Help please :Defending court claim Arrow Global/MBNA

[MrsJ]

I could do with some guidance to help me defend this claim from Arrow.

Brief history,

Credit card with MBNA in 2006. Never missed a payment until 2008/9 when I became ill and was unable to work (Self Employed)
I contacted MBNA regarding my circumstances and asked for assistance i.e reduced payments etc until i recovered enough to work again.
realised I had payment protection i attempted to make a claim.
Couldn't of course.
The account was put into dispute whilst attempting to reclaim PPI.

Interest rate went up to 34%.
Been passed to several DCA's all of which I ignored or told account in dispute.
Received PPI refund in 2011 with minimal interest and no charges etc taken into account. Have disputed amount with MBNA.

Now received Arrow Global Court Claim (Northampton) for full amount, Court fees & solicitors costs.

Have read through threads on here which say
Request CPR Rule 31.14 for statement of case, Agreement ,default notice & notice of assignment.

CPR Rule 15.5

As my head is a bit boggled at the moment could anyone advise the most effective way to word my acknowledgement and defence. should I mention the unresolved unfair treatment with MBNA aswell. ?

Any help would be very much appreciated.

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

first of all

DONT PANIC

what reason was given for not paying out on the PPI

WAS IT BECAUSE YOU WERE SELF EMPLOYED

how was the ppi premium paid, monthly in your repayments or debited from your card in one lum sum

[Bill-K]

Re: Help please efending court claim Arrow Global/MBNA

The reasons for not paying out on your claim ARE important, MrsJ. Have you got them in writing ? If not, then I think you should get them.

Also - this is where dates may be important - when was the account put into dispute ? If it has been passed to a DCA AFTER this, then that is unlawful, I believe.

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

If it has been passed to a DCA AFTER this, then that is unlawful, I believe.

i to am under that impression also

when you put in a complaint/dispute as to their complaints procedure.
the creditor has to give you a response within 56 days and with the option of passing up to the financial ombudsman if not satisfied with that response

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Thank you both for the fast response.

The PPi was paid monthly on the credit card for varying amounts depending on the balance.
Reason given to reject claim was that I was not covered. This was a telephone conversation and they put nothing in writing, but i do have my notes of all phone calls and copies of letters I have written to them. And all the DCA letters (big file)

All of which are in a box under the stairs as its been ongoing since 2008/9.
I am building up the courage to get everything out tomorrow to find exact dates.

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

what reason was given as to why you were not covered

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

I was told that to make a claim I would have to be off work for 30/40 days or close the business.
Which would have been impossible for me, being self employed as I wouldn't have a business to go back to.
That was when I realised I had been mis-sold the PPI in the first place.

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

we will deal with that later, so what i need you to do is type out the particulars of claim exactly, its starts as
"money owed" for example

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

The Claimant's claim is for the sum of £4392.28 being monies due from the Defendant to the Claimant under a regulated agreement between the defendant and MBNA and assigned to the Claimant.
Notice of the assignment has been provided to the Defendant.
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. and the claimant claims the sum of £4392.28. TOGETHER with the costs of the claim. 11th October 2012.

Amount claimed £4392.28
Court fee £85
Solicitors costs £80
Total £4557.28

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

did you receive any letter before action and what contact have you had with arrow prior to the claim

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Thanks Miliitant, I will sort through the paperwork tomorrow so that I can give correct dates instead of guesstimates.
If thats ok with you ?

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

Dear Sir,

Re: (Claimant's name) v (Your name)

Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The assignment*

3 The default notice*

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

send this to the claimant (arrow)by RECORDED DELIVERY
if a solicitor is handling the claim, the cpr 31.14 and any future correspondents also go to the solicitor for the claimant

WE WILL DEAL WITH HOW TO ACKNOWLEDGE THE CLAIM ONLINE TOMORROW

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

http://www.legalbeagles.info/forums/...ighlight=lizzy

have a nose at this arrow thread

[MrsJ]

Re: Help please efending court claim Arrow Global/MBNA

Thank you for your guidance as this all feels like a mine field at the moment.
So glad Ive joined this site as its showing me that where there's a will there's a way.

[miliitant]

Re: Help please efending court claim Arrow Global/MBNA

anybody can issue a court claim

seeing through to the end is a different story

arrow will not have it easy, that i can assure you on