Arrow/Shoos claimform - old MBNA debt - settled by Tomlin - drydens now write saying pay us not Arrows?

[toxicdebt]

Cheers for the address.

[toxicdebt]

Ive received a letter from 'Debt Clear Recoveries and Investigations LTD' today asking me to contact them regarding the MBNA debt.

 

After some research Ive found that Debt Clear are in fact MBNA. Apparently the company is listed as dormant and does not have a trading licence. Not even under MBNA.

 

Ill be asking them about this when I send them my Account in Dispute letter.

[toxicdebt]

Ive had a bazaar letter today from Debt Clear Recoveries & Investigations Ltd.

 

its entitled "opportunity to be debt free" and suggests that i ask friends and family to lend me money to repay the alleged debt. it also goes on to suggest I re-mortgage my house to repay the alleged debt.

 

Both of the above suggestions are in breach of the OFT Debt collection guidelines 2.6b..

"pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing"

SEE HERE

 

I am sending the dispute letter with a list of OFT Guidelines they have broken but I notice they ask me to make a reduced offer to them for a partial settlement. I am considering adding the following paragraph but am weary as i do not want to admit to the alleged debt.

 

RE Settlement Offer:

In your second letter you request I make a reduced settlement offer. With regard to this I would repeat that I dispute the alleged debt, as detailed above, but would be willing to forward a token sum of £50 if it would result in a full and final settlement of the disputed alleged debt.

Anyone care to offer input?

ive also discovered that Debt Clear are infact MBNA! The are listed as a dorment company with company house and therefore should not be handling financial transactions on behalf of a third-party

[toxicdebt]

Well after nearly a year & a half of nothing Ive had a letter from MBNA saying they will be assigning my alleged debt to a DCA. (see below)

 

Ive decided not to respond until i get some correspondence from the DCA

 

[Scrapper]

My mate had exactly the same letter from them at the weekend. Ben has been a busy boy with all this letter writing

 

He hasn't heard anything for nearly a year either.

 

Thanks

Scrapper Coco

[Fred Bassett]

Join the club Toxic.

 

Regards.

 

Fred

[toxicdebt]

It seems MBNA have asked Wescott to collect on their behalf. I received a red letter demanding payment blah blah. I Wrote back with a dispute letter saying that they were number 6 in my list of companies MBNA had assigned to collect etc etc and they replied saying they were looking into it & would cease collection meanwhile. 1 month past now and no reply.

[Fred Bassett]

It seems MBNA have asked Wescott to collect on their behalf. I received a red letter demanding payment blah blah. I Wrote back with a dispute letter saying that they were number 6 in my list of companies MBNA had assigned to collect etc etc and they replied saying they were looking into it & would cease collection meanwhile. 1 month past now and no reply.

 

Similar story for me. It really does make you wonder why they bother at all.

[toxicdebt]

Wescott wrote back a couple of weeks ago saying they had returned my file to MBNA and would not persue the matter any further. However....

 

Today i received a letter from MBNA saying they has sold & assigned the debt to Wescott.

 

Seems strange that two weeks after Wescott's return my file, MBNA inform me its been sold to them.

 

Im sitting tight until I get any further correspondence from Wescott's. Im assuming they will be writing to me if they have indeed bought the debt.

[Scrapper]

Wescott wrote back a couple of weeks ago saying they had returned my file to MBNA and would not persue the matter any further. However....

 

Today i received a letter from MBNA saying they has sold & assigned the debt to Wescott.

 

Seems strange that two weeks after Wescott's return my file, MBNA inform me its been sold to them.

 

 

My mate had the same thing. Wescott returned to MBNA then a letter stating that it had been sold to Arrow Global re Wescott.

 

Seems like they are getting to books straight and off loading all the old unenforceable debt.

 

I wish them lots of luck NOT

 

Regards

Scrapper Coco

[toxicdebt]

Just had this Court claim form in the post today from Arrow Global. First Ive heard from them. Last id heard was from MBNA in January saying the debt had been assigned to Wescots. (see above)

 

Furthermore it has got a complete wrong address on it. The address is for an old peoples home on my street - their full address & postcode but with my name on. It had been opened & sellotaped back down before being put through my door by the poor old person who resides at the address Global sent it to. Its dated 19th September. Apparently Ive got just 14 days to respond admitting the debt or denying it.

 

Any suggestions as to what my next move should be?

 

http://i155.photobucket.com/albums/s284/makum101/mbnaclaimformblanked.jpg

[griffin036]

I hope you still have the Default Notice as in #196

Should provide a good defence!

[toxicdebt]

Yes Ive still got the DN How can I use it in my defence?

 

Also... How should I reply to my Court Claim form? Should fill in the defense bit and not admit to the debt bit, but what about the fact Arrow Global have my address wrong. Should I point that out? They must have been sending stuff to the wrong address all along as Ive never had anything from Global at all - no letter of assignment or anything. Just this court claim which was hand delivered by the chap who lives at the address (old peoples home) wher they have been sending stuff to).

[toxicdebt]

Just had this Court claim form in the post today from Arrow Global. First Ive heard from them. Last id heard was from MBNA in January saying the debt had been assigned to Wescots. (see above)

 

Furthermore it has got a complete wrong address on it. The address is for an old peoples home on my street - their full address & postcode but with my name on. It had been opened & sellotaped back down before being put through my door by the poor old person who resides at the address Global sent it to. Its dated 19th September. Apparently Ive got just 14 days to respond admitting the debt or denying it.

 

Any suggestions as to what my next move should be?

