Help please :Defending court claim Arrow Global/MBNA

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

I'm in the Midlands area.
How long have I got to get in touch with the court ?

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

it is 14 days to acknowledge the claim, then 14 days to do the defence

its a total of 33 days from the date on the claim form

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Thank you.
I'm probably thinking too far ahead but,
will it go against me if they say they didn,t receive my request ? i,e the post office's fault.

[teaboy2]

Re: Help please efending court claim Arrow Global/MBNA

Nope, you can put in an embarressed defence based on them not complying with your CPR request, at which point a judge will at a hearing order the claiment to comply with your CPR request and set a deadline for them to do so. After which you can hit them with an unless order with the view to have their claim struck out, should if they fail to comply.

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Still had no reponse from Blake Lapthorn regarding CPR 31.14 request.

Have to file defence by Monday evening. What should I do ?

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

remind me in the morning

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

1. IN THE NORTHAMPTON CCBC COUNTY COURT
CASE NUMBER: XXXXXX
BETWEEN

ARROW GLOBAL

CLAIMANT

AND


MRSJXXXX

DEFENDANT

DEFENCE

1. The defendant denies that he is liable to the claimant either as alleged in the particulars of claim or at all. Save where otherwise admitted, each and every allegation in the particulars of claim is denied

2.Paragraph 1 of the particulars of claim is admitted save that the defendant had an agreement with MBNA

3. Paragraph 2 is denied, the defendant maintains that no agreement exists between the claimant and defendant

4.It is denied that the claimant is entitled to the amounts claimed or any interest amounts

5.The claimant alleges the account was assigned to them by MBNA and thata notice of assignment has been given to the defendant.

6.The defendant draws the courts attention to section 196 Law of Property Act 1925

7.I respectfully submit to the court that steps to ensure service of the notice of assignment are only adequate if the requirements of S.196 of the law of property act 1925 are complied with either (a) postal service or (b)personal service

8.Since the claimant explicitly states it was “sent” it is assumed this was via postal service

The requirements for service via the post are

Law of property act (1925) s196

(4) any notice required by this Act to be served shall be sufficiently served, if it is sent by post in a registered letter addressed to the lessee,lesser, mortgagee, mortgagor, or other persons to be served, by name, at the aforesaid place of abode or business, office, or counting house, and if that letter is not returned by the postal operator (within the meaning of the Postal Services Act 2000) concerned undelivered, and that service shall be deemed to be made at the time at which the registered letter would be in the ordinary course be delivered.

9. It is noted that the claimant has, at no time, provided evidence that the notice of assignment was sent by registered post, and if “sent” via any other method, the notice was not sufficiently served.

10. I did not receive any notice of assignment in the format prescribed by law and served in the prescribed manner from the respondent

11. To the best of my knowledge any notice of assignment sent to me by registered post must therefore have been returned to the respondent.

12. Consequently, I do not believe that any notice of assignment was properly served upon me at the date of the claim, and therefore any assignment has not been perfected in law.

13. It is further averred that I am entitled to inspect the Deed of Assignment as to my request under CPR 31.14

(Van Lynn Developments V Pelias Construction Co Ltd 1968 (3) ER 824)

14. The claimant’s solicitor has failed to facilitate this as to my CPR 31.14 request

15. The claimant’s solicitor has failed to supply certified copies of the original credit agreement regulated by the Consumer Credit Act 1974, a copy of the default and termination notice, and a full statement of account prior to the alleged assignment by MBNA.

16. The claimant’s solicitor has failed to send the Defendant a Certified copy of the Terms and Conditions associated to this account as stipulated by his CPR 31.14 Request.

17. If the claimant states that they were not the creditor as to the ConsumerCredit Act 1974 at the time these statutory notices were issued (Agreement, Defaultand Termination notice), the defendant draws the courts attention of

Jones v Link Financial [2012] EWHC 2402 (QB)

18. Until the Claimant complies with the Defendants CPR 31.14 request, the Defendant is neither able to admit or deny the true figure and request leave to amend their defence should the claimant furnish the requested paperwork on which their claim relies upon.

STATEMENT OF TRUTH

I (your name) believe the facts stated in this defence are true.

(Print your name)

Dated this day 11^th November 2012


right then

the above is a quick draft for a holding defence

comments please people as i loathe an embarrassed defence

i call this a holding defence

MRSJ

DO NOTHING UNTIL I TELL YOU

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Thanks again for your help Milliitant. Will wait for the go ahead.
Checked dates, Court Issued on 12th October so 33 days is 13th November.

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

might as well do the defence on line in the morning

we have done all we can now

lets see what they come back with

remember to fill in your name, claim number, print your name as well,etc,etc

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

What if I put in the above as defence on Monday then the info requested in 31.14 turns up on tues ?
Or doesn't it matter as they are out of time anyway ?

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

they only have 7 days from request

they are out of time

the solicitors should have all the papers before they start a claim, they were hoping for a judgement by default, shame we put a stop to their little game

dont be surprised if the solicitors now pull out

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Hope they do !!!

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Submitted defence this evening online.
Do I have to send a copy to Blake Lapthorn, Arrow Global's solicitors ?
Or do I just sit back & wait ?
What happens next ?

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

the court will now send copies to solicitors etc

the next piece of correspondence we will get that needs a copy returned to the claimant as well as the court is the allocation questionnaire

we will use that to strike out the claim

sit back and relax now

it is all under control

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Cant express in words how much your help is appreciated.
Thank you for giving your time to a stranger in need.