Arrow, MBNA, BAnk of Scotland court papers. Help needed

[roygoodbeat]

I need some urgent advice on this:
I took out a Bank of Scotland Credit Card in 2003. I ran into financial difficulties in March 2009.
I received this on the 11^th October 2012:
A Northampton court claim filed by Shoosmiths.
Particulars are:

1. The Claimants claim for a sum of £2xxx being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank and assigned to the claimant on 20/12/2011, notice of which has been provided to the defendant.
2. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.
3. The claimant claims the sum of £2xxx.
4. C has complied, as far as necessary wi the pre-action conduct practice direction.

In May 2009 I made a subject access request to MBNA and also requested a copy of my credit agreement. As far as I am aware I have only received a reservation form from Bank of Scotland, he original owner. I don't think they fully supplied everything at the time.

They have never supplied the T&C’s, no deed of assignment from Bank of Scotland to MBNA or I don’t recall receiving one from MBNA to Arrow Global. At the time I enquired on this site and a couple of companies and I was advised it was an invalid agreement and they cannot pursue in the courts.

I also received a default for the full amount, as opposed to the amount outstanding. I have written twice to MBNA accepting the unlawful termination and accepting what was genuinely due at the time, not including any unlawful charges. This was ignored by MBNA.

Just when I am getting my life back together, this! My partner is suffering from depression. This is the last thing we need.
Any advice? Can I still fight this?

[miliitant]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

Have you ever made contact with arrow on the phone/LETTER in regards to this debt

CAN YOU POST UP THE DEFAULT NOTICE PLEASE

[roygoodbeat]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

Have you ever made contact with arrow on the phone/LETTER in regards to this debt

CAN YOU POST UP THE DEFAULT NOTICE PLEASE

I have never made contact with Arrow. When I last wrote to MBNA accepting the unlawful termination of the contract, I stated that unless I heard back regarding the outstanding information, I would consider this closed and no further correspondence would be sent.

I have had a series of DCA's write to me, followed by another, then another but have ignored them.

The default notice is already attached to this forum. See Full Page 2 above

[miliitant]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice �) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a)to terminate the agreement, or
(b)to demand earlier payment of any sum, or
(c)to recover possession of any goods or land, or
(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e)to enforce any security.
(2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.
(3)The doing of an act by which a floating charge becomes fixed is not enforcement of a security.
(4)Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.
[F1(5)Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement).]

BY THEIR OWN ADMISSION THEY HAVE DEFAULTED YOU WITH THE CREDIT REFERENCE AGENCY BEFORE GIVING YOU THE OPPORTUNITY TO RECTIFY THE DEFAULT STATUS OF THE ACCOUNT

ALL THE DCA CAN CLAIM ARE ANY ARREARS UP TO THE DEFAULT NOTICE DATE

ALSO BY DEFAULTING YOU WITH THE CREDIT AGENCY HAS OPENED THEMSELF UP TO A CLAIM FOR DAMAGES WITHOUT LAWFUL CAUSE

have a nose at your credit file and find out the exact date the default was registered

[roygoodbeat]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice �) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a)to terminate the agreement, or
(b)to demand earlier payment of any sum, or
(c)to recover possession of any goods or land, or
(d)to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e)to enforce any security.
(2)Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.
(3)The doing of an act by which a floating charge becomes fixed is not enforcement of a security.
(4)Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.
[F1(5)Subsection (1)(d) does not apply in a case referred to in section 98A(4) (termination or suspension of debtor's right to draw on credit under open-end agreement).]

BY THEIR OWN ADMISSION THEY HAVE DEFAULTED YOU WITH THE CREDIT REFERENCE AGENCY BEFORE GIVING YOU THE OPPORTUNITY TO RECTIFY THE DEFAULT STATUS OF THE ACCOUNT

ALL THE DCA CAN CLAIM ARE ANY ARREARS UP TO THE DEFAULT NOTICE DATE

ALSO BY DEFAULTING YOU WITH THE CREDIT AGENCY HAS OPENED THEMSELF UP TO A CLAIM FOR DAMAGES WITHOUT LAWFUL CAUSE

have a nose at your credit file and find out the exact date the default was registered

The letter is dated the 9th October. The default is registered the 30th September for the full amount. I wrote to the at the end of October and then in August accepting the unlawful termination of the agreement and that I am only liable for the amount outstanding up to that date less any unlawful charges.

They never replied.

[roygoodbeat]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

I have 4 days left in which to submit a defence. I have not received anything from the solicitors or creditor apart from the last payment date and that the default notice they claim was was sent first class. No credit agreement, no default notice and no answers to any of my other questions. They have not adherred to the CPR requests.


The particulars of claim do not state that the documents are to follow.


I did not do a section 78 as I have been unwell, however, I made a section 78 request back in 2009, of which MBNA only sent a copy of the application form and the current terms of conditions, and are therefore still in breach. As arrow have taken over the account, does this means that the same conditions apply as they have taken over the rights and everything to do with the original account?

[roygoodbeat]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

I have 4 days left in which to submit a defence. I have not received anything from the solicitors or creditor apart from the last payment date and that the default notice they claim was was sent first class. No credit agreement, no default notice and no answers to any of my other questions. They have not adherred to the CPR requests.


The particulars of claim do not state that the documents are to follow.


I did not do a section 78 as I have been unwell, however, I made a section 78 request back in 2009, of which MBNA only sent a copy of the application form and the current terms of conditions, and are therefore still in breach. As arrow have taken over the account, does this means that the same conditions apply as they have taken over the rights and everything to do with the original account?

Has anyone got any ideas on an embaressed defence? Need to get this in.

[miliitant]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

give me 5 minutes

[miliitant]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

http://www.legalbeagles.info/forums/...on-comppliance

have a nose and come back with your questions

[roygoodbeat]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

Ok. I have replied with an embarressed defence as I still have not been sent any documents relating to the particulars of claim. In addition it did not state that these would follow.

The solicitors believe that their client is not obliged to sent these to me in order for me to submit a defence but stated that they would request this from the client. They have failed on by cpr requests.

I take it will go to the AQ stage next but what ground do I have to apply for a strike out.

[roygoodbeat]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

Ok. I have replied with an embarressed defence as I still have not been sent any documents relating to the particulars of claim. In addition it did not state that these would follow.

The solicitors believe that their client is not obliged to sent these to me in order for me to submit a defence but stated that they would request this from the client. They have failed on by cpr requests.

I take it will go to the AQ stage next but what ground do I have to apply for a strike out.

Does anyone know if I can apply for a strike out?

[miliitant]

Re: Arrow, MBNA, BAnk of Scotland court papers. Help needed

may i ask why you did an embarrassed defence if you did not have the documents to formulate a defence

can you post up or give a link to the defence you submitted