Seems like this is now on hold, has been quiet for a while now. I really appreciate the help you all gave me on this to get to this point. Many thanks

Understood. So worst case, I get informed of new paperwork and stay is lifted and we carry on. Best case I don’t hear anything again but will not really know 100% if it’s done and dusted.

Doesn’t it mean this particular claim against under this reference is discontinued? Will need a new claim or a reopening of this claim?

The attached looks like good news! Do you think I’ll hear again from arrow or they’ll sell to another DC in the future? Many thanks to dx and andyorch for all your help to get to this point. Letter3.pdf

I am thinking of sending the below by post. Would be grateful for your thoughts. Many thanks I refer to you letter dated 19th January 2023 regarding the cheque for £1 that you claim to have cashed. This cheque must not be used towards the balance, the payment must be treated as the statutory payment pursuant to sec 78 of the Consumer Credit Act as per the act. This was clearly stated in my previous letter dated 22ndNovember 2022 which included this statutory fee where I requested a copy of the credit agreement relating to your claim. Should this matter ever be subject to further action, both these letters will be used as evidence. Whether you chose to refund this payment or not, it will still be treated as the statutory payment for you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

Thanks. I will tell them to use it for its original purpose and not towards the balance

Ok .thanks. Sorted. They do have my email from another case many years ago. But that letter was hard copy forwarded to myself

I received the attached the other day from drydens and was just wondering whether it required a response or if it had any purpose. No change in status at MCOL. Defence showing as last action, will this update to stayed ever? Many thanks

So in theory this still has the potential to drag on for a very long time in limbo, or they produce paperwork and apply to lift the stay.

Thanks. Mcol still says defence filed 25/11 as last action. If it is stayed I could still be subject to further action in the future? and also does the statute barred clock get reset to the claim date?

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

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?

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?

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

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??

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.

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.

Thanks!

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.

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.

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

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

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

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.

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?