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

[ims21]

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

 

Hi

 

Ok...those two £12 charges are worth some £58 to you now using an APR of 24.9% compounded. So if you have charges going back further than that (which according to your posts it is highly likely) you can see how quickly these can mount up to help you.

 

For example a £12 charge applied to the account on 1/1/04 would now be some £64.

 

Shame that SAR didn't go off earlier but still, we can only work with what we've got.

 

So the issue date from the court is 11 August so you have 5 days for service = 16th then 14 days to acknowledge = 30th August and then 14 days to submit a defence ( if you intend to enter one) = 13th September.

 

As I see it you have three choices.

 

If you want to absolutely guarantee that you don't get a ccj then the answer is to somehow rustle up the money and pay them. Then you fight for your charges back afterwards.

 

Or you could explore the mediation route as mentioned above.

 

The final one is to fight via a defence and countercalim for the charges and, if you don't get the SAR by the 40 days on the dot, you counterclaim for a breach of the DPA and that your attempts to quantify and verify the amount claimed are being frustrated by non compliance of the other side.

 

What are your thoughts?

 

Regards

 

ims

[MrHat]

Thanks IMS

 

I don't think any interest has been added since that last staement in Aug 2007 tbh

 

If I do try and claim back charges at a later date, where do I stand in terms of the law. I thought that charges had been ruled fair by the house of lords??? I am a bit confused here.

 

If I decide to pay up, wqhen is the latest I can do this without risking a ccj.

 

Also, if I do pay up, will this improve my credit score?

 

Thanks again

[ims21]

Thanks IMS

 

I don't think any interest has been added since that last staement in Aug 2007 tbh

 

Matters not when they stopped adding interest....they have had your money right up till now so you claim interest right up till now.

If I do try and claim back charges at a later date, where do I stand in terms of the law. I thought that charges had been ruled fair by the house of lords??? I am a bit confused here.

 

The court case didn't affect credit card charges reclaims so you would be OK to go for them. There are lots of threads on successful claims.

If I decide to pay up, wqhen is the latest I can do this without risking a ccj.

 

Any time before a hearing in front of the Judge I believe

Also, if I do pay up, will this improve my credit score?

 

They will mark your files as this debt being satisfied but won't improve the score as such...will just show as satisfied

Thanks again

 

 

You could acknowledge service at the 14 day mark and consider your position then with regards to a defence as the SAR info may have arrived by then.

 

Others will no doubt give a view on this as well

 

Regards

 

ims

[MrHat]

Thanks ims.

 

fyi - On the claim form it says that if I wish to make a payment, I must make sure that the claimant receives the money within 14 days of the date of service and that I should allow 4 days for payments to reach the claimant.

 

Wouyld be intereted to hear any confirmation that I can, in fact, stretch this out to 30 days...

[ims21]

Thanks ims.

 

fyi - On the claim form it says that if I wish to make a payment, I must make sure that the claimant receives the money within 14 days of the date of service and that I should allow 4 days for payments to reach the claimant.

 

Wouyld be intereted to hear any confirmation that I can, in fact, stretch this out to 30 days...

 

I think it depends on how you play it.

 

I've asked for someone else to have a look in as well so that we can get some further opinion.

 

Regards

 

ims

[martin g]

Hi,

Bear in mind that if you did run it all the way to court and then lost a CCJ will not be recorded on the register if you pay the judgement off within 28 days.

having dealt with Arrow in 2 occasions and their solicitors I can assure you that they will not hold any paperwork> You can certainly extend the period by making CPR requests and when they don't comply ( as they almost certainly won't) you can request extension of time to file a defence. they may well discontinue if any of the documents are defective.

I would push them for all the info which they will rely on and by then you should have your staements from MBNA to allow you to make the next move,

don't be paniced into making a hasty descision when you can play them at their own game.

 

martin g

[MrHat]

Hi,

Bear in mind that if you did run it all the way to court and then lost a CCJ will not be recorded on the register if you pay the judgement off within 28 days.

