does not recognise this specific account number or any outstanding debt relating to this account number that the Claimant refers to and the Claimant has not stated the date this agreement is alleged to have occurred. The Defendant has therefore sought clarity from the claimant by way of a section 78 request and a CPR 31.14 request.

 

Paragraph 2 is neither admitted or denied. The Defendant can not recall ever having received a Default Notice. 

 

Paragraph 3 is neither admitted or denied. The Claimant states that the account was assigned from MBNA to Arrow Global Guernsey Ltd but does not mention the date this occurred. I have no recollection of ever receiving a Notice of Assignment in the prescribed format and I do not recall the precise details of the Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) and therefore requested a further copy from the claimant which they have yet to provide.

 

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(A) Show how the Defendant has entered into an agreement and:

(B) Show how the Defendant has reached the amount claimed for and:

(C) Show the nature of the breach and evidence by way of a Default Notice Pursuant to section 88 of the Consumer Credit Act 1974 and:

(D) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

 

On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has a right to lay claim due to contraventions of section 82A of the Consumer Credit Act 1974.

 

By reasons of the facts and matters set out above, it is denied that the Claimant at this time is entitled to the relief.

[scottles37]

Thanks for your feedback but unfortunately I had to submit the above as I will not be able to access the mcol site from now till the latest submission time. 
 

what implications will those errors have?? 

[scottles37]

I received a letter from drydens saying they have applied for judgement.

Can they get this if I have filed the defence in time?

I’d be grateful if someone could explain the next steps. 
 

many thanks 

[scottles37]

Thanks. I have read a lot of threads now and understand the process up to mediation. If they produce cca default notice and assignment, I am still not sure what makes these unenforceable. Are there any threads I can read on this? 

[scottles37]

All quiet so far.

 

Just a letter from the court confirming receipt of defence and giving the claimant 28 days to respond otherwise it will be stayed.

 

Due to postal strikes and then a courier failing to deliver in time, etc my cca and cpr 31.14 request weren’t received till 28/11 and defence filed 25/11.

 

Could this cause a problem? 

[scottles37]

Hello again and happy new year. Still all quiet this end but wondering should I have not received something from court to tell me this has been stayed as is now way over the 28 day deadline they gave the claimant. Am worried I may have missed something. Thanks as ever for your advice