Drydensfairfax served court papers - ***Claim Discontinued***

[dogbert21]

Hi

 

Urgent assistance please.

 

Drydensfairfax served a county court claim on me on 18th Oct.

 

I requested a copy of my CCA from MBNA in July 2009.

 

Had various letter but no CCA, then Jan 2010 had letter stating that they need to get copy from the original lender quickly followed by default letter.

 

Oct 2010, got a letter from MBNA telling me that they could not comply with my CCA request.

 

Jan 2012 got a letter from MBNA to say debt being sold to Arrow Global Guernsey Limited.

 

Oct 2012 got letter from Drydensfairfax giving me 10 days to make payment or will issue court proceedings. I sent a letter back stating the account was sold while in dispute.

 

Drydensfaifax responded - As we have now become aware that you dispute the debt, we have placed the file on hold. However we must advise you that a county court claim was recently issued in this matter. You will shortly receive a claim pack from the court.

 

We have requested a copy of the original credit agreement from our client as well as copies of statements of the account. No further action will be taken whilst we await this documentation from our client.

 

We would further advise you that, upon receipt of these documents, we will forward them to you and allow you 14 days to review them and respond accordingly.

 

Received court papers on 23rd Oct.

 

Have responded to claim with intention to defend and sent CCA and CPR31.14 to Drydensfairfax. Also sent SAR request to MBNA.

 

Not sure what to do now.

[unclebulgaria67]

What is the approx value of their claim ? If under £5k, you might also want to send a part 18 request. For claims under £5k many 31.14 requests are rejected, on the basis of them not being appropriate for small claims track.

 

Can you post the particulars of claim up, as this may help inform what else you could do/

 

Nb. So far you have done as much as you can. i.e acknowledge the claim that you will defend in full and request info from the claimant.

[dogbert21]

Hi, many thanks for the quick reply, the amount is more the 5k.

 

I have attahed POC details.

 

Cheers

 

D

[dogbert21]

Apologies for the spelling errors....been a long day!!!

[Gaston Grimsdyke]

What is the approx value of their claim ? If under £5k, you might also want to send a part 18 request. For claims under £5k many 31.14 requests are rejected, on the basis of them not being appropriate for small claims track.

 

Part 18 doesn't apply to small claims either. But unless and until it is allocated to a track there is no reason for a Defendant not to employ Part 18 or Part 31.14, even if the claim is less than 5K.

[dogbert21]

Just noticed that the letter from Drydensfairfax says that they will get the documents from their client (Arrow Global) and send them to me, I will then have 14 days to reviews the documents. This should be interesting since MBNA have already sent me a letter stating that they can't comply with my CCA request. Not sure what I should state as my defence on the court form?

[AndyOrch]

Hi dogbert responding to your PM.

 

Let me look at what you have and I will get back to you over the weekend.

 

Regards

 

Andy

[dogbert21]

Here is the latest letter from Drydensfairfax - does this mean that I/they can do nothing until I get the docs?

[dogbert21]

Hi Andy, did you get a chance to take a look at this, I have 9 days left to post a defence. Cheers D (Drydensfairfax served court papers - no CCA)

[AndyOrch]

Bit of a waiting game now dogbert but you must adhere to the timetable whether they have responded or not.If no disclosure before next Wednesday then you will have to submit an holding defence in the absence of the unfurnished information.Bump your post mid week.

 

Regards

 

Andy

[dogbert21]

Thanks Andy,

 

Regards

 

D

[dogbert21]

Hi Andy, mid week bump as nothing received from Drydensfairfax.

 

Regards

 

Dogbert

[Guest]

..... I have 9 days left to post a defence. Cheers D (Drydensfairfax served court papers - no CCA)

 

they've had time to comply with your request for docs. but, if you want more time, and want to give them more time, could ask them again to agree an extension to the def deadline as was mentioned in the cag 31.14 letter. would need them to agree in writing by return the specific date agreed being up to 28 days from the def deadline and then for you to forward their confirmation to the court with your advice of the agreed extension. but, would need to request their cpr response some time before that date to give you time to assess what if anything they send. otherwise, need to do a defence within that 9 days you say. up to you?

[AndyOrch]

Hi D

 

You are submitting an holding defence then...we can draft this tomorrow morning if you are around..the deadline is Friday but I will not be available on Friday.

 

Regards

 

Andy

[dogbert21]

Hi Andy, I will be at work tomorrow until about 7pm, will you about then?

[dogbert21]

Thanks Ford, I would rather get the defence in and then wait and see what happens next.

 

Regards

 

D

[AndyOrch]

Hi Andy, I will be at work tomorrow until about 7pm, will you about then?

 

Yes I will be around tomorrow evening.

[dogbert21]

Cool, I will get logged in as soon as I get home.

 

Regards

 

D

[dogbert21]

bump

[AndyOrch]

Hi Dogbert Im on line now.

 

Andy

[dogbert21]

OK mate

[dogbert21]

Where do we start with this one?

[AndyOrch]

Just looking at their P.O.C and whizzing through the thread.

[AndyOrch]

Ok this claim will be tracked to Fast Track. When you requested your CCA in 2009 was there any reason for this..was there an ongoing dispute unfair charges miss sold PPI?

[dogbert21]

Originally when I was out of work I wrote to MBNA requesting acceptance of £1/month As per Debt helpline Advice , MBNA ignored this so was advised to try to reduce amount owed by getting a copy of my CCA (not got any copy myself as card was originally with another lender from years ago) and looking to claim back any unfair charges and/or PPI.