 

martin g

 

Is this 100% true. Can I wait 14 days, acknowledge service, then put in CPR request, then lose, then pay up and avoid a CCJ. There must be a downside to this such as extra charges????

[AndyOrch]

Hi Mr Hat

 

Looking in as requested by IMS21.

 

Push them to disclose CPR all the way and request an extension CPR 15.5 they will fall like a pack of cards.

Can you post up the P.o.C less any identifiables?

 

Regards

 

Andy

[ims21]

Hi Andy

 

Thanks for looking in

 

Regards

 

ims

[MrHat]

POC (have altered the exact amount and acct no)

 

The claimant's claim is for the sum of £1300 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA (No. 1234567887456321) and assigned to the claimant on XX/09/2007, notice of which has been provided to the defendant.

 

The defandant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

And the claimant claims the sum of 1300

[MrHat]

thanks for helping out andy

[dx100uk]

its interesting to note the bryan carter has not shown their face in this case

me thinks things are getting thru to them,

they would have been all over this like seagulls

soethings up

 

noe, i can confirm from other secret sources that arrow will drop this like a stone

 

its all charges and it very very rare for these to get near court

 

me thinks this new sol they have is aboutto get truely battered

 

and dont forget costs too.

 

its a shame that whatever you refered too in the first few posts was not an sar? what was it?

 

go get 'em

 

and dont be afraid of getting that ccj

 

watchout for approaches on the phone to 'negotiate' them a way out.

 

i'm wondering once they get the SOC for charges what their reaction will be

 

dx

[MrHat]

Is this 100% true. Can I wait 14 days, acknowledge service, then put in CPR request, then lose, then pay up and avoid a CCJ. There must be a downside to this such as extra charges????

 

want to clarify this. If the downside is that I lose and can still avoid a CCJ on my file by paying withinn 28 days, then I feel a lot better about defending.

 

To summarise what I do have:

 

1. Copy of original agreement

2. 1 monthly statement

3. SAR response from Arrow (no letter of assignment of default notcie provided)

 

Awaiting SAR response from MBNA

[MrHat]

posts crossed there dk

 

thanks for the advice

 

One thing to clarify from me is that I am not confident that the whole balance is made up of charges but think that about a 1/3 could easily be if not more. But then I don't have the evidence. Yet...

[MrHat]

By the way, Wilkin Chapman Grange are a local solicitor to where I grew up and near to the address that was orininally on my account. However, the address of the firm is actually Arrow's. :?

[ims21]

posts crossed there dk

 

thanks for the advice

 

One thing to clarify from me is that I am not confident that the whole balance is made up of charges but think that about a 1/3 could easily be if not more. But then I don't have the evidence. Yet...

 

I would say that if that is correct (that one third of the balance is made up of charges) then by the time you go for interest in restitution at a nominal rate of, say 29.9% or 24.9% then most, if not all, of that account is wiped out.

 

Will be interesting to get the charges details when the SAR comes back.

 

Regards

 

ims

[MrHat]

Thanks for all your help so far caggers

 

I'm off to bed and will sleep a bit easier after the advice on here

 

One thing I note is that I must keep an eye on my dates as do not want to respond late to the court.

 

What is my next action? Wait until the 14 days are nearly up and then acknowledge?

[MrHat]

dk - the original SAR (referred to in 1st few posts) was from Arrow, not MBNA and therefore contained little of interest

[dx100uk]

shame you didn't ask here firstwho to sent it too

anyhow me thinks you are going to come out of this smiling

!

 

dx

[citizenB]

Did you confirm that it was actually you that made the payment in 2007 ?

[MrHat]

Hi all

 

I want to make sure I don't mess this up so...

 

1. Bearing in mind that the issue date of the claim form is 11 Aug and the service date 16 Aug (5 days after issue date), I need to respond by 11.59pm on 30 Aug if I do it online. Is this correct?

 

2. Should I wait the full 14 days or respond sooner? By waiting the full 14 days, I get the full 28 days to prepare. If I acknowledge sooner, do I get less time?

