Arrow/Dryden Claimform - old MBNA card debt

[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

[dx100uk]

pop your defence up here 1st.

 

and dont forget the CPR

 

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]

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

 

[scottles37]

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

[dx100uk]

1000's here already 

CAG is self help!!

 

use our enhanced google searchbox.

 

claimform card

 

dx

[scottles37]

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

[dx100uk]

do you want them to have an email address whereby they can sent important docs 1 min before a court deadline removing your right to question their fake paperwork?

 

sorry, and i thought this earlier, but bit my tongue, but not again ....

 

you have been here since 2014 and must do your own research during downtimes and in between court stages on as many claimform card threads as you can so you know what to do how to do it what is next and how to react. but of course never do anything unless checking here 1st

 

you are the one thats gonna poss be in front of a judge, .....

 

dx

 

[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.

[AndyOrch]

Quote

 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

 

Because it's approaching the Statute Barred date.

[dx100uk]

where did you get that old embarrassed defence from?

 

use our holding/ no paperwork defence in just about every claimform card thread here.

 

dx

 

[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. 

[AndyOrch]

1000s here: -

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

[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. 

[AndyOrch]

Better to say I do not recall hence you then put them to strict proof to prove otherwise.

[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.

[dx100uk]

again 'neither admitted or denied' is an embarrassed defence.

 

just state paragraph x is Noted, instead.

 

i would expand upon dates and postage method used for 
CCA/CPR

 

bar that looks ok

[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 

[dx100uk]

no they can't

next step is their call

IF they wish to file N180 DQ

 

get reading up 

 

keep saying this but you NEED TO READ several 10's of claimform card threads.

so you know whats to come how to react and whats next ..

 

WE DO NOT NURSEMAID.

 

 

[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? 

[dx100uk]

have a look in the legal successes forum off this one

 

at the won cases for MBNA or indeed any card .

[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? 

[dx100uk]

no.

 

dx

[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 

[dx100uk]

there will be no notification nor update to it being autostayed .

simply check mcol status still says last entry -  the filing of your defence.

 

there are obvious delayed over the holiday period

as its only been one month, it could still be being processed.

give it another 2-3 weeks and you might be home free.