Statutory Demand & Weightmans LLP MBNA 'debt' **cancelled withdrawl **

[gazbo34]

Hi Guys and Gals,need some help regarding a statutory demand that was hand delivered from an agent of Weightmans LLP last Monday 16th March 2009 although the date on the SD is the 27th January 2009.

The creditor is listed as Arrow Global LLC, 5996 W.Touhy Avenue,Niles, IL, 60714 USA who i assume have bought this debt from MBNA.

 

I had an MBNA credit card that was taken out in approx June 2002 but due to job loss and going to work abroad stopped making payments around 2/3 years ago,came back home last year due to family illness and didnt give it a thought until Monday also cant recall receiving any other post about this debt although to be honest 2008 is just a blur of hospitals and hospices.

 

My issues are:-

 

1 - What should my next course of action be? Should i send a CCA and/or anything else and if so should it go to Weightmans or Arrow Global?

 

2 - Will they proceed with their threat to commence bankruptcy proceedings? (The debt is £13,000 ish)

 

3 - Is it worth offerring them a monthly payment,could afford about £100 a month.

 

4 - Am listed on the title deeds and mortgage on what was my parents house with 2 other siblings which is currently up for sale but any equity in the property is my sisters.How can i protect her if they try to come after the property?

 

Any help given will be much appreciated

 

Thanks in advance

 

Gary

[clemma]

I am bumping this up for you as you have to deal with that SD a.s.a.p.

 

Someone should be a long to help soon.

[42man]

Gazbo - you have 18 days from the date of service in which to set this aside....you need to fill out forms 6.4 (set aside) and 6.5 (affadavit) you can find the forms here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

Is there a name of your local court on the papers ? if so then you will need to submit the forms and swear them in when you take them (or get them sworn in at a local solicitors - which normally costs about £5 - usually free to do this at a local county court, although central London courts charge £12 to do this - just ring the court mentioned on the papers to check they handle bankruptcies, if there is no court mentioned ring your local county court to check they handle bankruptcies/insolvencies...

 

You need to substantially dispute the debt (may I ask what they have said the debt is for on the stat demand ? - but don't be specific with the numbers)....

 

Send a CCA request off ASAP too....this normally goes to whoever owns the debt now....

 

You could dispute due to a number of things....but again depending on what is on the stat demand..

 

Non production of a valid credit agreement that contains the prescribed terms.

 

Non production of a valid default notice.

 

Non production of a CORRECT default notice in the prescribed form

 

Non production of statements for the duration of the account (it being not uncommon for some debts to be made up entirely of excessive penalty charges)

 

Non production of valid notices of assignment

 

An abuse of the process

 

I also think a SAR (Subject Access Request) to Arrow and MBNA would be a good idea too...

 

You can find a CCA request and a SAR here - The Consumer Forums - Debt collectors

 

Also spend some time reading through here too - DCA Legal Successes - The Consumer Forums

[gazbo34]

Thanks for the prompt reply 42man,have seen some posts regarding uploading so will have a look around and upload the Stat Deand

 

Thx

[palomino]

It is unlikely they will proceed with a bankruptcy petition.

 

(a) A creditor's petition costs around £1600

(b) If you are made bankrupt then all creditors are paid out pro rata.

 

Unless your assets exceed your liabilities (in which case you probably wouldn't be in this situation) then any petitioner is going to get back a lot less than is owed.

[gazbo34]

God i love this web site and only been here 2 days, thx for the advice so far. Am in the process of firing off a CCA Request and a SAR Request but can i just clarify does the CCA and SAR go to Weightmans, Liverpool (Who are the DCA!! Get me with the abbreviations!!) or to Arrow Global, Illinois, USA or to MBNA as the original debter or to all of them?

 

Have now uploaded my Stat Demand so if any one could have a nosey and let me know if it seems ok,have removed names,reference numbers etc.

 

 

http://i725.photobucket.com/albums/ww256/gazbo34/Page1.jpg

 

 

http://i725.photobucket.com/albums/ww256/gazbo34/Page2.jpg

 

 

http://i725.photobucket.com/albums/ww256/gazbo34/Page3.jpg

 

 

http://i725.photobucket.com/albums/ww256/gazbo34/Page4.jpg

 

 

Thx in advance

 

Gary

[Nottsdave]

CCA goes to the DCA, SAR normally goes to the OC.

 

Notts

[gazbo34]

Cheers for the prompt reply Nottsdave

[42man]

Something doesn't ring true here when a company from the USA put their name on the demand.....!!! How can a US company issue a stat demand..... - Daughter in CCJ Littlewoods debt threat | Abbey fraud | National Savings blunder | This is Money - can anybody here check this company out on Companies House ? (Arrow Global)...

[42man]

If I were you I would give the Insolvency Helpline a call to check out whether this is 'allowed'..... - IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help

[42man]

http://www.arrowglobal.net/

[gazbo34]

Hi 42man,thx for the swift reply.Am still on hold at the Insolvency debtline so will let you know what they say later.I want to SAR Arrow Global so should i use the 15 Old Bailey address or the american address that is listed on the stat demand?

