Arrow/Wilkin - Claim Form 2001 MBNA card 'debt'

[judy teen]

Hi Everyone,

I've been trawling through posts to see how I tackle my problem.

I'll give the background of the debt followed by the steps I think i need to take,

if i've understood things correctly,

I would be very grateful for confirmation and any advice,

as I'm really terrified of the consequences.

 

Original agreement:-

mbna credit card taken out in July 2001.

Managed comfortably for nine years,

career change put me in big trouble, couldn't pay.

Tried to amicably arrange agreement with

Default date May 2010.

Assigned to Arrow Jan 2012.

 

Today claim form arrived from Northampton court.

 

Claimant:- Arrow Global Guernsey Ltd.

Date of Issue:- 12th August 2014.

 

POC:-

 

The Claimants claim is for £18k being monies due from the defendant to the claimant

in respect of a regulated credit card agreement between the defendant and Mbna (No. ................)

and assigned to the claimant on ../../2011,

notice of which has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the agreement

and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

The claimant claims the sum of £18k

 

The claimant has not included interest.

 

Arrow are the debt purchaser and claimant.

 

I did receive a notice of assignment from Arrow.

 

A default notice from Mbna was issued in june 2010 (the only one, no subsequent statutory default notices).

 

There were no real disputes with Mbna.

The interest rate on this card hovered around 5% mark for several years as I remember,

with a sudden progressive rise up to around 40% in a relatively short period.

 

The PPI was a % of monthly amount outstanding.

 

I made a call at the time when I was keeping up regular payments, to get this stopped because it was so expensive, and was fobbed off.

 

As I understand matters I need to do the following:-

 

1) Send SAR off to Mbna with £10 P.O.

 

2) Send CCA to Arrow with £1 P.O.

 

3) Send CPR 31.14 to Wilkin Chapman Solicitors (Arrow's Solicitors).

 

4) Respond to the court claim.

 

Any advice would be more than welcome here

and in particular with relation to the response to the court.

Many thanks.

Edited August 15, 2014 by judy teen

[dx100uk]

ok well done you've just about covered the lot

 

just don't forget to ack the claim - defend all.

 

dx

[judy teen]

Thanks DX

[judy teen]

Hi All,

 

Continuing on from the above I have received the following replies.

 

 

Any advice would be greatly appreciated.

 

Mbna SAR. They say they are unable to match my details and I need to write again confirming my date of birth. Is this ok for me to provide to them?

 

 

Wilkin Chapman. They confirm they will request copies of agreement, assignment and default notice as per my request.

This may take six weeks and they agree to an extension of 14 days from the date they serve me these documents to file my defence.

 

 

Arrow Global. They acknowledge receipt of my request for documents under CCA 1974.

They state that they do not believe they are the creditor as envisaged by that statute,

but will assist in obtaining the documents requested.

They also confirm that all collection activity will be suspended pending provision of those documents.

 

What do I read into these replies and is there any action I need to take at this stage? What is most likely to happen next?

 

I would really appreciate your advice.

[BRIGADIER2JCS]

A Subject Access Request must have sufficient identification data for the creditor to be absolutely sure that the person making the request is "the Data Subject" it's fine to give them the data requested, also a SAR should always be signed.

 

 

Otherwise just wait for the information you have requested.

[judy teen]

Many thanks Brigadier.

[Old Cogger]

Many thanks Brigadier.

 

use this and sign over it if you are hesitant giving siggy

[dx100uk]

you have ack'd the claim yes?

 

 

dx

[judy teen]

Thanks Mike.

 

Hi Dx, yep i acknowledged claim the day you advised me to, on the 15th Aug.

Many thanks for that.

 

Last friday I got the new SAR off to MBNA and am just awaiting further replies.

Many thanks again for everyone's advice to date.

[judy teen]

Hi Everyone,

 

Trying to remain calm over this until realising that my defence needs to be placed before 4pm tomorrow. Date wise, its not due until sunday but noticed somewhere here that weekends don't count. I've been researching all week and there is so much information, at times maybe too much, to not be confused at times.

