Drydensfairfax Arrow Global and MBNA

[AndyOrch]

scary

there's still some ref numbers showing in yr attachment #12?

was this an online application?

is this the one which was settled?

 

 

Upload unapproved ..please remove account number and bar code.

 

Regards

 

Andy

[scarydays]

Document re-attached with bar code blanked out

[Guest]

I have no idea what sort of application it was, to be honest. And yes, I believe it is the settled agreement, however I can't be sure as there are many different account numbers. The account number on the letter of assignment they enclose from 2012 is different to that on the letter. And there doesn't appear to be any account number on the agreement.

 

ok.

as andy then. if they apply to lift with an app'n for summ judgment, then you object and rebut their arguments. as it might have been settled, and numbers are different, then maybe seems likely to be at least triable issues, and one poss defence re that it has poss been previously settled and their claim is spurious? as per the cpr posted.

anyway, see what andy says.

[BRIGADIER2JCS]

Was this the only document provided? If this is a "reconstituted" agreement it must have:

Your name and address at inception, ditto for the creditor

All the Ts & Cs at inception and Current/Closure of the account

Any document mentioned in the Ts & Cs. and any amendments.

[scarydays]

Hi there,

 

I'm back again after several months as today I received a notice of hearing for an order and summary judgement to take place on 8th October for the above claim.

 

Included in the pack is a form N244 completed by the solicitors (Blake Lapthorn)

 

A witness statement on behalf of the claimant

 

A reconstituted agreement - which doesn't reference any agreement/account number

 

A default notice - which does reference an account I held with MBNA, now settled.

 

A notice of assignment from Arrow Global (who are bringing the case) which references a different account number, an account I have never held with anyone.

 

The letter I wrote to Drysden Fairfax back in November 2012 on receipt of the court claim (CPR 31.14 request).

 

Any assistance on what to do next would be greatly appreciated.

 

Kind regards,

 

SD

[AndyOrch]

Okay so they have made application for SJ.

 

This is the procedure (assuming you are doing this yourself) you now have to draft a Witness Statement in response/objection to their application and state the reasons why this must proceed to trial.The WS must be served not less than 7 days pre hearing (8th Oct) on the court and claimant.

 

Look at their WS and point by point refute and explain why its untrue.

Then attack their disclosures ..their weaknesses and why what they have disclosed is invalid.

 

Andy

[scarydays]

Thanks Andy, I will get to work on that and post my efforts here for you to review, if you don't mind.