Claim from Restons/Arrow Global about MBNA CC debt - how do I respond?

[this.bloke]

I have received a Claim, via Northampton,

from Restons for an assigned MBNA CC debt.

 

I have used the advice on this site with good effect with MBNA,

various debts collection agencies and solicitors

but am now faced with this POC saying I have a contract with MBNA

– which I need to reply to the court by the 31st March:

 

I have CPR 31.14 Restons and they refuse to acknowledge my letters saying there is no signature

so they cannot verify my identify, despite my first letters being acknowledged. The request expires in the next couple of days.This is standard for Restons from what I read here.

 

I know they won't acknowledge a request for an extension to serve a a N244 do I persist and enforce the request of documentation because it is shakey or do my save my bunce, identify the lack of documention and cooperation and to the court in my defence and use “The Mould's” letters of the proof of their claim.

 

How valuable an asset is having a Statement of Account signed by an MBNA staff member and the covering letter indicating this to my defence, as possible attempted fraud, or will this be put aside as a 'clerical error'? I have lots of other 'clerical errors' as a defence.

 

Any advice would be good - as to the direction I should take - Thanks everyone, you've made peoples lives a lot easier out here in the woods.

Edited March 17, 2014 by this.bloke
Too much personal info and change of tactics of defence

[Andyorch]

Hi and welcome to CAG

 

If you could take time to read the following and then post details as advised.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

 

Regards

 

Andy

[this.bloke]

Date of Issue: 26th Feb 2014

 

What is the claim for – the reason they have issued the claim?

POC: The Claimant claims payment of the overdue balance from the Defendant under a contract between the Defendant and MBNA dated on or about 26/02/2009 and assigned to the Claimant on 20/12/2011 in the sum of 4490.21. Particulars a/c no: ***********

Date item value

29/10/2013 Default Balance 4490.21

 

Posr Refl Cr NIL

 

Total 4490.21

 

What is the value of the claim 4490.21 +court fee 85.00 + solicitors costs 80.00 4655.21

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned from MBNA (O/C) to Claimant : Global Arrow

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Eventually, Yes

 

Did you receive a Default Notice from the original creditor?YES , 7th March 2011

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NEVER, Notice of sums in arrears, Jan 28,2011 and 28 March 2011

Why did you cease payments:-

Cheap deal on self certified, interest only Mortgage can to an end, bad weather as an outside worker, Brother divorced and living with me – suffering from depression. Took an up an awful lot of my time to keep him out the pub. 'Usual' problems of ex-partner not allowing access to young children unless maintenance payments made, these were voluntary payments. Overcome now – one lives with me the other wants to but my hours are limited to school time and no weekends. An emotional benefit well worth the financial loss. To be honest MBNA didn't put up a fight so I left it on the back burner.

 

 

Was there a dispute with the original creditor that remains unresolved? Yes, Only by me questioning the on-line agreement – 'no signature' or IP address. And they took 2 days extra (second class) to send me a agreement – over the time limit and I slipped in the fact that a member of MBNA staff had signed a Balance Statement when I asked for a signed copy of the agreement and they confirmed this in a covering letter.

 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt Management plan? NO, they acquiesced to all my demands to go away.

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant???? Restons or Arrow????? Do I include ONE POUND POSTAL ORDER? , Will do this tommorrow 18th Tuesday - can I email them?

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied withinthe claim form.

Request 1 - Loans/Credit CardsDone, Restons 7 days are up Tuesday 18th. They had returned my letter saying there was no signature on it and could not confirm it was from me and needed me to sign the letter. They have no supplied any information reqested - so far.I was going to send them a snotty letter today Monday 17th with the letter returned but but checked e-mail at lunch time and am replying to these questions this evening.

 

I was hoping to defend the Claim as a point of principle; they have more money than me - but the question is is my defence any good? Should I bite the bullet and damage limitation? Not too worried about CCJ, besides the Mortgage (Interest only) to keep the family together in one place I have another £15,000 of O/D, CCs (on a cheap rate , O/D is proportionality more) After 12 years I'm finally breaking even with self employment and all my children are happier here with me. What do I do? - I struggle on . . . like every one else.

Edited March 17, 2014 by this.bloke
typos

[Andyorch]

The CCA request goes to the Claimants Sols named on the claim form...It is important to head the request if you have not paid or acknowledged the debt since assignment " I do not acknowledge any debt with your company"

[this.bloke]

Thanks, I had sent a letter to Brian Carters on the:

 

14th November 2011 explaining I was in dispute (on the items listed above) and they were not to sell the debt as a consequence.

 

18th November 2011 Carter's sent me a letter saying they were agents for MBNA, they had no record of a valid dispute and I was to contact MBNA for clarification.

 

8th February 2012 Carter's sent me a letter headed "FINAL NOTICE RE: Arrow Global Guernnsey Limited" "We have been instructed to act in connection . . . . "

 

3rd April 2012 Letter from Rockwells, acting for their Client Global Arrow. . . . many more from various DCAs

 

30th September 2013 My first communication from Global Arrow asking me to detach and return prepaid form to opt out of future offers.

 

29th October 2013 Arrow sent me notification of transfer to new agency, Restons Stating Date of transfer to Global Arrow 20th December 2011

 

NO, I HAVE NOT RECEIVED any letter from MBNA or Global Arrow about 'Notice of Assignment' of the debt

(I had misread the correspondence from Global, sorry)

Edited March 18, 2014 by this.bloke
Typos