drydens court claim

[phillip44]

hi

i have been on a lot of forums and have realised the people on here seem to know what they are talking about and are helpful
So here goes

i have received a county court claim form from northampton county court ref mbna credit card debt .
i was paying £1 month to arrow global then starting receiving letters from drydens i asked for a cca and got a letter back from drydens saying my account was on hold while they contact there client and they would inform me of the outcome, i was advised (by another forum) to stop the £1 payment as this could have been seen as an admission of guilt , so i did.

i received a letter of claim from drydens 4/11/2022
stating the amount owed
a statement of account is attached (it wasnt)
and " theagreement this debt relates to was entered into between you and mbna on 28th september 2005 and assigned to arrow global guernsey limited on20 december 2011. a copy of the agreement can be requested using the reply form.


i received a letter from arrow 22/11 stating
original agreement: credit card
original creditor: mbna money
affinity brand: virgin money
date of original agreement: 28th september 2005
original account number:54075808********
date of assignment to arrow global guernsey limited : 20th december2011

and a statement of account showing £3900 outstanding

and now a county court claim form
i have sent acknowledgement of service 16/1/23

i have still not received a cca

i need to send in a defence can you help me with this
do i send a cpr 31.14 i cant get to it on this site it keeps saying error 404

any help would be much appreciated

thanks

[des8]

link to CPR31.14 request: https://legalbeagles.info/library/gu...-of-documents/

[phillip44]

hi
my claim form only mentions this

1 the claim is for the sum of 3900 in respect of monies owing by the defendant on a credit agreement held by the defenedant with mbna under account no 5407 **** **** **** under which the defendant failed to maintain payments

2 a default notice was served upon the defendant and has not been complied with

3 the balance owed was assigned from mbna to the claimant, and the defendant has been notified by letter

contact drydensfairfax solicitors

what docs can i ask for
there is no mention of cca do i ask for this even though i have already asked and didnt receive it

any help will be greatly appreciated

[des8]

The claim mentions "credit agreement" " mbna ...account no 5407" " default notice" "assignment letter"

Ask for them all

[phillip44]

thank you
done it monday letter arrived to them tuesday havent heard back yet

if i dont get the info can you advise what i should put in my defence
or if i can ask for more time

[des8]

If they don't produce a copy of the CCA the debt will not be enforceable, so wait and see what, if anything, does materialise.
Your defence will depend on what they send so wait until nearer the date before drafting it ..... just don't forget it

[phillip44]

thank you

[phillip44]

hi
ive received a letter from drydens today stating

We acknowledge receipt of your request made under cpr 31.14 and confirm we are currently liasing with our client for the relevant documentation
We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance with cpr 15.5 order to file your defence
We trust the above is in order should you have any further queries please do not hesitate to contact our office.

i need to enter my defence by tomorrow
so do i still do that stating they have'nt supplied me with any documents or do i wait to see if they send anything

thank you

[des8]

You need to notify the court that you have agreed a 28 day extention with the claimant as per CPR15.5
Agreement extending the period for filing a defence

15.5.—(1) The defendant and the claimant may agree to extend the period for filing a defence specified in rule 15.4 by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[phillip44]

Hi
Thank you for the reply
do i notify the court now or when i receive the documents

[phillip44]

Hi
can i do it on MCOL, or do i email the court direct if so what email address do i send it to

[des8]

Do it on MCOL now

[phillip44]

Thank you
I did it last night
do i just wait for the docs to arrive now
i dont think they will be able to supply a cca as this is the second time i have requested it
is there a time limit for them supply them

[des8]

Just wait for the documents to arrive (or not)
The time limit to respond to a SAR is 30 days
However you need to send a separate request for the CCA with a £1 postal order. (sorry, but should have mentioned this previously0
there is a template in the SHORT CUTS panel. If they can't supply a true copy of the CCA they cannot enforce the agreement in court
That document should be supplied within 12 days

[phillip44]

Thank you
i sent a cca request 30/7/22 and didnt get one and asked again on 30/1/23 and got the reply above should i send another

i have also just received a letter from arrow global with default sums ref the same account
4/1/23 issue fees £205
4/1/23 issue costs £80
total default sums £285

what do i do about these