Arrow Global/MBNA - Court Claim

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

Unfortunately (and sorry its taken me a few days to get back on this) it does look as though the agreement would be enforceable. Its an online agreement from Feb 2006. All the original terms are present and the relevant tick boxes ticked. The assignment looks fine. Only thing I can't see is the default notice ?

However, your defence was based on being unaware as to what the debt is and asking for the documents, as opposed to defending the claim, so now you have the documents you can apply to amend your defence, if appropriate, or amend your pleading to an admission and offer to pay.

Were there other issues with the debt ?

[hollyb]

Re: Arrow Global/MBNA - Court Claim

No problem [MENTION=6]Amethyst[/MENTION]. I suspect you are a very busy lady! The only problems I had with it were, the debt is showing as settled on my credit file, and i thought I had settled it. I agreed to settle a number of outstanding debts after I sold my house, and thought this was one of them.

The only other thing really was the assignment notice - as it is an assignment of an unrelated debt. Surely Arrow have no authority to pursue the debt they are claiming to pursue, if they have have been assigned a completely different debt?

My overriding fear here is that I get a CCJ. I am almost clear of all the rubbish that the financial crisis bestowed upon me. As of the end of 2015 I will have a clean credit file. So even if this debt is already settled, I'd rather just agree some payment plan and not get the CCJ. I really couldn't handle that setback now. Do you think it is too late for that now? Or can I come to some arrangement with them?

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

I don't understand your point about the assignment, the claim, witness statement and assignment notice are all for MBNA c/c of £15k odd ? (probably just me but can you explain a bit more why you think its a different account)

[hollyb]

Re: Arrow Global/MBNA - Court Claim

Hi [MENTION=6]Amethyst[/MENTION] - the account number on the assignment notice is not the same account number as the claim .

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

ahhh yes 5186 7511 ..... vs 5186 7519.... - that's the card number I believe.

Card number at issue and card number at default could have changed because of a replacement card etc.

[hollyb]

Re: Arrow Global/MBNA - Court Claim

The default notice number is also different to the assignment number

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

Which on of the files is the default notice on (I'm probably being blind but I can't see it - its page 21 and I have the assignment as page 22)

[Kafka]

Re: Arrow Global/MBNA - Court Claim

Are there significant differences between the account balances or anything else? Judging from the figures you have posted it looks like a typo or a local change of number, as already stated. An error - certainly - but I suspect that a court would not take that as sufficient grounds to argue that it was a different account.

[hollyb]

Re: Arrow Global/MBNA - Court Claim

I might have missed the default notice in the bundle - I have just emailed it through.

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

A/c on drydens letter - 5186 7511

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

That's not a default notice though. Is that what they sent as the default notice ?

[Amethyst]

Re: Arrow Global/MBNA - Court Claim



That's an LBA rather than a DN.

[hollyb]

Re: Arrow Global/MBNA - Court Claim

So the a/c no on the DN is 11 0319 2376

and the a/c no on the assignment is 19 9900. 7423

[hollyb]

Re: Arrow Global/MBNA - Court Claim

And there's no account reference on the agreement.

[Amethyst]

Re: Arrow Global/MBNA - Court Claim

Doesn't seem to be a Default Notice if that letter from Drydens is what they are saying is a Default Notice (as it just isn;t)

The default notice would be from MBNA giving you 14 days to bring the account back into order else they will default you.