Fighting Arrow Global who aquired my MBNA Default

[martin1962]

Hi all

After submitting my defence to court today i had a letter from court and could some one help with what this means.

1.) The claimant shall by the 18th July file and serve.

A copy of the agreement between the assignor and the defendent
Acopy of the applicable terms and conditions of the agreement. if not contained within the same agreement.
a copy of the notice of assignment to the claiment,showing the date and manner of service therof on the defendent.
A full statement in respect of the material account showing all transactions relied upon in arriving at the ballance claimed.


In default the claim shall be struck out.

2.) the order has been made by the court of its own initiative,without hearing the parties or giving them an opportunity to make representation. And part affected by the order may apply to have it set aside, varied or stayed. Such an application must not be more than 7 days after the date on which the order was served on the party making the application.


As for 1 I cannot see them being able to produce these as this was part of my defence to the court stating that they had no credit agreement with my signature on it agreeing to pay any monies to Arrow globle.also i had not made any agreement for them to pay of a debt from MBNA and so striking up a Credit agreement with them.

Reading this myself i would say the court are on the verge of granting in my favour but anyones input on this would be appreciated.

Regards
Martin

[Amethyst]

Re: Fighting Arrow Global who aquired my MBNA Default

Excellent That's exactly what you want, although the timescale is little bit long, but we can't have everything.

Just a matter of waiting and seeing now.

Would you be able to post up a copy of the defence you entered pls. Just out of interest.

[martin1962]

Re: Fighting Arrow Global who aquired my MBNA Default

Hi
What i did was first approch the solicitors and Arrow with this letter.
With Regards the forth coming Court vist regarding Arrow Global Your Ref LMO/LMO/1816089. I have forwarded a request form and and sent a £1 postal order to Arrow Global requesting that they Send me a copy of any agreement to them for Finance with my signature on it(Dated 17/01/2014) then i would pay them. As they have ignored this as i know they do not have one then if court is what they want then this is fine as i know and as do you they will loose.

This letter is a formal request pursuant to
s.77/78 of the Consumer Credit Act 1974. I require you to provide
me with a true copy of the credit agreement relating to the above account, together with any other
documentation the Act requires you to provide these.
Your attention is drawn to ss.5 (2), 3(b),
6 and 7 of the
Consumer Protection From Unfair Trading
Regulations 2008
(CPUTR).
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be
used for any other purpose.

I look forward to your reply A.S.A.P

yours
Martin Lockett
03/03/2014

Then i sent a letter asking for a copy of my agreement (and not just the back pages that they usually send) which is required by the Credit agreement act of 1974
which i have attached.
Both of these were ignored and i recieved court papers, These were then used in my defence and a copy of the letters sent to Arrow and a copy of the Credit Agreement of 1974 and i said to the court that without any of these papers with my signature on them then they have no claim , And the court should not allow them to waste there time.


When these people buy depts from other companies they only pay 10% of what is owed and in reality this is all they are intitled to. But they just hope people are sio frightened of going to court that they will buckle. They are leaches and anyone in the same situation just dont worry even if you go to court they wont turn up 9 time out of ten especially if you change the court dealing with the claim to one near you as this just adds to the cost of them getting there .

My Debt was only the price of the PPI they illegley took from me and they refused to pay me back . 3 years later i got this back through the ombusman because i would not just accept what i was being told by companies.

At the moment Arrow show a debt on my credit score this willbe my next move to get it removed.


KEEP FIGHTING EVERYONE.


Martin

[PAWS]

Re: Fighting Arrow Global who aquired my MBNA Default

Martin, you star!:clap2:
My greatest ambition is to roast Arrow Global over hot coals. I will fight them until my dying day and then I will come back and haunt them!!! (err…I might need to get out more)
Keep fighting and posting up your progress.

[Amethyst]

Re: Fighting Arrow Global who aquired my MBNA Default

Thanks for posting the CCA requests.

Did you send a request for further information under cpr 31.14 ? ie asking for;
A copy of the agreement between the assignor and the defendent
Acopy of the applicable terms and conditions of the agreement. if not contained within the same agreement.
a copy of the notice of assignment to the claimant,showing the date and manner of service therof on the defendent.
A full statement in respect of the material account showing all transactions relied upon in arriving at the balance claimed.


As the wording of the order is quite similar to the standard CPR 31.14 request application. Could you post a copy of your defence too.

Fingers crossed they just fail to comply, it is nice to see an order with a proper unless sanction.


I'm asking because in the order

''2.) the order has been made by the court of its own initiative,without hearing the parties or giving them an opportunity to make representation.''

so it must be off the back of your defence.

[martin1962]

Re: Fighting Arrow Global who aquired my MBNA Default

Hi
Unfortunately i did not take a copy of the court paper with my defence on But what i wrote was that i had asked arrow for a copy of the credit agreement and the front page not just the T&C . They have failed to produce these as they do not have them .So as these are also needed for the court to Grant a sitting to hear the case then the court by Law should not grant a hearing and has to throw the case out as they have failed in part s78 of the CAA.
This was all was needed for the court to think this person knows the Credit Law and made them think.


Martin

[Amethyst]

Re: Fighting Arrow Global who aquired my MBNA Default

Kudos to whoever made the order then. Thanks Martin.

[wales01man]

Re: Fighting Arrow Global who aquired my MBNA Default

Is the defence here that global have noi signed contract between them and the OP or no signed agreement between the original lender and the OP.
Saying Global are only entitled to 10% seems right to most of us but in reality its not going to happen?

[martin1962]

Re: Fighting Arrow Global who aquired my MBNA Default

It has happened if you look at my first post. The court have told them unless they can produce these papers they have no case.


Martin