Arrow/evershers CCJ+CO over old MBNA debt

[reggie76]

My account is now being dealt with a solicitor acting on behalf of Arrow. I have not missed a single payment but the solicitors have applied for a warrant of execution. I asked Arrow for a copy of my CCA and I have just received this email from the solicitors-

 

We note your request for a copy of the "true signed agreement of the CCA". Regrettably, your request is invalid as no agreement currently exists for this matter. You did not comply with the terms of the Default Notice served upon you in November 2006 and, as a consequence, the agreement was terminated.

 

Additionally, we would like to point out that we were instructed to act on our Clients behalf in this matter in November 2006. In the absence of a response to the Claim issued against you, forthwith Judgment was subsequently obtained against you in February 2008. A Charging Order application was then made and served upon you in March 2009 and the charge subsequently registered against your beneficial interest in your property.

 

Throughout all of the above process, you have not once requested a copy of any agreement in this matter. You have also never disputed that you owe this debt, even making payments toward the Judgment balance. It is with all this in mind that our Client can confirm that it will not be providing you with a copy of the agreement.

 

Are they right in what they are saying or do they need to produce an original signed agreement?? The debt was for a credit card.

[dx100uk]

sorry wrong thread

 

dx

[reggie76]

So, where do I stand??

I'm up against time on this, so any advice would be appreciated.

[tamarindo]

So, where do I stand??

I'm up against time on this, so any advice would be appreciated.

 

 

Have you ever applied for the charging order to be set aside on the ground of

not agreement ever being provided???

 

Also tell the court that they have to provide the original in court???

 

I am not a legal adviser but there are here litigators here like

 

pt2537@consumeractiongroup.co.uk, may help.

 

tam

[reggie76]

Thanks Tam appreciated.

 

Any other advice from anyone? I have just emailed the solicitor to ask if they actually have a signed CCA in their possession.

Edited March 24, 2009 by reggie76
spelling

[palomino]

My account is now being dealt with a solicitor acting on behalf of Arrow. I have not missed a single payment but the solicitors have applied for a warrant of execution. I asked Arrow for a copy of my CCA and I have just received this email from the solicitors-

 

We note your request for a copy of the "true signed agreement of the CCA". Regrettably, your request is invalid as no agreement currently exists for this matter. You did not comply with the terms of the Default Notice served upon you in November 2006 and, as a consequence, the agreement was terminated.

 

Additionally, we would like to point out that we were instructed to act on our Clients behalf in this matter in November 2006. In the absence of a response to the Claim issued against you, forthwith Judgment was subsequently obtained against you in February 2008. A Charging Order application was then made and served upon you in March 2009 and the charge subsequently registered against your beneficial interest in your property.

 

Throughout all of the above process, you have not once requested a copy of any agreement in this matter. You have also never disputed that you owe this debt, even making payments toward the Judgment balance. It is with all this in mind that our Client can confirm that it will not be providing you with a copy of the agreement.

 

Are they right in what they are saying or do they need to produce an original signed agreement?? The debt was for a credit card.

 

This is bollocks. The law says in essence that they must supply a copy of your credit agreement on request. There is no mention of court cases. There is no mention of the account being closed.

In any case the law requires that they keep any such documents for a minimum period of six years after the account is closed.

[reggie76]

Thanks, appreciated.

[dx100uk]

have got any copies of these supposed court docs?

do you know what court it was?

 

what about these payments you have been making? to whom ?

and have they been showing on your statements and from whom are they coming from?

 

if they do have a CO, than as advised you need to get it set aside.

 

dx

[reggie76]

Thanks for your reply.

I have been making monthly payments to the solicitors £40 for a £6,500 credit card debt, but they are just being difficult.

 

I also had this email from the solicitors late yesterday-

 

Following my response to your last email, I have now had the opportunity to escalate your request to my line manager. He has in turn has contacted Arrow Global LLC.

A copy of your agreement, Statements and Terms and Conditions will be sent to you by post today, directly from our Client. You should receive this in the post shortly.

Bit gutting as I hoped Arrow haven't got the signed agreement!

[reggie76]

Anyone else had problems with Arrow or Eversheds??

[Nottsdave]

Dont give up yet , wait to see what comes in the post in might be a load of rubbish.

[reggie76]

hope so!!

[palomino]

Anyone else had problems with Arrow or Eversheds??

 

Not problems really. More like fun.

[reggie76]

Why are they being so difficult with me then?

 

Or are you being sarcastic?

[Nottsdave]

Reggie,

 

They are difficult with just about everyone, Palomino is having a larf.

 

Notts

[reggie76]

Thought so, lol!!

 

Really want to get one over them!

[reggie76]

I have been asked to provide bank statements and payslips to Eversheds who are acting on behalf of Arrow Global.

 

Am I obliged to send them this information or is an income and expenses form sufficient?

[dx100uk]

no

none of their business

don't even send them an I/O form either.

 

offer them what you can afford and nothing more

 

dx

[reggie76]

They have taken me to court, given me a CCJ and a charging order even though I have made monthly payments without fail, and have now been granted a warrant of execution all because I have failed to supply them with bank statements and payslips.

 

I have just completed a N245 form and sent off a CCA request letter as I am not going to take this lying down anymore.

 

Comments would be appreciated.

[palomino]

Did you contest the claim? Did you go to the hearing and explain all this?

[reggie76]

No, I didn't contest it as it wasn't done in my local court and it was all a bit underhand, I didn't know what was going on or what my rights were!!!

 

I feel like I've been taken for a ride and also annoyed with the courts and it appears to have been very one-sided.

 

Basically I could have done with finding this site earlier!

[PGH7447]

You can contest this judgement you know

[reggie76]

What's the best way of going about it?

 

I've sent off a N245 form to the courts and a CCA request form to Arrow.

What else can I do?

[miziwizzi]

subbing, would be interested in how OP can contest judgement as have same situ with asset?

[dx100uk]

They have taken me to court, given me a CCJ and a charging order even though I have made monthly payments without fail, and have now been granted a warrant of execution all because I have failed to supply them with bank statements and payslips.

 

I have just completed a N245 form and sent off a CCA request letter as I am not going to take this lying down anymore.

 

Comments would be appreciated.

 

pity you didn't say this in the 1st post.....

 

dx