Question about DN from MBNA

[bunkbed]

entered in error, please delete

Edited July 21, 2009 by bunkbed

[bunkbed]

Name of the Claimant? Arrow Global Guernsey Limited

 

Date of issue – 14 July 2016

 

What is the claim for – the reason they have issued the claim?

 

1. The claim is for the sum of £4000 (rounded) in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Contact Drydens Fairfax solicitors on 0113 XXX XXXX

 

What is the value of the claim? £4000 (rounded)

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? Think it was in 2007

 

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. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't know

 

Did you receive a Default Notice from the original creditor? Don't know

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know

 

Why did you cease payments? Financial problems

 

What was the date of your last payment? April 2014

 

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? No

 

-------------------------------

 

 

I've received a claim form from the Northampton centre for a MBNA credit card now owned by Arrow, solictor is Drydens

I'm 99% sure I sent a CCA to Arrow and had a reply which I think said

"We've been unable to obtain the document from the original creditor",

I'll have to do through my stuff to find out.

 

I'm guess I should send off a CPR 31:14 to Drydens asking for any documents they have?

 

If my issue date is 14 July 2016, when do I need to submit my defense by?

 

Many thanks.

[dx100uk]

don't forget to ack the claim {AOS BOX] on mcol website

defend all

leave juris unticked.

 

 

get a new CCA request running to the claimant

get a CPR 31:14 running to drydens

don't sign anything

leave the £1PO uncrossed and blank.

 

 

is this on your credit file?

might have the take out date which might be important

[AndyOrch]

Monday 15th August is the deadline to submit a defence.

 

Regards

 

Andy

[bunkbed]

don't forget to ack the claim {AOS BOX] on mcol website

defend all

leave juris unticked.

 

 

get a new CCA request running to the claimant

get a CPR 31:14 running to drydens

don't sign anything

leave the £1PO uncrossed and blank.

 

 

is this on your credit file?

might have the take out date which might be important

 

Thanks.

 

I've acknowleged the claim on MCOL and will send off the CCA and CPR 31:14 tomorrow.

 

I've just checked Noddle and the account isn't on there, does that mean they defaulted me over 6 years ago?

[bunkbed]

Monday 15th August is the deadline to submit a defence.

 

Regards

 

Andy

 

Thanks.

[dx100uk]

Thanks.

 

I've acknowleged the claim on MCOL and will send off the CCA and CPR 31:14 tomorrow.

 

I've just checked Noddle and the account isn't on there, does that mean they defaulted me over 6 years ago?

 

 

 

yes good sign

[mercyblue]

yes good sign

 

Maybe but the last payment been april 2014 isn't

[martin2006]

check http://www.clearscore.com too, not all report to all cra's, clearscore is also free

 

Experian can be done online, think its £2 but takes a while longer for ID verification via post

[bunkbed]

The plot thickens!!

 

I've received a letter back from Arrow.

They're saying that they are still waiting for the CCA from my original request in April 2016 and that my account is still on hold, despite getting Drydens to issue proceedings against me!

 

Are they being sneaky and hoping I won't submit a defence and the CCJ will be granted automatically?

 

Just carry on with sorting your defence and following the court process regardless. Make reference to the CCA and CPR requests in your defence. Post your defence up here for Andyorch and Co to offer feedback - you've got a bit of time yet though.

[dx100uk]

as above in blue

[bunkbed]

Hi, please can someone check this defense, just realised the deadline is today!!

 

 

1. The claim is for the sum of £4000 (rounded) in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s). The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 19 July 2016.

 

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request, this was posted on 19 July 2016, to date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 crediticon Act 1974.

 

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

[dx100uk]

sort of but you need to address each of their numbered paragraphs properly

like the DN?

 

 

I have added their poc above to help you

[bunkbed]

sort of but you need to address each of their numbered paragraphs properly

like the DN?

 

 

I have added their poc above to help you

 

Sorry, I'm a bit confused.

 

Should I list each of there statements from the POC and counter them?

Do you have an example defense?

 

Thanks.

 

I've been away and can't find my MCOL details, just rang them and they said I'd have to email my defense, just waiting for an email from them with the address to do it.

 

Has anyone submitted a defense by email?

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=By+virtue+of+a+sale+agreement+between+MBNA+and+the+claiment,+the+claim+vested+in+the+claimant+who+has+a+genuine+commercial+interest.+The+defendant+has+been+notified+of+the+assignment+by+letter.&sa=Search+CAG#gsc.tab=0&gsc.q=By%20virtue%20of%20a%20sale%20agreement%20between%20MBNA%20and%20the%20claiment%2C%20the%20claim%20vested%20in%20the%20claimant%20who%20has%20a%20genuine%20commercial%20interest.%20The%20defendant%20has%20been%20notified%20of%20the%20assignment%20by%20letter.&gsc.page=1

[bunkbed]

Is this ok?

 

POC

-----

 

1. The claim is for the sum of £4000 (rounded) in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Defence

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement

 

3. Paragraph 3 is denied. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 19 July 2016.

 

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request, this was posted on 19 July 2016, to date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 crediticon Act 1974.

 

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

I just send them the Defence bit?

[bunkbed]

I've realised I missed a line off

 

Is this ok?

 

POC

-----

 

1. The claim is for the sum of £4000 (rounded) in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments.

 

2. A default notice was served upon the defendant and has not been complied with.

3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

Defence

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s).The Claimant/Solicitor has failed to disclose any agreement/s or statements on which its claim relies upon.On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request. I have received a letter acknowledging my request. To date they have failed to supply the documents and remain in default.

The Claimant is therefore prevented from seeking any relief or enforcement until such time they comply with my legal request pursuant to the CCA1974.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement

 

4. Paragraph 3 is denied. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 19 July 2016.

 

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request, this was posted on 19 July 2016, to date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, as 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 crediticon Act 1974.

 

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

Is this now ok?

[dx100uk]

blue bit can go

it already repeated below.

 

 

and tidy that bit you too.

[bunkbed]

blue bit can go

it already repeated below.

 

 

and tidy that bit you too.

 

Brill thanks, will go with

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to an amount due under an agreement (s).The Claimant/Solicitor has failed to disclose any agreement/s or statements on which its claim relies upon.

 

3. Paragraph 2 is denied with regards to the Claimant serving a default notice in connection with the alleged contractual Agreement

 

4. Paragraph 3 is denied. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim I requested information pertaining to this claim by way of a CPR 31.14. To date I have yet to receive a compliant response. This was posted on the 19 July 2016.

 

On receipt of this claim I requested information pertaining to this claim by way of a Section 78 request, this was posted on 19 July 2016, to date I have yet to receive a response complying with the request. To date they have failed to comply and remain in default.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a)Show and disclose how the Defendant has entered into an agreement(s); and

 

(b) Show and disclose how the Claimant has reached the amount(s) claimed for;

 

© Show how the agreement(s) were breached/ terminated to allow the claimant relief.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, as 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 crediticon Act 1974.

 

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

Just want to check that I just put the defence on the form or do I need to put the POC as I'm referring to them?

[bunkbed]

Defence submitted via email, fingers crossed it goes through ok.

[martin2006]

I realise its a little late but just to confirm yiu did not need to add the poc, just your defence to the claim is all thats required