 

Cheers

[kitchenboy]

Looking at the wording of page 2 on the stat. demand, it looks as if they are implying that the assignment maybe equitable, as they are being intentionally vague. Challenging this on the matter of assignment is a valid defence as the main difference between equitable and absolute assignment is that the assignee (arrow) can't bring action against you in their own name, arrow can only be a party to action that has to be instigated by the original creditor.

[babybear39]

Wouldn't CPR be quicker to get the documents

[42man]

Can't use CPR for Insolvency Laws BB.....CPR are only for Civil actions....

[babybear39]

Thanks 42man, I'll think next time

[gazbo34]

Hi folks,no news yet from the insolvency helpline,was on hold for ages and when i got through it was only the night time staff who took some info and said someone would call tomorrow regarding Arrow Global LLC being listed on the stat demand with a USA address.

 

Have been busy copying and pasting and first thing tomorrow morning a CCA is on its way to Weightmans and a SAR to MBNA and to Arrow Global.

 

Am a bit confused over which address to send Arrow Global's SAR to as they are listed as the creditor on the stat demand but with an American address in Niles, Illinois USA. Can you send registered/recorded post to the USA and surely the consumer credit act does not apply to a US company so would they have to comply with a SAR and if not then surely a UK address should have been used on the stat demand.

 

42man(Thx again) has posted this link http://www.arrowglobal.net/ BUT how am i supposed to know if this is the same company and is it down to me to go searching on the internet to find a UK postal address for a company that is serving me with a stat demand!!! Surely the DCA should have used a UK postal address so any demands for a CCA/SAR etc could be sent.

 

Rant over for now and once again thanks in advance for any help

 

Cheers

 

Gary

Edited March 23, 2009 by gazbo34
Spelling due to keys being in the wrong place!!!!!!!

[gazbo34]

Just spoke to the insolvency helpline and they have said that an american address can be used on my stat demand as it was probably just an error as they do have a registered office in UK at the address 42man provided.

SAR on its way now.

 

42man,with respect to my 6.5 affidavit can i just list the reasons you mentioned in your earlier post as grounds for not admitting the debt and also use the- im waiting for a cca etc argument?

 

Cheers

[42man]

Send off the CCA request....and have a look here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html#post1769594

[gazbo34]

CCA gone as well as a SAR request to MBNA and Arrow Global. Have kept the postal order and special delivery posting receipts just in case!!

Going to work on my affidavit over the next few days so no doubt will be posting again shortly!!!!

[gazbo34]

http://i725.photobucket.com/albums/ww256/gazbo34/31-03-2009021245.jpg

 

 

http://i725.photobucket.com/albums/ww256/gazbo34/Page2-1.jpg

 

 

 

Been working away for a few days so only just got back to do my 6.5 Affidavit,thought i might even miss my 18 days so been working like a lunatic to get the job finished!!!

Have uploaded my affadavit so if any one could have a quick look and see what they think before i swear it in at the court,any comments would be appreciated

 

Cheers

 

Gary

Edited March 31, 2009 by gazbo34

[42man]

Gary.....it MIGHT be a good idea to put in some of the higher court case law to support

 

For example....

 

 

 

And point 4 - add it not being uncommon for debts to be made up entirely of excessive penalty charges.

 

And I think you must make it clear that the prescribed terms must be correct in the agreement too....

 

Have a look at this one here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html#post1769594

 

It might also be worth requesting the judge order the alleged claimant to remove any adverse default information too (I have heard of one judge that did allow this)...

 

 

You could also ask the judge to grant you an indemnity award too in light of the obvious upset this has caused you and your family...

 

Quote

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

 

And if you feel there is any whisker of an abuse of the process then add this too...

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

[nicklea]

Gazbo,

 

It has been pointed out a few times elsewhere that point (6) of your document is incorrect - it doesn't have to be under the hand of the assignor. So you might want to take that bit out.

 

I think it might have been myself that wrote that originally - and I've had the error of my ways pointed out to me. I wouldn't want you to make the same mistake.

 

regards

 

nicklea

[gazbo34]

Thanks for the heads up nicklea, have removed point 6 and added a few extra points that were made by 42man. Finished affadavit is posted below if anyone could have a quick perusal (word of the day!!) and comment before i toodle off to court tomorrow morning it would be much appreciated.

 

Just a couple of quick points,

Do i need to attach a photo copy of the stat demand to my affadavit and label it " A " ?

 

Do i need to attach a copy of my cca request letter and the proof of posting certificate or just the latter?

 

 

http://i725.photobucket.com/albums/ww256/gazbo34/Page1FinalAffadavit.jpg

 

 

http://i725.photobucket.com/albums/ww256/gazbo34/Page2FinalAffadavit.jpg

 

Cheers

 

Gary

Edited March 31, 2009 by gazbo34
Brain stopped working earlier!!

[42man]

Gary....you can attach a copy of the stat demand.....and yes also attach your CCA request and a copy of the proof of postage too...