Arrow/Drydens Fairfax/MBNA

[Bombardier]

Dear Legal Beagle,(eg. Credit card/Loan/Overdraft) : Not known

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

1. The claim is for the sum of 5000 in respect of monies owed by the defendant on a credit agreement held by the defendant with MBNA under account number **** **** **** **** upon which the defendant failed to maintain payments.

2. A default notice was served on the defendant and has not been complied with.

3. The balance owed was assigned from Britannica Recoveries S. O. r.l - Mortlake to the claimant, and the defendant has been notified of the assignment by letter. Contact Dryden Fairfax etc.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): This account allegedly dates from 2008. I have had no contact with the Claimant.

List any letters you have sent (eg: CCA/ CPR ): None.

Any Other Information or Background Details:

1. This account was taken out by my ex-wife in my name during 2008 when we were still married.

2. To my knowledge, I did not sign an agreement with MBNA.

3. The name on the claim form and on recent letters is not my surname, although it is similar.

4. Prior to receiving the recent letters that culminated in the court claim, I had not heard from the various agencies associated with MBNA for many years.

5. A default notice was issued in 2011, and which has expired.

I understand that I must acknowledge the claim; however, I am disturbed about the surname issues.

I look forward to your advice

Many thank

[MasterCoder]

Hi.

Have they just sent you this claim through the post or did they follow pre-action protocols and send you a letter before claim giving you the opportunity to request documentation such as an agreement, terms and conditions, default notices/termination notices and notices of assignment?

Have you got any of the documentation they've mentioned in their statement of case? They refer to an account, so you'll need the agreement.

You mention the default notice was issued in 2011? Do you still have it? Statute Barred as a defence will shut it down immediately, unless that is they can show that you've made payments on the account since then. You've not been in an voluntary arrangements have you?

[pt2537]

Dear Legal Beagle,

I have recently received a claim from Dryden Fairfax Ltd in respect of an old MBNA account. As Legal Beagle have help me in the past, I am hopeful that you may assist me in this matter. Having consulted your forum guidelines, I present the following details and background information:

Received a claim? Yes

Issue Date: 01/10/19

Have you Acknowledged the Claim?: No

Total Amount Claimed : £5500

Claimant’s Name: Arrow Global (Guernsey) Ltd

Solicitors Firm: Drydens Ltd

Original Creditor: MBNA

Original Debt (eg. Credit card/Loan/Overdraft) : Not known

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

1. The claim is for the sum of £5000 in respect of monies owed by the defendant on a credit agreement held by the defendant with MBNA under account number **** **** **** **** upon which the defendant failed to maintain payments.
2. A default notice was served on the defendant and has not been complied with.
3. The balance owed was assigned from Britannica Recoveries S. O. r.l - Mortlake to the claimant, and the defendant has been notified of the assignment by letter. Contact Dryden Fairfax etc.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): This account allegedly dates from 2008. I have had no contact with the Claimant.

List any letters you have sent (eg: CCA/ CPR ): None.

Any Other Information or Background Details:

1. This account was taken out by my ex-wife in my name during 2008 when we were still married.
2. To my knowledge, I did not sign an agreement with MBNA.
3. The name on the claim form and on recent letters is not my surname, although it is similar.
4. Prior to receiving the recent letters that culminated in the court claim, I had not heard from the various agencies associated with MBNA for many years.
5. A default notice was issued in 2011, and which has expired.

I understand that I must acknowledge the claim; however, I am disturbed about the surname issues.

I look forward to your advice

Many thanks

PRA v Doyle kills them stone dead. Ask for a copy of the default notice rfrom the otherside, they will have a problem it seems with this case

[Bombardier]

Hi Master Coder,

Many thanks for your quick response.

I have received pre-action protocol paperwork. As this matter is so old, I have to admit that due to the surname issues I have just ignored it, waiting for the point when I finally have to defend my position.

The claim was issued by the County Court Business Centre.

Having previously successfully defended myself against Cabot Financial, I am aware that these debt management companies' solicitors often issue claims without actually having the supporting paperwork, to which they refer in the Particulars of Claim.

I do not have the old default notice, neither do I have any agreement, or statements. (I certainly would like to see a signed agreement with my correctly spelt surname).

No authorised payments have been made my me in the last 6 years. That said, when I was married, we did enter into a debt management arrangement with a company called 'Best Solutions', but withdrew, cancelling our account with them in early 2013 when the company started keeping 90% of our payments for their 'fees'. Best Solution were shut down by the Financial Conduct Authority In early 2015.

Many thanks

[pt2537]

https://twitter.com/Pt2537/status/1181883082930098177

Have a read of this thread on twitter. I think you may have a good position to knock them over here quickly also see here https://consumercreditlitigationandd.../recent-cases/

[Bombardier]

https://twitter.com/Pt2537/status/1181883082930098177

Have a read of this thread on twitter. I think you may have a good position to knock them over here quickly also see here https://consumercreditlitigationandd.../recent-cases/

Hi Paul,

Many thanks your response, and I note with pleasure your successes in defending the consumer. I have checked out the links you provided and I have followed the PRA v Doyle case, insofar as the initial case and the subsequent appeals you notified and discusssed on this site. Following the 2019 appeal, I understand that the COA was clarified by the court of appeal as arising upon the expiry of the DN, and not when a material breach takes place. Clearly this has disappointed many legal experts and dismayed the consumer!

