Claim form received from Shoosmiths

[shellbrado]

Hi and thanks for this very informative site. I have received the following claim form:

issue date 27th Nov 2018
Particulars of claim
1 The claimants claim is for the sum of £14593.72 being monies due from the defendant to the claimant under a regulated agreement between the defendant and the Mona Europe bank limited (no xxxxxxxxxxxxxxx ) and assigned to the claimant on the 29/11/2012, notice of which has been provided to the defendant.
2 The defendant has failed to make payment 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 £14593.72

So after researching everything on here I have done the following. Submitted the acknowledgment online via MCOL. Written to the claimant (Arrow) requesting the credit agreement with a cheque for £1. CCA request to Shoosmiths with a copy of CPR31.14 also. And I have emailed MBNA for details of all my data details.
It was very hand that Thingymajig had had almost the exact same letter so I followed the advice you gave them in this forum.
If there is anything I've missed please let me know and I'm sure I will need more advice along the way so I thank you in advance for when it becomes complicated.

[MIKE770]

of £1459.72 or £14593.72 ?
MBNA ?
Example Defence to use soon adjust just before deadline on situation

[shellbrado]

of £1459.72 or £14593.72 ?
MBNA ?
Example Defence to use soon adjust just before deadline on situation

Yes sorry 14593.72, I have now corrected the post. Yes this was originally MBNA, now Arrow Global.

[MIKE770]

issue date 27th Nov 2018
Particulars of claim
1 The claimants claim is for the sum of £14593.72 being monies due from the defendant to the claimant under a regulated agreement between the defendant and the Mona Europe bank limited (no xxxxxxxxxxxxxxx ) and assigned to the claimant on the 29/11/2012,

you mean MBNA Bank Europe?

are these dates correct? and have you acknowledged the debt within that time?? do you live in scotland or eng/wales??

Amethyst

[MIKE770]

also default date, and last payment date ==


Note:- limitation “First, the aim of the statutes of limitation is to prevent citizens from being oppressed by stale claims) just a thought?


also have you checked credit file to see if it is still reported on there

[shellbrado]

also default date, and last payment date ==


Note:- limitation “First, the aim of the statutes of limitation is to prevent citizens from being oppressed by stale claims) just a thought?


also have you checked credit file to see if it is still reported on there

Hello and thank-you for the reply.

Yes sorry, MBNA Bank Europe,
The claim was issued on 27/11 and I acknowledged online on 30/11.
I had a £10 a month pay back agreement in place of which the last payment was taken on 30/11(being paid to Capquest). Then Shoosmiths sent me a letter & form to complete to review my financial situation and payment plan on 8/10, which I didn't respond to. I then received a letter from them on 22/10 as notice that they were instructed to issue court proceedings.
No I don't think it is on my credit file, I've used 'totally money' and 'experian' and it's not listed there.

How do I find my default date?

And I'm sorry I don't understand your comment ref;
Note:- limitation “First, the aim of the statutes of limitation is to prevent citizens from being oppressed by stale claims) just a thought?

[Amethyst]

It's not statute barred as you've been making payments but the Default Date should show on your credit file. However if the account was assigned to Arrow on

29/11/2012 it should have defaulted a while before that, and shouldn't still be on your credit file. ( it should only be on there for 6 years from the default date)

You had a payment taken on 30th November 2018 under the £10 a month agreement you'd reached with the claimant ? Is that right?

Payments were being made to Capquest.

The Claimant is Arrow Global.

Have you any previous letters from Capquest which say the debt is owned by Arrow and being managed by Capquest ?

In October Shoosmiths sent a letter asking you to review situation and payment agreement which you didn't reply to ( did they give 14 days?) then they issued a letter on 22/10 about court proceedings - which included a reply form? - which you also didn't respond to ?

( Just checking what happened to end up with this in court despite you making previously agreed payments )

Have your circumstances improved since you made the £10 a month agreement ?

Do you own your own home ?

[shellbrado]

issue date 27th Nov 2018
Particulars of claim
1 The claimants claim is for the sum of £14593.72 being monies due from the defendant to the claimant under a regulated agreement between the defendant and the Mona Europe bank limited (no xxxxxxxxxxxxxxx ) and assigned to the claimant on the 29/11/2012,

you mean MBNA Bank Europe?

are these dates correct? and have you acknowledged the debt within that time?? do you live in scotland or eng/wales??

Amethyst

And yes the above dates are correct.

[shellbrado]

It's not statute barred as you've been making payments but the Default Date should show on your credit file. However if the account was assigned to Arrow on

29/11/2012 it should have defaulted a while before that, and shouldn't still be on your credit file. ( it should only be on there for 6 years from the default date)

You had a payment taken on 30th November 2018 under the £10 a month agreement you'd reached with the claimant ? Is that right?

Payments were being made to Capquest.

The Claimant is Arrow Global.

Have you any previous letters from Capquest which say the debt is owned by Arrow and being managed by Capquest ?

In October Shoosmiths sent a letter asking you to review situation and payment agreement which you didn't reply to ( did they give 14 days?) then they issued a letter on 22/10 about court proceedings - which included a reply form? - which you also didn't respond to ?

( Just checking what happened to end up with this in court despite you making previously agreed payments )

Have your circumstances improved since you made the £10 a month agreement ?

Do you own your own home ?

Thank-you for the reply.
Answering your questions :

Yes last payment was 30/11 to Capquest debt management. I don't have the latter from Arrow stating that Capquest were managing the debt, but I may have had it, but not kept it. I don't recall either way.

Basic correspondence details:
I have been receiving letters from Capquest since 2016 and 4 of those were settlement offers which I was unable to take up. Then in August of 2018 they asked for a income and expenditure review, and again in September, which I didn't respond to. They said if they hadn't heard back by 26/9 they would pass account on to a solicitor to consider legal action.
I then received a letter from Arrow (claimant) dated 5/10 advising that Shoosmiths would be managing the account on their behalf.
I received a payment plan review dated 08/10 from Shoosmiths which I didn't respond to. I then received a letter dated 22/10 from Shoosmiths saying they were giving notice that should they be unable to agree suitable terms of repayment they are instructed to issue court proceedings against me.
On 26/10 a letter was issued from Arrow with a statement relating to my 'running account credit agreement' stating correspondence and payments should be directed to Shoosmiths.
Then the Claim Form arrived dated 27/11.

My circumstances are similar to when I originally set up the payment plan yes, although my father recently passed away, so I will have access to some money coming soon. This is also the reason why I have been ignoring latters, I have been grieving and it's been a difficult time.
Yes I own my own home.

[shellbrado]

So over the weekend I had the cheque for £1 returned to me from Arrow with a note to say they no longer require this payment. I have also had a letter from MBNA saying that they were dealing with my request for correspondence and data but that it could take a month to get this to me.

[ScottishSolicitor]

Is this case in the English or Scottish courts?