Backdoor Arrow/Drydens 2008 CCJ/CO - MBNA Card - , debt was already SB'd , **WON** set aside - Now being chased 12yrs later.!!

[mandyjayne]

Well im glad its not just me thats confused...

 

is this "formal reply to defence" something i should be worrying about..i have felt sick at work today... thinking i have missed something...ive come this far and i dont want it to go wrong for me now...

 

is what ive done ok as in sending just your letter IGNM?? Thank you both for replies on this by the way, as i am soooo worried;)

 

Am i ok for now or do i do anything else ...do you want their reply to defence typed on..its a bit long!

 

thanks guys MJ

[I've got no money]

Well im glad its not just me thats confused...

 

is this "formal reply to defence" something i should be worrying about..i have felt sick at work today... thinking i have missed something...ive come this far and i dont want it to go wrong for me now...

 

is what ive done ok as in sending just your letter IGNM?? Thank you both for replies on this by the way, as i am soooo worried;)

 

Am i ok for now or do i do anything else ...do you want their reply to defence typed on..its a bit long!

 

thanks guys MJ

 

The reply to your defence doesn't affect the strike out but yes we really need to see it

 

Have you got a scanner or perhaps a digital camera?

[mandyjayne]

ok give me a mo and i will type up may not be for an hour or so but it will on tonight...thanks IGNM i feel a bit better now:)

Edited June 2, 2009 by mandyjayne
typo

[mandyjayne]

ok here is the claimants reply to defence:

 

This document is offered in reply to the defendants application to set aside judgment dated 21st nov 2008 further to the witness statement of K**** **** dated 6th march 2009

 

1. in her statement attached to her application the def states the account subject to the claim is stat barred under section 5 of the limitation act 1980. The def's account was terminated on 30th may 2006 and the claim was issued against the def on 28th aug 2008. In the circumstances the def's view that the account is stat barred is misconceived.

 

2. The def states that despite a written request to the claiment for proof of the alleged debt they have failed to supply the info stated in her letters of 17th nov 2008. The def's first letter of the 17th nov 08 is a request pursuant to section 77/78 of the consumer credit act 1974. In compliance with her request a copy of the agreement was sent to the def on 6th jan 09. A copy of the original agreement is attached hereto as exhibit 1. Terms and conditions of agreement are attached hereto as exhibit 2. Statements of accounts are attached hereto as Exhibit 3.

The claiment believes these docs satisfy the def's request and also confirm that she is liable for the balance claimed.

 

3. The def's second letter of 17th nov 08 is a data protection act 1998 subject access request under section 7(1) of the date protection act 1998. The claimant confirms that all data held on its systems at the time of the def's request was sent to the def on 6th Jan 09. The claimant believes that this satisfies the def's data protection SAR. The claimant believes that the def's letter of 17th nov 08 contains a misguided equivalent of a SAR request under the data protection act which is immaterial to the subject matter of this action and only designed to frustrate due progress of this action. As the account has been subject to an assignment, the claimant has provided all documentation available to them and if further documentation is required then a request to the original creditor should be made. A copy of the claimants letter to the def is attached hereto as exhibit 4.

 

4. The def states that there has been no communication from the claimant in the last 6 years and no claim papers have been received. The claimant refers to the paragraph 10,11, and 12 of the witness statement of **** **** dated 6th MArch 2009 in response.

 

5. The claimant believes that the def's defence raises no issue to dispute the validity of the agreement or their liability to the claim amount. The claimant has provided copies of all documentation requested by the def and as such believes that the def's defence holds no relevant argument to dispute the claim amount and is an attempt to avoid their further liability. As such the claimant requests that the def's defence be struck out and judgment granted in favour of of the claimant for the amount claimed.

 

statement of truth

 

signed etc etc.

 

Thats it...mj

Edited June 2, 2009 by mandyjayne
spelling

[mandyjayne]

bump

[lilly white]

good morning

 

just giving this a little bump

[I've got no money]

MJ - I'm as confused as you are - its' not a Reply to Defence as I first thought...although it does it have all the documents that they have disclosed attached to it as it exhibits the agreement, terms and conditions and statements of account.

 

My understanding is that your application to set aside judgment was heard and determined in your favour.

 

Can I ask - when was Judgment set aside and what was their witness statement of the 6th of March about.

 

I think that the latest document is a witness statement in which they are claiming that they have complied with the disclosure requirements and, if they hadn't, they've attached documents just in case...

 

In terms of the content of the statement the Date of Termination has got nothing to do with whether the account is Statute Barred or not - the issue is date of last payment/acknowledgment of debt

 

I presume that this document was the one that you received with their letter dated the 22nd May

[I've got no money]

MJ - the Order as I understand it was that they provide the documents requested in your letter of the 17th November.What exactly did you ask for in that letter

 

Could you post a copy for me to have a look at...I know that they've been struck out but I just want to get clear, in my own head what has happpened.

 

At one stage you said that you needed to do a CPR Part 18 letter - did you ever do that?

[mandyjayne]

yes it is the document receiced with the attached exhibits but i got the bundle on the 23rd May and the court received it even later.

 

They have headed this doc "Reply to Defence" the application form they sent with this bundle is not a credit agreement but an application form 23 statements half are a different account number no default notice and no notice of assignment and no termination notice and the t's and c's are from recently and not part of the application form, im just taking my daughter to scholl then will be back at 9...thanks for looking i have no idea what is going on with this but hope we can sort it

 

mj

[mandyjayne]

no ididnt send cpr 18 the judge said at my set aside maybe would have been better to send instead of the cpr 31 back soon and will post letter up

[I've got no money]

The important thing is to know what you asked for in your letter of the 17th November and whether or not they have supplied everything referred to in your letter.

 

Was your letter the standard CPR 31.14 template letter?

[mandyjayne]

ive just been back over the thread and the judge is asking they provide everything from that letter which was SAR and CCA on 17th nov the cpr was sent on 21st Jan...oh my god thats where its gone wrong correct me if thats not it

Edited June 3, 2009 by mandyjayne

[mandyjayne]

recap is this

 

17th Nov 08 - sent CCA and SAR template from here - received nothing

 

16th Dec 08 - sent Sols a reminder of their duty to provide - received nothing

 

30th Dec - letter before action.

 

13th Jan 09 - sent me the application form, lang reg photo copies, read out of telepnone calls

 

21st Jan 09 - sent them cpr31

[I've got no money]

What did you ask for in the SAR

[mandyjayne]

Hope this helps i did add this to my witness statement before 11th march hearing...can the fact i sent this in help?

Hi all..

 

can someone help me with what dates to put in this draft..my hearing is on 11th March.

 

 

 

Claim No:

Draft Order

 

1 Unless by 4:00pm on (date) the Claimant complies with a request made by the Defendant on (date) pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely [here list the documents sought in the CPR 31.14 request for example, [1] the agreement [2] the default notice and [3] the assignment,]

the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and

[ii] the Claimant shall pay the Defendant his/her costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person (Costs and Expenses) Act 1975.

 

2 In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on (date) and

[ii] the Claimant shall pay the Defendant his/her costs of this application [in any event] [assessed in the sum of £130.00]

 

 

and this is the CCA request letter template i sent on 17th NOv 08

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

and the SAR template i cant find just now but it asked for

 

1. All transactions etc

2. Tele calls etc

3. Manual interevention etc

Edited June 3, 2009 by mandyjayne

[I've got no money]

If the Order was that they provide the information you requested in your letter of the 17th November - had they done that...they say that they had complied before the making of the Order

 

I need to have a think about this

[I've got no money]

recap is this

 

17th Nov 08 - sent CCA and SAR template from here - received nothing

 

16th Dec 08 - sent Sols a reminder of their duty to provide - received nothing

 

30th Dec - letter before action.

 

13th Jan 09 - sent me the application form, lang reg photo copies, read out of telepnone calls

 

21st Jan 09 - sent them cpr31 - I thought that the Judge advised you to send a CPR 18 letter

 

Can I clarify which CPR letters you actually sent and when you sent them - I thought that you'd sent them a CPR letter at the very beginning

[mandyjayne]

This one: 21st Jan 09

 

 

Dear Sir,

 

 

Re: Arrow Global LLC v (Your name) Case No: xxxxxxx

CPR 31.14 Request

 

 

On (date) I received a notification from the Land Registry that your clients had obtained an Interim Charging Order in respect of the above mentioned claim of your clients claim. As you will be aware, I have made an application to set aside the judgment granted by the court on (date).

 

 

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your clients Particulars of Claim:

 

 

1 the agreement.

 

 

2 the assignment

 

 

3 the default notice

 

 

4 the termination notice

 

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file a statement with the court. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing.

 

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

 

I do hope this will not be necessary and look forward to hearing from you.

 

 

 

 

Yours faithfully

[mandyjayne]

sorry posted same thing twice!

Edited June 3, 2009 by mandyjayne

[mandyjayne]

This is the post i put on re: 6th March defence from claimant:

 

 

court hearing today at 2..received yesterday, claiments witness statement and costs.

 

most of it is pretty straightforward, but can someone comment on their point number 8 and 13?

 

No: 8 "The defendant states that the account is statute barred under section 5 of the limitation act 1980. Section 5 of the limitation act states etc...

the cause of action which resulted in the full balance being payable immediately occurred on the 30th may 2006 by way of termination of the account, therefore the account is NOT statute barred" (they have not included any proof of last payment or mbna statements from 2000)

 

No: 13 "The defendant at all times was fully aware of the debt she owed and the nature of the claim against her. The claimant avers that the defence is both inappropriate and ineffective as it is intended to deliberately frustrate and delay legal proceedings by use of incorrect and misconstrued technicalities in law. It is contended that the defendant has sought to abuse the court process and mislead the court. For the reasons set out above i invite this honourable court to grant the claiment judgment in the amount claimed. Further or in the alternative i invite the court to strike out the application on the grounds that the defendant did not comply with the ts and cs of the credit agreement and enter judgment in favour of the claiment."

 

They have attached copies of only 4 letters they claim to have sent me since feb 2007...none of the letters are on headed paper they have clearly typed these last week! One saying the debt has now been passed to them...contact us and pay now.

A week later a reminder to the first one.

2 months later a final demand.

2 months later considering CCj/charging order.

Fees of £345.00

 

 

So as i still stand by....No default notice, no notice of assignment, no termination notice, 23 statements half with a different account number, enenforcable agreement and recent t's and c's.

 

What now?? MJ

[I've got no money]

Can you clarify one more point for me - is the claim worth more than £5000

 

I think that there is an issue about whether or not they have complied with the Unless Order.

 

They say that they disclosed the information requested in your letters of the 17th November BEFORE the Order was made - I think that doesn't let them off the hook as the Court ordered them to do it after the Order and before the 22nd May and so I think that they are struck out. HOWEVER that is a very technical interpretation and I woud like some other views on it.

 

In any event I think that if they are struck out and they apply for relief, within a reasonable time, that they would get it and the case would be reinstated

[42man]

MJ....they say the full balance of the account became 'due' in 2006....when was the last time you made a payment on this particular account ? it makes no difference when the account was defaulted or terminated it is when you last made a payment !!

[mandyjayne]

IGNM - yes is more the £5000 - is £6.***

 

And 42man it looks like on the statement one payment was made Nov 05!

[42man]

Do you remember making this payment ? Also interesting what they say about the letters they sent you.....shame we haven't got time to SAR them.....!! However with no default notice, proof of service etc...

[I've got no money]

Do you remember making this payment ? Also interesting what they say about the letters they sent you.....shame we haven't got time to SAR them.....!! However with no default notice, proof of service etc...

 

 

They have disclosed a notice of assignment

 

There has been a SAR that they say they replied to in full earlier this year

 

MJ sent a template letter from CAG but can't find a copy of the letter she sent

Edited June 3, 2009 by I've got no money