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?

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?

Name of the Claimant ? Arrow Global Guernsey Date of issue – 26th 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

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

I attach the entry on my archived credit report from 4/04/2017. There was no other entry on the report for any DCA etc and there is nothing at all on my current credit file. I have previously (2015) sent an SAR to Barclaycard and received just a blank copy of T&C's, I then recently under the new GDPR rules asked Barclaycard for all my data. They sent me a massive wedge of what seems to be internal system statements, this did also include a copy of the CCA from 2002. I have also asked the DCA for the default notices and no response. I did pay an instalment of £60 a month to the DCA for 3 years (total £3000) up to the point when I sent the SAR in 2015 and did not receive a satisfactory response with no default notices. This debt is therefore not statute barred as far as I understand. I stopped paying at this point, because, there is no clarity over whether the balance they are saying I owe is now correct or whether they have actually the right to collect it. Also, I have had large refunds in the past from two other credit cards where they didn't default the debt properly and I continued charging interest and charges etc. hese refunds took several years to come to light and be settled. yesterday (19/03) I attended the hearing to get this set aside (I submitted N244 for in January) ,this was duly granted, but now I have 14 days to defend the new claim. It is not clear or satisfactory to me that this debt was ever defaulted at all or at the correct time, that HOIST portfolio have the right to claim this , and what the balance should be I would be grateful if you could advice on the best course of action. Please let me know if you need any further information. Many thanks,

Afternoon, I would be very grateful for some advice concerning a claim from Hoist Portfolio, originally connected with a Barclaycard Debt. To cut a long story short, I have just had a court hearing and managed to get a judgment set aside, because they sent the claim to the wrong address, despite having the correct one on file. its now set aside, however, I have been told, I now have 14 days to submit a defence to the original claim. My defence is that there have never been any default notices issued for this debt, there is no default date on my credit file, and in fact it appears as settled in 2011. I would like to know if this is a sufficient defence, or whether I will need other reasons. Many thanks.

After a long pause, I have just received another letter from Howard Cohen raising the threat level saying that legal proceeding WILL occur in ten days unless I respond. As seen in the attachments above I have only ever received a reconstituted CCA. Is there anything extra I can do to pre prepare in case they do try for CCJ? I have not as yet sent a SAR and I am aware that the timescales are quite tight once the court docs are issued. Many thanks

Ok thanks, I will continue to do nothing for the time being then.

The account was opened in October 2002 the last payment I made was to MKDP in May 2015. Default date was 1/04/2011 although I think it should have been much earlier than this. Sorry just reread the old post. I reposted because I heard that Howard Cohen have a reputation of pushing for CCJ, so wanted to be clear on my position before this happens . Thanks

I would be very grateful to receive some advice on the following. I received a response to a CCA request back in May and had stopped making payments to the DCA whilst this process was on going. This account seems to have been transferred many times now, but the other day I received what looks like a more threatening letter from Howard Cohen and Co solicitors. I have attached this letter, and the response to the CCA request which was just a copy of the T&C's. I would be grateful if you could advise the best course of action, ie try and defend any potential CCJ or offer a payment plan to try and avoid a court claim. Should I also send off a SAR now? Many thanks cohen 2016.pdf

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

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.

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

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.

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.

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.

Thanks, will do as advised.

Sorry for all the questions, but I am a bit confused by the above. I don't think the debt is close to be stat barred, because I was paying MKDP monthly until quite recently. Does the 6 years count from default date, or last payment date? Once default date is over 6 years ago, is it still possible to get a CCJ? Should I acknowledge the blank T&C's they gave me and change address or just ignore that? They have stated that this fulfils their obligation under the CCA, is that true? Could they still get a CCJ with just a blank T&C sheet?? Thanks again.

I have recently received this letter attached. Given that they could only supply a blank set of T&C's as seen previously, do you think I should respond in any way? or just see how it pans out. I have also changed address, do you think I should tell them of this at least. I am worried court documents may not reach me and I will end up with a CCJ because I don't respond.

As an update to this, I received the attached yesterday. It seems that this should be the end of it, or do I need to or should I respond in anyway? Many thanks for all your help.

I am sure there were a number of late payment charges etc on this account back in the day. Is it worth sending an SAR to Barclays? Just not sure what to do with this now, as it seems to be in limbo and don't know how to proceed.

Thanks, should a default be applied after 3 months of non payment?

That date is what is on my file. I stopped paying around the middle of 2009. I also have another case like this, where the default has not been recorded for three years after I stopped paying the credit card (although I did make intermittent payments to a DCA). Is there anything I can do about this, because it will now be affecting my credit file for longer than it should have done? Many thanks

Hi, This account was opened on 30/10/2002 and default date is 1/04/2011. The attached above is all they have sent me. Thanks

I would be grateful for some advice concerning the attached. I sent a standard CCA request letter from this site to MKDP who are collecting for a Barclaycard CC I had been paying them in instalments for at least a year, but after advice here, I decided to send a CCA request letter. I have just received the attached response, which is just a blank copy of the T&C's. Please could you tell me how I should proceed. Many thanks