Restons for Arrows old MBNA Credit Card Claim form - prob SB'd - what do I do?

[WinOrLose]

Received a court claim for £14,300 for disputed MBNA card agreement

assigned to Arrow Global from Restons Solicitors.

 

Card was sold to me at Heathrow airport, face to face in 2002.

I seem to remember something about the process of the sale not being normal.

 

But in any case, it is 6 years since any money was paid to this account.

 

I issued a S78 request in December 2007 and did not get a satisfactory response including no terms (not even reconstituted ones).

 

No money has been paid since December 2007.

 

So I think the alleged debt became statute barred at the turn of the year.

It seems this has been the trigger for Restons to take this to court.

 

Does anyone have any pointers of what I need to write in the defence to this case.

 

Thanks

Edited April 21, 2014 by WinOrLose

[Ford]

can you type/post up their particulars of claim word for word, less any identifiables.

 

looking like barred defence,

 

which is a complete defence.

 

assuming the missed contractual payments were month or two after the last payment?, and no written acknowledgments either?

 

whats shown on your credit files,?

 

could include other matters in defence as well to cover, eg no accurate cca response,

compliant default notice?,

no signed prescribed terms doc, as prior to 07.

etc

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[WinOrLose]

Thanks Ford,

 

The court papers are dated April/2014 and the POC are:

 

The Claimant claims payment of the overdue

balance due from the Defendent(s) under a

contract between the Defendent(s) and

MBNA

date on or about ##/##/2002 and assigned

the the Claimant on ##/##/2008 in

the sum of #####

 

PARTICULARS a/c no:-#################

 

DATE ......... ITEM ............. VALUE

##/##/2013 Default Balance ######

Post Refrl Cr NIL

 

TOTAL:- #######

[WinOrLose]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Thanks for that dx100uk. I will read through that.

And I guess I must have originally posted in wrong section?

 

On another note,

I've just noticed that they have used a date in 2013 for the default balance in the POC.

Maybe they are going to say that is the date of the COA.

 

I've read a post about confusion regard when the COA date is deemed to be.

 

Is it the last payment date,

a couple of months after the last payment date,

or when the default notice is issued?

 

I wasn't able to work that out yet.

 

In this case:

Last payment was in December 2007.

So COA date should have been Jan/Feb 2008 shouldn't it?

Or do I need to try and find a date for when the default notice was served.

[Ford]

what does yr credit file show re this 'default'?

[WinOrLose]

what does yr credit file show re this 'default'?

 

I haven't looked at my credit file for ages... but will get a copy.

 

But does it matter when the default date is? The last payment was in December 2007.

The date that they could have taken action does't have to relate to the date when they sent a default notice or defaulted the account do they?

[Ford]

was just asking, to cross reference, as they might be trying it on re a 'default balance 2013' as you mentioned?

from what you say, it looks like you have a barred defence.

[WinOrLose]

they might be trying it on re a 'default balance 2013'

 

Yes I see what you mean. There might be a default registered in 2013.

 

That should not make any difference though should it?

 

I will state that no payments have been made since 2007.

 

And they will have to prove that payments have been made

or that for some reason the cause of action was later than April in 2008.

And cause for action will be in February when they had two payment dates missed.

 

I'm hoping that is correct... If anyone knows different please comment.

[Andyorch]

Yes I see what you mean. There might be a default registered in 2013.

 

That should not make any difference though should it? I will state that no payments have been made since 2007.

And they will have to prove that payments have been made or that for some reason the cause of action was later than April in 2008. And cause for action will be in February when they had two payment dates missed.

 

I'm hoping that is correct... If anyone knows different please comment.

 

Yes that's correct...it would appear that Pestons have massaged the particulars to make it look not statute barred to accidentally mislead the court:-)