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County court claim - mbna/arrow/restons

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  • County court claim - mbna/arrow/restons

    Hi, I tried to fill in form and submit but I think there's an issue at the moment, so thought I'd submit a post direct.

    Details of the claim on the Court Claim:

    THE CLAIMANT CLAIMS PAYMENT OF THE OVERDUE BALANCE DUE FROM THE DEFENDANT(S) UNDER A CONTRACT BETWEEN THE DEFENDANT(S) AND MBNA.

    DATED ON OR ABOUT JUNE 09 2003 AND ASSIGNED TO THE CLAIMANT ON NOVEMBER 10 2006.

    £3467.34 - MBNA CREDIT CARD

    I HAVE SENT BOTH A CCA REQUEST AND A CPR 31.14 DATED 20TH SEPTEMBER 2017.

    I did state initially in my original letters mentioned above that I believed the debt to be Statute Barred as this debt was from a 2004 default.

    Unfortunately in 2004 I became very ill and was hospitalised. It took a long time to diagnose that it was Transverse Myelitis which absolutely floored me. I couldn't work, I had to give up my job and was in and out of hospital for 3 years.

    I contacted MBNA as soon as I was unable to make any payments in 2004 and spoke to them about the insurance that I had taken out with my Credit Card to cover such eventualities. The insurance did eventually pay out and cover the original debt, but because they didn't freeze the interest and charges (as they were obligated to) it left me with more than £2,000 debt which has increased with further charges. I did have to speak to them several times before they agreed they would not pursue the debt but they have since sold it to Arrow who have continued to pursue me for it, despite explaining my circumstances.

    Despite this, I received threatening letters from Arrow.

    Back then I didn't know such advisory sites like this existed and just relented and paid £20 a month until I couldn't afford this anymore.

    The last payment as far as I know was 2013.

    As mentioned, I did send a CPR 31.14 on the 20th September to the Solicitor and a CCA request to Arrow.

    I received a response from the Solicitor over the weekend which has asked for medical evidence that I was ill and diagnosed with an illness in 2004. I can provide this information to them. However, I really need some professional advice to ensure I'm doing the right thing.

    Any support and advice would be very much appreciated.

    Kind regards

    Siobhan
    Tags: None

  • #2
    Re: County court claim - mbna/arrow/restons

    Hi all.

    I would really appreciate some guidance with this please.

    Thank you

    Comment


    • #3
      Re: County court claim - mbna/arrow/restons

      First Steps

      have you acknowledged on MCOL also date of the claim form? see you sent CCA request and also CPR31.14 is that correct?

      also that old PPI of MBNA make a claim and you still have to pay the monthly PPI charge, was london and edinburgh then another company who state MBNA make the charges although you are claiming and MBNA state the insurance company..

      Comment


      • #4
        Re: County court claim - mbna/arrow/restons

        Tagging [MENTION=6]Amethyst[/MENTION] [MENTION=48934]Debt Camel[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=2]Celestine[/MENTION] ??

        - - - Updated - - -

        to LB [MENTION=107653]Shiv[/MENTION] xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: County court claim - mbna/arrow/restons

          Originally posted by Kati View Post
          Tagging @Amethyst @Debt Camel @pt2537 @Celestine ??

          - - - Updated - - -

          to LB @Shiv xx
          Thank you for tagging others in your post Kati.

          I have to get a response to the Solicitors before Monday so will have to send a response tomorrow. Please, if anyone can give me some advice this evening I would be extremely grateful.

          Siobhan

          Comment


          • #6
            Re: County court claim - mbna/arrow/restons

            Originally posted by Shiv View Post
            Thank you for tagging others in your post Kati.

            I have to get a response to the Solicitors before Monday so will have to send a response tomorrow. Please, if anyone can give me some advice this evening I would be extremely grateful.

            Siobhan
            Have you followed the "first steps" that [MENTION=3599]MIKE770[/MENTION] linked to in post #3??
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: County court claim - mbna/arrow/restons

              Originally posted by Kati View Post
              Have you followed the "first steps" that @MIKE770 linked to in post #3??
              Hi Kati

              Yes, I have followed the first steps. Acknowledge in MCOL and sent CPR31.14 and CCA.

              I've received a response and in that they have asked for proof of my medical diagnosis as this was why I defaulted on the credit card. All explained above.

              Comment


              • #8
                Re: County court claim - mbna/arrow/restons

                You stopped paying in 2004, then when did yiu start making payments to Arrow?

                Comment


                • #9
                  Re: County court claim - mbna/arrow/restons

                  Originally posted by Debt Camel View Post
                  You stopped paying in 2004, then when did yiu start making payments to Arrow?
                  I stopped making payments to Arrow in 2013.

                  The main query I have is what I should/shouldn't sending them regarding my medical diagnosis.

                  Comment


                  • #10
                    Re: County court claim - mbna/arrow/restons

                    when did you start making payment to Arrow was the question??

                    Comment


                    • #11
                      Re: County court claim - mbna/arrow/restons

                      Originally posted by MIKE770 View Post
                      when did you start making payment to Arrow was the question??
                      I don't know exactly. I was very unwell and receiving threatening letters from them. I think I set up a monthly payment in around 2009.

                      Comment


                      • #12
                        Re: County court claim - mbna/arrow/restons

                        @Debt Camel

                        Comment


                        • #13
                          Re: County court claim - mbna/arrow/restons

                          Ok, if you are right that you started making payments in 2009 then the debt would not have been statute barred at that point. It was worth asking about, but that defence isn't going to work.

                          Comment


                          • #14
                            Re: County court claim - mbna/arrow/restons

                            Hi, continuing the post I made in October, I would appreciate and be very grateful of some further advice and support.

                            Following the above MCOL which was acknowledged by the courts as being recieved on the 20th September and my CCA and CPR 31.14 request which was also made on the 20th September, I have now received a letter from Arrow 6 weeks later dated the 31st October.

                            The letter encloses a photocopy of my signature from the initial credit card application dated 6th March 2003, a copy of the T&C’s and a statement of transactions which also show the payments I made for the Payment Protection Cover.

                            My acknowledgment from the court dated 20th September advises the following:

                            ‘I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

                            Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stated. The only action the claimant can then take willl he to apply to a judge for an order lifting the stay’

                            With the above in mind, and taking in to consideration the claimant did not comply with the 2 week time frame to provide this documentation in my CCA request, what would you advise are my next steps?

                            Should I ignore, contact advising of the above or continue to defend with the Payment protection route?

                            Restons did request proof of the illness/disability that occurred at this time in early October. Proof was forward which on receipt was acknowledged by them but they have made no mention to this since.

                            Your guidance and help would be very much appreciated.

                            Kibd regards

                            Shiv.

                            Comment


                            • #15
                              Re: County court claim - mbna/arrow/restons

                              Hi, just checking in.

                              I see my latest post has been read numerous times but no responses as yet. As mentioned, any guidance would be very much appreciated.

                              Tagging @Amethyst @Debt Camel@pt2537 @Celestine [MENTION=49370]Kati[/MENTION]

                              Comment

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