 

http://i155.photobucket.com/albums/s284/makum101/mbnaclaimformblanked.jpg

Bump.

[toxicdebt]

Tomorrow is deadline day to file my defence.

Ive sent a CPR 31.14 and 9 days have passed without any reply from the claimant. so I'm thinking I should send an embarrassed defence and was wondering if anyone could tell me if this looks okay? (below)

I have other lines of defence such as the DN & the Agreement but Im thinking as they have failed to reply to my CPR letter I should keep my other defence lines for use later.

 

The Defendant neither deny nor admit to any indebtedness to the claimant.

 

The Defendant sent the claimant a CPR31.14 request for the original signed agreement and default notice relied upon in the Particulars of the Claim.

 

The claimant received the CPR31.14 request on the XXXXXXX by recorded delivery.

 

As of the XXXXXXX the claimant has not supplied the requested documents, the claimant has given no good reason or any reason at all to the defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the claimant's claim is to rely on.

 

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

 

The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim, which were requested in the CPR31.14, including the Notice of Assignment, which would prove the Claimant's right to bring this action.

 

The conduct of the claimant is denying the Defendant the right to submit a full defence and as the action stands at the present time, the Defendant is somewhat confused and unsure as to exactly what the claimant's claim is for, the Defendant is unable to file a full defence as a direct result of the claimants negative Pre - Action Conduct.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of seven (7) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's further failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

 

 

Statement of truth

I believe that the facts stated in this defence are true.

I am the Defendant.

 

In hope.

[MARTIN3030]

Flagged for site team.

[citizenB]

toxic debt, can you please confirm the date of issue of the claim form - top right hand corner of the form.

 

If it is as you state earlier, 19th September then you have until Monday, 22nd October to submit your defence !

 

I have to be honest, I would prefer someone with more experience in defences to look in on you before you submit.. so I will send out some S.O.S's for you.

 

Couple of questions as your thread is a bit lengthy..

 

Default Notice - when was it dated - what amount of time did they give you to remedy (it should be 14 clear days allowing 2 working days for 1st class mail and 4 working days for 2nd class. ) As MBNA very rarely used 1st class mail, preferring to use UK mail which is akin to 2nd class then I am hoping that this was the case.

 

Did the Default notice require you to pay just arrears or did they demand the full balance.

 

Were you advised of the assignment and by whom?

 

At the time the claim was issued, did you have an unresolved dispute or an s78 request that had not been fulfilled ?

 

If you can answer these questions that would be good

[Andyorch]

Hi Toxic responding to CBs S.O.S.

 

Can you either convert your upload of the summons to PDF (the above is too small to read) or type it out verbatim less any identifiable data.

 

Regards

 

Andy

[toxicdebt]

Hi citizenB & andyorch

Many thanks for the reply. In answer to your questions....

 

1) Ive reattached my claim form (blanked) as a CCF2.pdf.

 

2) Yes the claim form is dated 19th - Ive just emailed the court and asked how long I have & they confirmed until the 22nd, but does that include the 22nd?

 

3&4) I received the DN on the 9/9/09, it was dated 7/9/09 and they gave me until the 24/9/09 to pay the TOTAL sums owed, not the arrears. (see attached Default notice.pdf & UkMail envelope; DN env.pdf).

 

5) I was not informed of the assignment. All I have received is a letter from MBNA in July 2011 saying that they will be "Taking further action to recover the debt" (see post #204 above on this page)

 

6)Re Dispute - yes. Its been in dispute ever since my CCA request came back with TWO agreements - (see post #6 on page two of this thread ) - One being signed & dated BEFORE I signed and dated it - they signed & dated it on 10 July 2002 & my signature is dated 28th July 2002(CCA2). Since then I have had a number of DCA's come for the money but whenever I have pointed out the dispute they have all written back to me saying they had passed the debt back to MBNA and closed their files on it - the latest being Wescott's in November 2011. I have not had ANY correspondence from Arrow Global or their Sols ever. (they also had the wrong address on thee claim form. I emailed the court to correct this).

 

I hope that helps.

[citizenB]

Ok, well they are NOT permitted to ask for the FULL balance on a Default notice - it is a statutory requirement for arrears ONLY.

 

So that is one point in your favour.. we can help you word something for that.

 

They have also fibbed by saying they have complied with preaction protocol, when they havent even bothered to let you know there has been an assignment ! Again we can help you word something for that..

 

You have up until midnight of the 22nd to submit your defence

[toxicdebt]

Thanks.

[Andyorch]

DEFENCE:

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with MBNA Europe Bank Limited.

 

2. Paragraph 1 is denied with regards to the Claimant being assigned the debt, neither the Claimant or MBNA have ever provided a Notice of Assignment pursuant to Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

3. Paragraph 2 is admitted with regards to a Default Notice being served by MBNA I will contend that the time allowed to rectify any breach was insufficient and that the Default Notice requested the full balance not the arrears which renders said DN invalid and not pursuant to the CCA1974.

 

4. Paragraph 2 is denied with regards to the Defendant not making payment to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

One Defence Toxic check it over for accuracy and edit if necessary to suit.

 

Regards

 

Andy

[toxicdebt]

Many many Thanks Andy. That all looks good to me.

Im submitting it on the court website now. Do i need to add the "Statement of truth

I believe that the facts stated in this defence are true.

I am the Defendant."

 

bit at the bottom?

[MARTIN3030]

yes

[toxicdebt]

Defence submitted.

 

Many thanks for everyone's help - esp andyorch & citizenB.

 

I'll update the thread when Ive heard back from the court about the next step - whatever that may be