 

3. Based on the information on this thread, what should I tick? 1-intend to defend all of this claim 2-intend to defend part of this claim or 3-intend to contest jurisdiction ?

 

4. Are there any disadvantages in using the full 28 days (e.g. increased costs added to claim)

 

5. What is my defence? Is it that I do not want to pay until I have details of all transactions and charges so that I can be sure that the money is owed? How would you (the experienced cagger) sum up my defence in a sentence or two?

 

^^^those are all urgent questions for now, below are other questions keeping me awake at night

 

6. If I go all the way to court, what are the likely cost implications (claimants costs added to claim) should I lose at that stage

 

7. What happens if it goes all the way and it is deemed that I owe, say, £600 of the balance rather than the full ammount of the claim? Would I still have to pay costs of the claimnant and would I still get a CCJ?

 

8. If I do get a CCJ, can I get it removed (make it disappear without a trace) if I pay up within 28 days. Is this true or missinformation?

 

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

 

Many many thanks to all that have helped so far and those that can help with the above.

[MrHat]

citizenB - there is indeed a payment that left one of my old bills accounts in 2007 unfortunately

[AndyOrch]

Hi all

 

I want to make sure I don't mess this up so...

 

1. Bearing in mind that the issue date of the claim form is 11 Aug and the service date 16 Aug (5 days after issue date), I need to respond by 11.59pm on 30 Aug if I do it online. Is this correct? No 16.00pm otherwise its classed as the next day

 

2. Should I wait the full 14 days or respond sooner? By waiting the full 14 days, I get the full 28 days to prepare. If I acknowledge sooner, do I get less time? No the time remains the same.

 

3. Based on the information on this thread, what should I tick? 1-intend to defend all of this claim 2-intend to defend part of this claim or 3-intend to contest jurisdiction ? 1 & 2 are subject to your personal circumstances and the reason the claim has been made 2 is a guaranteed CCJ irrespective of a defence and 3 is not applicable unless you are outside of the UK

 

4. Are there any disadvantages in using the full 28 days (e.g. increased costs added to claim) no if you have a valid defence

 

5. What is my defence? Is it that I do not want to pay until I have details of all transactions and charges so that I can be sure that the money is owed? How would you (the experienced cagger) sum up my defence in a sentence or two? I will let you decide that

 

^^^those are all urgent questions for now, below are other questions keeping me awake at night

 

6. If I go all the way to court, what are the likely cost implications (claimants costs added to claim) should I lose at that stage Depends on the Track allocated and the complexities of the case.

 

7. What happens if it goes all the way and it is deemed that I owe, say, £600 of the balance rather than the full amount of the claim? Would I still have to pay costs of the claimant and would I still get a CCJ? Depends on your choice at 3 but if you go for option 2 then yes

 

8. If I do get a CCJ, can I get it removed (make it disappear without a trace) if I pay up within 28 days. Is this true or missinformation? or immediate if forthwith yes its true

 

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

 

Many many thanks to all that have helped so far and those that can help with the above.

 

Regards

 

Andy

[MrHat]

thanks for answering my questions Andy.

 

I feel a bit stuck. As I don't currently know how many charges are on the account, I don't know if they would exceed the value of the claim so it is difficult to say whether I should tick 1 or 2 on the acknowledgement of service. My feeling is that I need to contest all of the claim for now. I won't know the ammount of charges until SAR response is received from MBNA and even then they may leave things out. MBNA have until 16th September to respond (if they decide to comply with 40 day limit). Timings are very tight in that respect as my defence needs to be in a few days before that.

[AndyOrch]

If you are aware that there are penalty charges/ inflated interest/ unquantified amounts and are not in possession of said statements

presuming your pretty sure these could be considerable then IMHO I would defend all (the only option to argue and present your case fairly)

Even if you lose you had your say and could even result in the claimant backing off and agreeing settlement.Option 2 does not allow this yes it may be adjusted but you will get the CCJ irrespective.

 

Andy