lowell/Carter - claimform - mbna card debt

[kjun]

Hello all

Hoping for a little advice. Have received a claim from Northampton from Bryan Carter on behalf of Arrow Global.

 

The original debt was from MBNA and the claim is for this plus costs totalling £579.

 

The particulars of claim mention an arrangement that I can only assume refers to the original credit agreement with MBNA but does not mention them by name on the claim form at all.

 

Just wondering whether I should have had a letter advising the debt had been sold(I assume again) to Arrow as they are the ones taking the action when they are not the original creditor?

 

I am not disputing the debt and probably don't have much of a case to dispute the costs either apart from I only get the letter advising of legal action from Bryan Carter today the same as the claim

 

The letter ask to call him to discuss the matter so should I do this first before I answer the claim to try and resolve it?

 

Any thoughts/past experience with this company and how they operate would be useful so I can decide what to do would be useful. Thank you

[postggj]

what is the date of the claim form and the date of uncle bryan carters letter

[kjun]

The claim is dated 26th July and the letter is dated the same.

 

It states an account number, Mr Carter acting on behalf of Arrow. The particulars mention an arrangement and state the sum is due to Arrow however it was never Arrow at any point who provided funds or a credit agreement.

 

I was mulling over submitting a defence so at least they have to name the correct creditor as I had no agreement with Arrow nor did they provide me with any funds however I suppose this is being pedantic and splitting hairs

Edited July 28, 2012 by kjun

[postggj]

has uncle bryan applied for solicitors costs

[kjun]

there is a claim issue fee of £30 and solicitors costs of £50

[postggj]

well the costs are a no, no as it is a small claims action

 

please type out word for word the particulars of claim

 

its starts usually

 

monies owed

[BRIGADIER2JCS]

Hello all

Hoping for a little advice. Have received a claim from Northampton from Bryan Carter on behalf of Arrow Global.

 

The original debt was from MBNA and the claim is for this plus costs totalling £579.

 

The particulars of claim mention an arrangement that I can only assume refers to the original credit agreement with MBNA but does not mention them by name on the claim form at all.

 

Just wondering whether I should have had a letter advising the debt had been sold(I assume again) to Arrow as they are the ones taking the action when they are not the original creditor?

 

I am not disputing the debt and probably don't have much of a case to dispute the costs either apart from I only get the letter advising of legal action from Bryan Carter today the same as the claim

 

The letter ask to call him to discuss the matter so should I do this first before I answer the claim to try and resolve it?

 

Any thoughts/past experience with this company and how they operate would be useful so I can decide what to do would be useful. Thank you

 

Do not phone keep everything in writting!!!

[kjun]

The particulars state as follows

The Claimants claim is for the balance due under an agreement which is all now due and payable

 

The Defendant agreed to pay monthly instalments under account number xxxxxx(MBNA a/c no) but has failed to do so

 

And the Claimant claims the sum of £499

 

The Claimant also claims interest theron pursuant to s69 county court act 1984 limited to 1 year to the date hereof at the rate of 8% per annum amounting to 0.00(?)

 

I have not enetered into any agreement with Arrow Ltd for either a credit faciltity nor have I agreed an instalment plan under the quoted account number as they were both with MBNA.

 

Does anyone know the likelyhood if I made a defence on this basis, or any basis for that matter, of them discontinuing this claim as the particulars are not technically correct as they don't mention MBNA and should they produce the original credit application they will not be mentioned on it.

 

Are they able to take this action when they are not the original creditor as I am guessing they purchased this debt?

[kjun]

Thank you Brigadier, in writing only it is.

[BRIGADIER2JCS]

Ok some things need to be explained kjun.

 

When a debt is sold the debt purchaser takes on the whole

of the original contract with all the rights and obligations of

it, so the ''account'' is now their property to enforce as they

see fit, they may have held the account for some time berfore

taking any action.

 

I doubt that the defence outlined would hold any merit as it

is simple for them to produce a notice of assignment if challenged.

[postggj]

But has the Notice of Assignment been correctly served as to section 136, and 196 of the Law of Property Act 1925

 

has the DCA any right to demand payment or litigate, being the assigment has not been ratified in law as to the above statutory obligation

 

if not, then their is no Tripartite agreement

 

i might as well throw in Absolute or Equitable assignments into the equation as well for you to do your own research on the matter

 

be warned though, its heavy reading

Edited July 29, 2012 by squaddie

[OHW]

Hi, I have had the same letter and documents (from court). I have filled in acknowledgement of service but would like help as I dont know what next step is. I would like them to provide me with all documents which they are going to rely. This debt is almost entirely made of penalty fees from eons ago. They messed around with figures a couple of weeks ago to offer me a discount (and added them back on for court). There is no interest being claimed either.

 

Please can someone tell me (simply)

 

1. I it normal for them to mess around with figures such as this? and why no interest?

2. What should I request from them re CPR?

3. Im quite annoyed at this as a couple of years ago I offered to pay of the amount I owed if they waived charges and now they are taking me to court.

 

I would really appreciate it, I have heard its simple to defend yourself, and I dont mind doing it as long as I have a template or procedure to follow (not to confusing).

 

Hmm, I do have my own thread (no replies as yet).

[postggj]

Their seems to be a lot of waffle on this thread and no real substance. lets not forget this poster has a claim and the clock is still ticking

 

kjun

 

send the letter below by recorded delivery to brian carter on monday, i take it the claim is from Northampton CCBC so have you acknowledged online. on the claim form will be a password

 

we will prob end up getting a 28 day extension to file a defence as to CPR 15.5 but please acknowledge the claim on line and send to uncle bryan what i have posted below by recorded delivery first thing monday

 

DO NOT TOUCH THE DEFENCE OR SUBMIT ANY DEFENCE (MOST IMPORTANT) until advised

 

if uncle bryan fails to come up with the documents, we file an application notice to strike out the claim

 

 

PLEASE CONFIRM THE CLAIM IS BELOW £5000

 

Re: (Claimant's name) v (Your name)

 

Case No:

 

CPR 31.14Request

 

On (date) I received the Claim Form in this case issued by you out of the(Name) countycourt.

 

I confirm having returned my acknowledgement of service to the court inwhich I indicate my intention to contest all of your claim.

 

 

Please treat this letter as my request made under CPR31.14 for the disclosure and the production of averified and legible copy of [each of the following / the] document(s)mentioned in your Particulars of Claim:

 

1 The agreement.

 

You will appreciate that in an ordinary case and by reasonof the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documents constitutingthe agreement should be attached to or served with the particulars of claim andthe original(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

 

2 The deed of assignment.

 

3 The notice of assignment including proof of service.

 

 

4 The default notice.

 

5 The termination notice. (not mentioned in the POC but no harm asking just might not get)

 

 

Although your claim is for a sum which is not more than £5,000.00 and willin all likelihood be allocated to the small claims track for determination uponmy delivering a defence, at this moment in time I have not delivered my defenceand the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 dutiesby claiming otherwise

 

You should ensure compliance with your CPR 31duties and ensure that the document(s) I have requested are copied to andreceived by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose ofthis case.

 

Where I have mentioned a document and there is in your possession more thanone version of that same document owing to a modification, obliteration orother marking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

 

In accordance with CPR 31.15© I undertake tobe responsible for your reasonable copying costs incurred in complying withthis CPR 31.14request.

 

If you require more time in which to comply with this request you must tellme in writing. You must tell me before the time for compliance with thisrequest has expired. In telling me you require more time you must tell me whatsteps you have taken and propose to take in order to comply with this requestand also state a date by when you will comply with this request. In additionyour statement must be accompanied with a statement that you agree to anextension of the time for me to file my defence. Your extension of time must benot less than 14 days from the date when you say you will have complied with myrequest and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you willnever be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and a summary costsorder.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully (print name)

Edited July 29, 2012 by squaddie

[sillygirl1]

Whatever you do REFUSE to accept a further delay on the account if there is no documentation produced, these legal companies should have the documentation when they start action, and not use courts as a primary means of debt collecting.

[postggj]

i agree sillygirl, but i am a great believer of giving a company enough rope to hang themself

 

if uncle bryan fails to deliver withing 7 days of receipt, i will go with an N244 application and an unless order for a strike out

 

he will ask for an extension as to CPR 15.5

 

i know fullwell they will not have proof of service for the assignment issue

 

but we still have to go through the motions

 

i see uncle bryan is up to his usual tricks of solicitors costs as well when they are not applicable to a small claims action

Edited July 29, 2012 by squaddie

[sillygirl1]

If it is costs only he is going for then it is a split claim and there is a very easy way of dealing with this, simply let the court know asap this is what he is doing and do a complaint to the Solicitors Regulatory Authority.

[postggj]

what is your opinion on split claims sillygirl

 

let the poster get the judgement, the poster then pays the judgement which will be uncle bryans costs only within 28 days,

so the ccj is not recorded, null and void

 

uncle bryan would have shot himself in the foot as he then cant issue another claim for the balance as part 38 discontinuance comes into play

 

comments please

[sillygirl1]

I don't agree at all about getting a judgement when one should not be granted should the correct course of action be taken.

 

In this day and age many employers will automatically dismiss an employeee who has a court judgement, for whatever amount so that is one reason to fight.

 

The CCJ would not be null and void if paid in 28 days, it simply would not be recorded on the Registry Trust documentation and Uncle Bryan would then go for a further amount of money, citing that by paying the first amount the person has automatically accepted liability - there have been a couple of cases of this happening on this site in the past.

 

I am not sure of part 38 discontinuance rules as I am not legally trained nor qualified.

[postggj]

error

[postggj]

what cause of action would uncle bryan be using to claim his costs if not the debt

 

what would be uncle bryans pertic of claim to bring a cause of action just for his costs

 

as stated

 

i am unsure myself but would be interested in knowing

 

that is why i asked the question

 

i do know that splitting claims is a serious no,no and contrary to practice direction

Edited July 29, 2012 by squaddie

[sillygirl1]

Uncle Bryan has friends in high places who seem to allow him to continue in malpractice -ie going for his costs.

 

This is something this site has long campaigned against. Sigma are amother organisation trying it on their poor unsuspecting defendants at the moment. If you use the search bar and search this site for Sigma you will see the arguements and template defences already sorted out.

 

Sadly some of the legal profession get away with things they should not.

[postggj]

:evil:Sadly some of the legal profession get away with things they should not.

 

i take it friends in the SRA

[kjun]

Ok have filed the AOS online a few moments ago and will send the letter that you have provided tomorrow squaddie.

I have not completed the defence or admission yet

 

Thank you very much for your asistance so far it is much appriciated.

 

I will advise further upon a response to my(your) letter.

 

As for split claim as you would expect I do not understand this as the amount claimed presumably incurs the court fee and solicitors costs upon issue or is this not the case?

 

I take it you have had "dealings" with this person previously being on first name terms

[postggj]

:evil::evil:ME AND UNCLE BRYAN ARE OLD FRIENDS

 

just send the letter and wait for the response

 

remember

 

recorded delivery

[sillygirl1]

Don't worry too much, Uncle Bryan usually runs when asked for documentation.