In relation to PRA v Doyle, there are some parallels in my case: 1) the original creditor was MBNA; 2) the alleged date of the original agreement was some years ago, being 2008; and, 3) the alleged debt had been periodically reassigned. However, as I pointed out in my earlier post, in my case, a DN was issued in 2011, and which fell of my credit file during 2017.

I reiterate the fact that this account was opened in my name without my knowledge during a time when I was married. The name on the claim form is not my name; it is similar but it is not my name. Is this relevant as part of my defence?

I have now responded to this claim via Moneyclaim Online, notifying the court of my intention to defend in full the amount claimed.

I shall now send out CCA/CPR 31.4 letters.

Your advice is much appreciated.

Many thanks

[pt2537]

Hi Paul,

Many thanks your response, and I note with pleasure your successes in defending the consumer. I have checked out the links you provided and I have followed the PRA v Doyle case, insofar as the initial case and the subsequent appeals you notified and discusssed on this site. Following the 2019 appeal, I understand that the COA was clarified by the court of appeal as arising upon the expiry of the DN, and not when a material breach takes place. Clearly this has disappointed many legal experts and dismayed the consumer!

In relation to PRA v Doyle, there are some parallels in my case: 1) the original creditor was MBNA; 2) the alleged date of the original agreement was some years ago, being 2008; and, 3) the alleged debt had been periodically reassigned. However, as I pointed out in my earlier post, in my case, a DN was issued in 2011, and which fell of my credit file during 2017.

I reiterate the fact that this account was opened in my name without my knowledge during a time when I was married. The name on the claim form is not my name; it is similar but it is not my name. Is this relevant as part of my defence?

I have now responded to this claim via Moneyclaim Online, notifying the court of my intention to defend in full the amount claimed.

I shall now send out CCA/CPR 31.4 letters.

Your advice is much appreciated.

Many thanks

Hi there

So we have fraud in the first instance, however if that doesnt assist us we have the default notice that has expired and we have a limitation defence in my view, so yeah CPR 31.14 for the default notice, id also consider part 18 questions to get the detail needed about how the account was opened.

[Bombardier]

Hi there

So we have fraud in the first instance, however if that doesnt assist us we have the default notice that has expired and we have a limitation defence in my view, so yeah CPR 31.14 for the default notice, id also consider part 18 questions to get the detail needed about how the account was opened.

Many thanks, Paul.

In your blog you noted:

‘Im sorry to bang on about this point, but i am seeing hundreds of claims for breach of contract relating to a regulated consumer credit agreement, which make no mention of service of, or expiry of a Default notice, no mention of when the notice expired, no mention of when the agreement was terminated or the right to demand the full balance arose.’

In my case, the Claimant has mentioned that a DN was issued but omitted to add that it had expired.

Any thoughts?

Cheers

[Bombardier]

So, claim acknowledged with intention to defend in full. CCA sent by recorded delivery to Chief Executive of Arrow; and, CPR 31.4 request sent to Dryden Fairfax with copy of CCA.

Let’s see what the post brings!

[pt2537]

Many thanks, Paul.

In your blog you noted:

‘Im sorry to bang on about this point, but i am seeing hundreds of claims for breach of contract relating to a regulated consumer credit agreement, which make no mention of service of, or expiry of a Default notice, no mention of when the notice expired, no mention of when the agreement was terminated or the right to demand the full balance arose.’

In my case, the Claimant has mentioned that a DN was issued but omitted to add that it had expired.

Any thoughts?

Cheers

I think here, if you are careful how you approach it, you could be able to get what you need to hang them out to dry, the point is, while they have mentioned a default was served you can ask for a copy, and if the dn is from 2011 then they have a limitation headache

you could then apply for summary judgment on limitation

[Bombardier]

I think here, if you are careful how you approach it, you could be able to get what you need to hang them out to dry, the point is, while they have mentioned a default was served you can ask for a copy, and if the dn is from 2011 then they have a limitation headache

you could then apply for summary judgment on limitation

The effective date of service was 06 October and my CPR31.14 letter was sent to Drydens Fairfax on 10 October - a request for copy of the DN was included. The letter was sent via recorded delivery, for next day meaning that they should by have responded as today is 18 October. If I do not hear by Monday, 21 October what do you suggest should be my next step?

Many thanks

[Bombardier]

The effective date of service was 06 October and my CPR31.14 letter was sent to Drydens Fairfax on 10 October - a request for copy of the DN was included. The letter was sent via recorded delivery, for next day meaning that they should by have responded as today is 18 October. If I do not hear by Monday, 21 October what do you suggest should be my next step?

Many thanks

Admins:

Please advise

Many thanks

[Bombardier]

So, I have not had a response from Drydens Fairfax in respect of my CPR 31.14 request, and nothing heard from Arrow in respect of my CCA request. My next step shall be to prepare my defence, bearing in mind the following facts:

1. The alleged debt with MBNA is not in my name, similar but not my name;
2. My ex-wife took out the card in my name;
3. The DN expired in 2017;
4. Both Drydens Fairfax and Arrow have failed to comply with my lawful requests for more information, as per the POC;
5. The matter is time barred under the Limitations Act 1980.

Anyone following this thread, please advise if the above is correct

Many thanks

[MasterCoder]

Do you still have your copy of the Default Notice from 2011?

If not, hit MBNA with a SAR request to get a copy.

[Bombardier]

Do you still have your copy of the Default Notice from 2011?

If not, hit MBNA with a SAR request to get a copy.

Thanks for your response, MC.

Yes, I have a scanned photocopy in my PC. The date of issue was 23/06/2011.

Many thanks