MBNA and Arrow Global - claim form received - bal prob all unlawful charges ***Struck Out With Costs***

[MrHat]

Thanks for your attention caggers! Nice to hear from you all!

 

OK, so the plan is to SAR MBNA and request all statements. In the meantime, should I also write back to Arrow Global and ask for a breakdown of the figure including charges.

 

Obviously if they issue proceedings in the meantime, I will be back on here like a shot...

[ims21]

Hi

 

As CitizenB suggested, I would write to Arrow and ask them for a breakdown of the figure they are claiming. And, again as suggested, let them know that you are mindful of the charges on the account for which you will be raising a counterclaim.

 

Regards

 

ims

[MrHat]

Ok, just drafting something...This is a first draft so would appreciate ant comments before finalising and sending by rec delivery....

 

Dear XXXX,

 

Ref: 1234567890987

 

Thank you for your letter dated X which was received on X.

 

Please could you provide me with a detailed breakdown of the figure you are claiming, including all charges and fees that have been applied since this account was opened.

 

Whilst I have only seen one monthly statement (enclosed with your recent letter), I note that £24 of charges have been applied to the account. This comprised of two £12 charges, one being a 'late fee' and the other being an 'overlimit fee'.

 

I suspect that these charges have been applied on multiple occasions especially considering that the balance showing is £1300 despite a credit limit of £700.

 

I look forward to hearing from you.

 

Yours Faithfully,

 

Mr Hat

[ims21]

Hi MrHat

 

As you have sent a SAR to MBNA, you only need to ask Arrow for the statement of account since they started processing the debt and the charges that they (Arrow) have applied to the account.

 

All of the other charges will be shown and the SAR from MBNA

 

Regards

 

ims

[dx100uk]

quite honestly i'd await the SAR retutn before you do anything else.

 

prob show the fees are greater than the sum outstanding.

 

then we'll go from there

 

its rare for dca's to add 'fees'

but even if they have

closing figure from MBNA wil show in the sar and then compare than against the figure arrows are claiming.

 

have you checked your CRA ?

 

who's name is against the debt and what does that say about it?

 

dx

[BRIGADIER2JCS]

Agree.

[MrHat]

I am in no doubt that all fees were added by MBNA and not Arrow. I am just worried that Arrow may issue proceedings before SAR response...

[ims21]

If they do issue, you have a defence that you can build based around the fact that due to there being a [substantial] sum of fees and charges plus interest which are the subject of a reclaim, you have not been put in a position where you verify the true balance due on the account if any.

 

ims

[BRIGADIER2JCS]

Arrow use the ''excellent'' legal services of Bryan Carter ''Solicitors''

so there is nothing to worry about there.

[ims21]

Ah....good old "Bulldust Bri" got the legs of an athelete when challenged

ims

[BRIGADIER2JCS]

Too right he gets the squitters at the first sign of a defence:madgrin:

[MrHat]

Not much of an update but sent the SAR to MBNA about a week ago. Was slightly delayed in doing so due to family drama.

 

Will wait the full 40 days and see what comes back

 

Nothing further from the DCA but suppose they could serve papers on my any day now...

[BRIGADIER2JCS]

If Carter serves papers your on a WINNER:jaw:

[MrHat]

Well well well

 

I have today received a Claim Form from Northampton CC. Claimant is Arrow Global, solicitors are Wilkin Chapman Grange (but with Belvedere St address)

 

I need help now as haven't had to deal with this before. Does this need moving to legal?!!

 

Tu summarise my position

 

1. They do have a valid CCA

2. I need to avoid a CCJ at all costs as I have been working hard to tidy up my credit file and this would set me back horribly

3. I do have some funds to pay the balance (but it would wipe out most of my savings). Claim is in the region of £1400

4. There are propably lots of late and overlimit fees on the account if the statement they included in their CCA request is anything to go by

5. I sent SAR to original creditor (MBNA) about 10 days ago so they still have another 30 days to respond (if they bother)

 

I can't stress enough point 2. Bearing that in mind, what are my options and what do you advise.

 

Many (many) thanks to anyone that can help. Am panicking a bit here, didn't think I would but hey ho

[BRIGADIER2JCS]

How large is the claim, if can be dealt

with as a small claim then I recommend

HMCS Small Claims Mediation Service,

this can even be done by telephone appointment

the decision made by agreement between the

parties is set in a TOMLIN ORDER which is

binding on both parties and NO CCJ is Recorded.

If you want to know more you can google the service.

[MrHat]

ok thanks

 

claim is for £1300 + Fees and £80 solicitors costs

 

I reckon at least £480 of it is charges (that's not even incuding interest), possibly a lot more but I wont know until or if MBNA include this in SAR response

 

I will read up on Tomlin orders...

[BRIGADIER2JCS]

Hi I'm going to get someone to look in

on this for you.

IMS are you around

 

BUMP.

[dx100uk]

thread title added too - moved to legal.

[MrHat]

If they do issue, you have a defence that you can build based around the fact that due to there being a [substantial] sum of fees and charges plus interest which are the subject of a reclaim, you have not been put in a position where you verify the true balance due on the account if any.

 

ims

 

This is possibly the most relevant post on here. Unfortunatley I do not have the SAR response (from MBNA) yet and expect they will take their time. Trying to figure out how I can pay an agreeable fee without risking a ccj......

[ims21]

Hi

 

Brig mentioned mediation which is a good idea to have in your mind at the moment.

 

However, you mentioned earlier in the thread that you had some documents suggesting £12 x 2 charges going on the account. Do you have the evidence of these i.e. a document which shows them and the dates they were paid?

 

I realise that you are waiting for the SAR for full information but have you go anything at moment whch will show some charges?

 

Regards

 

ims

[BRIGADIER2JCS]

Thanks ims I'm a bit tied up atm.

 

Brig.

[MrHat]

Hi there

 

I have one statement that was included in my CCA reply from Arrow/MBNA. It showed 1 late fee of £12 and an overlimit fee of £12. The limit on the account was £700 and the balance at the time of default was £1300 which leads me to believe that a lot of overlimit fees would have been charged. Going by my equifax report (which goes back 6 years) the account was marked as late no less than 20 times so plenty of late fees likely to be on account.

[ims21]

Hi

 

This statement you have...what were the dates of those two £12 payments?

 

Also what is the date of issue of the court papers?

 

Regards

 

ims

[MrHat]

For the late fee it says 'transaction date' of 07 Aug 2007 and 'posting date' of 07 August 2007

 

for the overlimit fee it says 21 Jul 2007 and 8 Aug respectively

 

Issue date for court papers is 11 Aug 2011

[ims21]

OK

 

Back in a mo....

 

ims