 

Here is my attempt at a defence based largely on one of Andy's, with one or two very small additions / changes. I would be extremely grateful if someone could have a quick read and give me the nod as to whether to submit this or not. It comes to approx 2500 characters, which i'm guessing from stuff i've read, means I can submit this online. Again I would be extremely grateful if someone could confirm this for me. Many thanks.

 

PARTICULARS OF CLAIM

 

Claimant/ Arrow Global Guernsey Limited,

Claim No: ********

Date of issue/ ** ***** 2014,

 

1.The Claimants claim is for the sum of ***** being monies due from the defendant to the claimant in respect of a regulated credit card agreement between the defendant and MBNA (No. ……………) and assigned to the claimant on **/**/**.

 

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

 

The claimant claims the sum of *****.

 

DEFENCE

 

Paragraph 1 is denied. The defendant has no knowledge of any dealings of any nature with the claimant. The Claimant has not provided the defendant with a copy of any Agreement, 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. 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 that I have been served with a Default Notice pursuant to the Consumer Credit Act 1974. It is denied that the claimant has requested any payment and therefore denied that I have failed to make any payments in accordance with any Terms and conditions.

 

Furthermore on the **/**/**, I requested copies of the documents referred to in the claimant’s particulars of claim by way of a Civil Procedure Request 31. PD 14. The claimant has yet to provide these stating that “it may take up to six weeks to obtain documents from originating creditor”.

 

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.

[Andyorch]

Your defence is actually due on Saturday 14th Judy...so wise to submit it tomorrow.You can submit on a weekend If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response.

 

With regards to character allowance its 1080.(you dont submit the particulars)

 

Nice defence btw

 

Regards

 

Andy

[judy teen]

Thanks Andy, much appreciated.

[judy teen]

Hi Everyone,

Just to bring everything up to date.

 

* Defence was on time, courts have written stating copy has been served on claimant who has 28 days to proceed.

* I have received data back from MBNA following my SAR request.

* Arrow have written stating they do not accept they are are the creditor under the consumer credit act but will assist in obtaining requested documentation from originating creditor.

* Wilkin Chapman are yet to forward me copies of the documents they rely on in their POC.

 

Is there anything I need to be doing at the moment in relation to the data received from the MBNA SAR, or letters I should be writing in response to the lack of action from Arrow and Wilkin Chapman?

 

Any advice would be greatly appreciated.

[Andyorch]

Absolutely nothing for you to do judy...ball is in their court now.

 

Andy

[judy teen]

Thanks Andy

[judy teen]

Hi All,

Further to the above from 3 years ago,

 

the defence I put in based on the brilliant advice I received on here seemed to stop everything in its tracks.

 

Since then,

every month or so i've been checking into the MCOL site to see if anything has been progressed by the other side.

 

There hasn't been any movement or change,..

 

.however I logged in to the site today and all trace of the claim seems to have disappeared.

 

Can anyone advise me why this might be,

 

what it means and if there is anything I should be preparing for which may be imminent?

 

I thank you in advance for any advice.

Many thanks.

[dx100uk]

well there wouldn't have been any changes on mcol anyway judy teen.. [urm recognise that song title...]

 

if anything were to happen it would be via a written notification from the COURT

 

could just be MCOL having its early w/end fit it has.

[judy teen]

Thanks DX, just wondered why all trace of it had disappeared, or if they get quashed after a certain time period.

 

I used to be able to go in and look at all the details, my defence etc, and what stage it had last got up to.

 

Yep "Judy Teen", Steve Harley and Cockney Rebel, still the best live band out there after 40 years.

 

Many thanks DX

Edited November 10, 2017 by judy teen

[dx100uk]

well no they are not quashed no.

[Andyorch]

Given the defence was submitted over 3 years ago..it may be possible that they have archived the stayed claim...but keep checking and update us if it does return to MCOL.

 

REgards

 

Andy