Arrow Global MBNA debt- **1st round - WON** **Seconds out! Round 2!!!**

[I've got no money]

I am sorry it was not what you expected but at least you have won!

Well done.

 

I'd be lying if I said that I wasn't relieved...it is really stressful but I'm chuffed - we now have to sort yours out...

 

I've got a huge skeleton that I filed that I could do with posting on here - but I don't know how to post a pdf file...

 

Any suggestions guys - its' 18 pages long...so I can't just copy and paste like I've done with the defence

[I've got no money]

Well done IGNM, looks like we might both have the same Chancery Judge.

 

Is that how you ended up in Leeds - at what point was it transferred - before or after

[broken arrow]

I'd be lying if I said that I wasn't relieved...it is really stressful but I'm chuffed - we now have to sort yours out...

 

I've got a huge skeleton that I filed that I could do with posting on here - but I don't know how to post a pdf file...

 

Any suggestions guys - its' 18 pages long...so I can't just copy and paste like I've done with the defence

 

Maybe a page at a time?

I was limited to 250 words with mine.

[I've got no money]

Don't forget it was 7 days following date of service . So the first day following deemed date of service would be Friday 4th August 2006, the 7th Day would be Wednesday 10th August.

 

Therefore it was a Defective / Unlawful Default notice as it failed to allow the prescribed time. The account was unlawfully terminated on the back of it (commencing Court Action is an example of termination)

 

Irrespective of any other points - I think that they are stuffed on that point on its' own...

[broken arrow]

Is that how you ended up in Leeds - at what point was it transferred - before or after

 

When I made my appeal application.

[I've got no money]

Again folks I just cannot thank you all enough - I knew nothing about consumer and you've taught me a phenomenal amount.

 

Again Thanks again

[I've got no money]

When I made my appeal application.

 

I think my DJ took one look and thought I want to get rid of this and at the first chance shunted it off - so there may be a chance we'll bump into each other at court.

[broken arrow]

I think my DJ took one look and thought I want to get rid of this and at the first chance shunted it off - so there may be a chance we'll bump into each other at court.

 

Just hoping this Chancery Judge knows his stuff or is willing to listen.

[I've got no money]

Maybe a page at a time?

I was limited to 250 words with mine.

 

 

That sounds wrong to me - a case summary is normally 250 words a skeleton is usually as long as you want it to be...

 

You'll need a proper skeleton for your appeal

[broken arrow]

That sounds wrong to me - a case summary is normally 250 words a skeleton is usually as long as you want it to be...

 

You'll need a proper skeleton for your appeal

 

Yes,your right when I made my appeal I sent a skeleton which was 2 pages, before the hearing I was asked to send a witness statement no more than 250 words.

[citizenB]

Thanks Guys

 

Well it was a real anti climax - I arrived at court to be met by a really pleasant Barrister for the other side who started off by saying that "I don't think that we can progress this today...you clearly have an arguable case that should be determined at trial..."

 

Application dsmissed by consent

 

I didn't get to argue anything - their counsel had never heard of Rankine!!!

 

It is hard to believe they didnt, the Rankines were so sure of themselves and got a lot of press.. and a bliddy television programme Lets hope their counsel remain in ignorance for the next round

 

What is interesting is that I've been given permission to file an amended defence and counterclaim - which has now been filed and served - they have 21 days to file a reply and defence to CC. The case has then been transferred to Leeds which is a Chancery county court with a direction that a Chancery DJ give further directions after receipt of their reply and defence to CC.

 

I'll start a new thread for the claim and post my amended defence.

 

If a mod wants to mark this particular thread as won - as of course I have won the strike out...

 

Excellent news. I am really pleased for you. I will do the honours if you dont mind:D

[questioning]

Hi IGNM,

Fab news, well done!

 

For anyone who is interested, here's the link for part two..........

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/197867-arrow-mbna-ignm-pt.html

 

I'm certainly looking forward to the next round.

[citizenB]

IGNM, I have put out a request for someone to advise on the PDF issue for you.

[supasnooper]

Well Done IGNM - Very well deserved.

 

To post a pdf file - If you click on the "Go Advanced" button next to the "Post Quick Reply", the screen should change and you should see more icons above the reply box.

 

If you select the paperclip, a pop-up window will open, select "browse" and the navigate to the location of your pdf, then click on "upload"

 

Once the file has uploaded, and you've typed your reply then click on the "Submit reply" button

[summerbreeze]

Very well done IGNM .. Good luck on the next part

[Spamalot]

Congrats IGNM....and good luck for the next round.

[I've got no money]

I can do it...thanks for the instructions - I've uploaded the skeleton which was an effort between me and a number of other caggers

 

I know that my skeleton is NOT perfect and should not be relied upon as a complete and accurate statement of Law but it worked

CAG Skeleton.doc

Edited May 6, 2009 by I've got no money

[r&b]

well played IGNM

[shakespeare62]

Excellent result ! I wouldn't be surprised if Arrow Global discontinue before the main hearing -

 

• they've lost the summary Judgement Application so they are not going to win by default,
  
• their costs are going up,
  
• they know now you've got 'sharp teeth' ,
  
• they've purchased the debt for 'diddly squat' - no doubt that is one reason why they don't want to produce the Deed / Document of Assignment.
  

They are stuffed on the defaut notice, because section 88(1) of the Consumer Credit Act 1974 states a Default notice must be in the prescribed form i.e. a Court is denied room for discretion. This Act of Parliament states 'must'.

 

Does Arrow Global really want to pursue this to trial ..to instruct an agent to represent them at £200 - £250 per hour for a case they are likely to lose ? They would be wise to cut their losses and drop it (of course this doesn't mean they are wise)

Edited May 6, 2009 by shakespeare62

[I've got no money]

Excellent result ! I wouldn't be surprised if Arrow Global discontinue before the main hearing -

 

• they've lost the summary Judgement Application so they are not going to win by default,
  
• their costs are going up,
  
• they know now you've got 'sharp teeth' ,
  
• they've purchased the debt for 'diddly squat' - no doubt that is one reason why they don't want to produce the Deed / Document of Assignment.
  

They are stuffed on the defaut notice, because section 88(1) of the Consumer Credit Act 1974 states a Default notice must be in the prescribed form i.e. a Court is denied room for discretion. This Act of Parliament states 'must'.

 

Does Arrow Global really want to pursue this to trial ..to instruct an agent to represent them at £200 - £250 per hour for a case they are likely to lose ? They would be wise to cut their losses and drop it (of course this doesn't mean they are wise)

 

That is my thought exactly - I've done them a Part 36 Offer and told them we'll call it a draw - no Order as to costs. I've also told them that if they don't accept that I'm instructing Solicitors - which would really rack the costs up.

 

To be honest I really can't be doing with the hassle.

[I've got no money]

I wish that I knew how much they'd paid for it...

[shakespeare62]

In the good times (pre credit crunch) I believe for around 10p - 30p in the pound but rates can now be as little as 2 - 3 pence in the pound which is why creditors would often make you a 50% settlement offer first #.

# Another reason for a Creditor or DCA making a debtor an apparently attractive 'settlement offer' / restructured loan offer can be a cunning attempt to remedy a missing agreement and to get you to sign a new one (which they can then enforce)

 

The 'sale' value of the Debt is probably weighted according to the Debtors Asset value, when he last made payments, does he have a telephone number, his last known address, whether a valid credit agreement exists etc. etc.

Edited May 6, 2009 by shakespeare62

[caro]

Thanks Guys

 

Well it was a real anti climax - I arrived at court to be met by a really pleasant Barrister for the other side who started off by saying that "I don't think that we can progress this today...you clearly have an arguable case that should be determined at trial..."

 

Application dsmissed by consent

 

Well done IGNM.

 

This just shows the importance of properly preparing your case, and how knowledge empowers you. Show your opponents that you know and understand your rights and they soon see there's no point in trying to take you on.

[caro]

Just read through your skeleton argument, which looks very comprehensive. This area is not my strong point, but for the benefit of other people who might like to use it for themselves, I would be nervous about putting in a counterclaim for damages.

 

Surely such a claim would require a proper application, full POC and a fee to be paid.

[I've got no money]

Just read through your skeleton argument, which looks very comprehensive. This area is not my strong point, but for the benefit of other people who might like to use it for themselves, I would be nervous about putting in a counterclaim for damages.

 

Surely such a claim would require a proper application, full POC and a fee to be paid.

 

 

1. In terms of pleading the counterclaim you plead that as part of the defence

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/197867-arrow-mbna-ignm-pt.html#post2147014

 

2. Fee - you're right there is a fee - but as I keep saying it is possible to get remission.

 

Tactically I've now offered to discontinue my counterclaim if they drop their claim with no order as to costs.

 

I'd agree that it makes it more complicated. I've just drafted a defence on another thread and have very deliberately not included the injury to credit point although I have included the declaration that the agreement is unenforceable