Arrow Global County Court Claim MBNA Card 'debt'

[fredsed]

Just been through the T&C's and can't find an amount of Credit or Credit limit. I've searched the web and have got mixed messages as to wether or not that needs to be clearly stated. What It says that they will let me know what my credit limit will be. Actual wording 'We will chose your credit limit and tell you what it is'. Also there is only 1 of 2 parts of the agreement should I have both pages? They have enclosed a reconstruction but that has numerous pages! I'm confused! Sorry can someone help please. Thank you.

[AndyOrch]

You need not go into that depth of detail at this stage for a defence...have you looked at others I have drafted?

[fredsed]

Thank you so much Andy. Arrow haven't provided anything they haven't even had the common decency to acknowledge my letter! There is no account number in the POC and as I had a number of accounts with the OC I can't even be sure what account this is! I'll go look for one of your defence letters. Thank You.

[fredsed]

Defence so far.... Could someone have a look please, Should I say anything about the lack of Statements and Notice of arrears? Or is this Okay to go with now? Thank you.

 

Particulars of Claim

 

Claimant/ Arrow Global Guernsey Limited,

Date of issue/15 May 2014,

 

1.The Claimants claim is for the sum of 6800 (approx) being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA and assigned to the claimant.

 

2. Notice of the assignment has been provided to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974.

 

AND the claimant claims the sum of 6800 approx TOGETHER with the costs of this claim . 13th May 2014

 

 

My defence

 

Paragraph 1.Is denied as the Claimant has not provided the defendant with a Notice of Assignment or a Statement of account detailing how the amount claimed has been calculated, clearly showing any interest and charges applied.

 

Paragraph 2. Is denied as the claimant has failed to serve a Notice of Assignment accordance with s136 Law of Property act 1925 and therefore yet to prove they are entitled to bring this claim. Also the defendant has not received Default Notice and is therefore in contravention of the Consumer Credit Act 1974.

 

The Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

 

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer credit Act 1974.

 

Furthermore on the 22-5-2014 I requested copies of the documents referred to in the claimants particulars of claim by way of a Civil Procedureicon Request 31. PD 14.The claimant has yet to respond.

 

Without clarification of the claimants claim, the defendant is extremely disadvantaged. The amount claimed may be incorrect. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim without further clarification/disclosure.

 

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true

Edited June 10, 2014 by fredsed
spelling!! Particulars added for reference.

[AndyOrch]

I have added their particulars above fred for reference and numbered their points.Now look at your defence and see if it deals with each point in your opening paragraphs.

 

Regards

 

Andy

[fredsed]

Hi Andy, thank for your time. I'm no expert (clearly) but as far as I can tell I've covered the points. Any advice would be most welcome. Thank You

Edited June 10, 2014 by fredsed

[AndyOrch]

Let me tweak it before you submit...your opening needs a little work.

[fredsed]

Sorry Andy I missed your post and just spent some time doing the same thing...but of course your expert input will be most appreciated. Thank you so much. I have had a result today with an unenforceable agreement on a different account. All thanks to this site. So thank you so much.

[fredsed]

Hi,

 

I received a reply from AG last week in response to my CCA 1974 request.

 

I asked for a True copy of an Agreement,

the Assignment

and a full breakdown of the alleged account

including any charges and interest.

 

I received a copy of the agreement with T&C's (looks okay).

 

The statement has three lines,

alleged dept minus alleged payments and alleged balance.

No assignment.

 

My question is, how do I respond?

 

Is the alleged account still in dispute?

 

What should I put in my letter?

 

Thank you.

[dx100uk]

sri sorted

 

a CCA request

should give

 

the signed agreement

T&C at the time of birth

 

and any significant changes

 

a statement of account

 

dx

[fredsed]

How detailed should the statement of account be, should it contain a full breakdown of charges ext or is 2 lines enough? I'm not sure how to respond to this. As they haven't given me all the information I requested is the account still in dispute, if yes should I write to them informing them of that? Many Thanks.

[dx100uk]

it can be very basic.

 

if you are looking at this for an excuse to call the CCA un-en...wont wash.

 

why do you need it to be in depute

 

do you not owe the money?

 

tell us the full story please

 

dx

[fredsed]

Old MBNA CCA.

 

Purchased by Arrow.

 

No Assignment.

 

No memory of DN.

 

Not sure if I need this to be in dispute or not.

 

Not looking for any excuses just want the information required.

 

I have sent SAR to OC to see i can get more info from that.

 

DCA info very limited but if thats all they have to give then Okay.

 

I'll wait to see what come with the SAR.

 

Thanks

[fredsed]

Would someone have a look at my defence please to check it's Okay please. Many Thanks.

[fredsed]

Should I write back to say that I received the documents and that I want a copy of any DN, assignment and a more detailed statement or should I sit tight and see what the SAR brings before I contact AG?

[dx100uk]

you wont get DN copies

i'd await the sar

 

dx

[fredsed]

Okay thanks.

[AndyOrch]

Particulars of Claim

 

Claimant/ Arrow Global Guernsey Limited,

Date of issue/15 May 2014,

 

1.The Claimants claim is for the sum of 6800 (approx) being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA and assigned to the claimant.

 

2. Notice of the assignment has been provided to the defendant. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974.

 

AND the claimant claims the sum of 6800 approx TOGETHER with the costs of this claim . 13th May 2014

 

#######Defence#######

 

Paragraph 1 Is denied, the Claimant has not provided the defendant with a Notice of Assignment or any Annual Statement or Notice of Sums in Arrears of account detailing how the amount claimed has been calculated, or allegedly owed.

 

Paragraph 2. Is denied as the claimant has failed to serve a Notice of Assignment accordance with s136 Law of Property act 1925 and therefore yet to prove they are entitled to bring this claim.

It is denied I have been served with a Default Notice pursuant to the Consumer Credit Act 1974 from MBNA

It is denied that the claimant has requested any payment and therefore denied I have not made any payments in accordance with any Terms and conditions.

 

Furthermore on the 22-5-2014 I requested copies of the documents referred to in the claimants particulars of claim by way of a Civil Procedure Request 31. PD 14.The claimant has yet to respond.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

 

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of Annual Statements and Notices of Sums in Arrears since assignment;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer credit Act 1974.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Regards

 

Andy

[fredsed]

Thank you very very much Andy. Your input and that of others on this has been wonderful! The deadline for submission is the 15th June, shall I go ahead and submit today or give it a couple more days? Thank You again.

[AndyOrch]

Submit now nothing will change within 3 days...then you can relax.

[fredsed]

Thank you Andy I will do that ASAP.

[fredsed]

Defence submitted. Again a huge thank you for all your help with this. There is no doubt I couldn't have done this without your help.Thank you. Donation on it way!

[fredsed]

No response from MBNA yet re my SAR.

 

in the mean time should I send Arrow this

to DCA requesting confirmation of Assignment' letter

I found in the library?

 

I'm confused by the reply to my original request for CCA under CCA 1974 in which they stated

' we do not accept we are the creditor envisaged by the above statute'.

 

So what I want is confirmation as to whether or not they have purchased the alleged debt and proof there of.

 

Can any one advise please.

 

They have been threatening court action so feel I should be doing something.

[fredsed]

Also it took Arrow G three months to reply to my CCA request. Does this have any bearing on how I should proceed?

[dx100uk]

you could send the assignment letter yes

 

why not try your creditfile report

 

that will tell you the owner

 

might also be an idea to scan up what arrows claim is the CCA return.

 

also

have you moved since you took this card out?

whewn was your last payment

and do you have any PENALTY charges/PPI to reclaim?

 

how much is owing too>

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx