Arrows and old MBNA debt - used CCA request £1 as payment , says not SB because of it!!

[pilch23]

 

Hi forum,

 

2007 MBNA credit card debt purchased by Arrow Global Guernsey Ltd, no payments ever made.

 

Moorcroft Group Plc chasing debt on behalf of Arrow...no payment ever made but CCA request made 1st June 2016 with £1 postal order attached.  No response ever received.

 

No further correspondence until 3rd February 2022 from Drydensfairfax  solicitors advising they are representing Arrow to recover debt.

 

Statute Barred letter sent 8th February.

 

Response from  Drydensfairfax received 14th February, stating last payment made on 4th June 2016 so not SB until 4th June 2022.

 

The only way a payment could be registered is if they used the postal order against the account, which was stated in the CCA letter the funds could not be used for anything else.

 

Next course of action please?

 

 

[Andyorch]

So the debt was assigned to Arrow in 2007 ....CCA request with fee made June 2016.

 

Debt was already Statute Barred by 9 years before the CCA request. Inform them same and inform them a CCA request paymant is not an acknowledgment or payment to the debt. The debt is and remains statute barred.

 

Andy

[pilch23]

Hi Andy

 

In the paperwork I have there is a big gap between 2007 and 2016 so not 100% sure when I stopped paying, but certainly many years before 2016, just not 100% if full 6 years or I would have issued SB rather than CCA in 2016 i'm guessing.

 

Can I request a statement of my account and payments from Drydensfairfax?  Or just as above and request they prove otherwise?

[Andyorch]

Well either way it will be statute barred in June this year if not already.... irrespective if the CCA fee. You could ring MBNA or check online if you still have a log in facility to the last payment made direct to MBNA.

 

Once you have this information..and only then...  inform Drydensfairfax they are chasing a lemon.

[pilch23]

34 minutes onto MBNA to be advised my account is closed with them, they no longer have any information on my account due to age and would have been passed to a collection agency.

 

Do I speak with Arrow Global to find out last payment date?  They are listed as the client by Drysdenfairfax.

 

My CCA was sent to Moorcroft Debt Recovery who in 2016 was chasing on behalf of Arrow Global.

 

Appreciate SB in June either way but my concern would be Drysdenfairfax issue Court Proceedings prior to this date?

 

[Andyorch]

Good...... if MBNA have no data because of age neither do Arrow or Drysdenfairfax ...let them prove it wasn't SB before the CCA request.

 

If they do issue a claim then the same argument applies...its Statute barred or prove otherwise.

 

 

 

.

[pilch23]

Thanks Andy

 

Should I respond at all to Drysdenfairfax or just await their next move?

[Andyorch]

You have told them its statute barred...they have said its not you paid a £1....they know that would probably be for a CCA request.

Let them decide now if they wish to pursue this further.

[dx100uk]

and they have yet to issue a letter of claim anyway so fat chance of a court claim before june anyway as that extends time before a claimform  can be issued by 60days

 

dx

 

[pilch23]

Thank you  

 

Payment dates confirmed, Arrow have allocated the £1 paid by postal order on 4th June 2016 which was paid to Moorcroft Debt Recovery for the CCA request.

 

Previous payment was £5 paid on 14th June 2014 

 

 

 

 

[dx100uk]

so if/when they issue a LOC you copy the 1st page

staple another copy of our SB letter to it

and post it back.

 

till then yours is not the next move.

 

dx

 

[pilch23]

Letter of Claim received this morning!

 

Stapling a copy of SB letter to front page and posting back.

[dx100uk]

19 hours ago, dx100uk said:

and they have yet to issue a letter of claim anyway so fat chance of a court claim before june anyway as that extends time before a claimform  can be issued by 60days

 

dx

 

Wow horsey..slow down read and understand what i said above...

 

Dx

[pilch23]

18 hours ago, dx100uk said:

so if/when they issue a LOC you copy the 1st page

staple another copy of our SB letter to it

and post it back.

 

till then yours is not the next move.

 

dx

 

 
dx was going by this comment?

[dx100uk]

you need to run the 30days you have to reply...geddit?

[pilch23]

Geddit…so post day 29 first class and get proof of postage

[Andyorch]

Day 25 to be on the safe side.

[pilch23]

Thank you.

 

If they do issue court papers, am I correct my defence will be SB as last payment June 2014 and provide copy of CCA letter to Moorcroft stating no admission and PO not be used towards payment?

[Andyorch]

Dont worry about a defence for now lets see if they do issue a claim for a SB debt on the pretense of a CCA payment of acknowledgment and I will draft you a suitable defence.

[pilch23]

Update…

 

Responded as advised to Letter of Claim.

 

Drydens responded by letter dated 07/04 stating that they were referring to their client and it would be put on hold until further instruction.

 

Letter received 19/04 but dated 08/04 stating “unfortunately our client has been unable to provide statements of the account’ followed by however, you owe the money and last payment was 4th June 2016 (£1 paid to Moorcroft for CCA) so not stature barred…please contact us to make payment.

 

Do I just simply ignore? and see their next course of action?

 

My actual last payment 14th June 2014 so well stature barred but they are still claiming not until 4th June 2022.

 

 

[dx100uk]

you ignore them.

 

 

[pilch23]

Further Letter of Claim received this morning dated 27th May.

 

I have advised SB as last payment was 14th June 2014.  They have used CCA payment as last payment date which was 4th June 2016.

 

As above thread I have previously responded to earlier LOC that it is SB.

 

So even by their reckoning SB this Saturday in 5 days time!
 

I have 28 days to respond to LOC.

What is my next course of action please?

[dx100uk]

The same 

 

Dx

[pilch23]

Ignore or respond with previous SB letter on day 25?

[dx100uk]

the same ................as you did before

never ignore an LOC

 

dx