Arrow/MBNA/Shoosmiths court claim

[Amethyst]

Re: Arrow/MBNA/Shoosmiths court claim

Courts are doofus's sometimes. They wonder why the wrong forms get filled in. N181 attached.

Timescales are good so we'll sort completing it and some directions over the next week - remind me Thursday as I'm away tmw.

The fee is for the other side to pay so don't worry about that.

And it's absolutely fine to have done a defence as opposed to an application so don't worry about that either. We will need a copy of your defence to work on the directions for the N181 though (unless its on here already?)

So still no CCA, assignment, default notice, statements etc?

MBNA c/card £11k odd.

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Thank you for the N181 that helps now

MY Defence has not been posted so I can go through this from Thursday

In the meantime still no CCA etc received

Yes £11K on an MBNA cc

Thank you and will be back Thursday evening

[Amethyst]

Re: Arrow/MBNA/Shoosmiths court claim

No worries, you're doing absolutely fine so nothing to worry about xxx Talk Thursday.

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

No worries, you're doing absolutely fine so nothing to worry about xxx Talk Thursday.

Thank you

[FlamingParrot]

Re: Arrow/MBNA/Shoosmiths court claim

Hi I have statements as old as 2005 but may be slightly earlier

I didn't ask for an extension as I thought this was on hold

I can't remember how the card was applied for but pretty sure this was not online

Do you think I am in a position to continue to contest

I'm sorry I can't answer your question since I don't know what arguments you could have to dispute this debt. I can only mention arguments that have been used in other cases. These can refer to one or more of the following:

1. The agreement: this is where you recollection comes in. If you didn't apply online, you should have signed something or other, probably after filling in a form. What sort of form was that? Did it have the prescribed terms?
2. The default notice, were you sent one in the first place? A lot of MBNA DNs were defective
3. The assignment

[Kafka]

Re: Arrow/MBNA/Shoosmiths court claim

Also, did you receive a formal Letter Before Action threatening court action, at least 14 days before the claim was issued by the court?

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

I'm sorry I can't answer your question since I don't know what arguments you could have to dispute this debt. I can only mention arguments that have been used in other cases. These can refer to one or more of the following:

1. The agreement: this is where you recollection comes in. If you didn't apply online, you should have signed something or other, probably after filling in a form. What sort of form was that? Did it have the prescribed terms?
2. The default notice, were you sent one in the first place? A lot of MBNA DNs were defective
3. The assignment

Hi thank you for your response I will hunt the paperwork down at the weekend to try and answer your questions

Would the default notice and assignment be simply titled what they are saying to make this easier for me to locate

[Kafka]

Re: Arrow/MBNA/Shoosmiths court claim

The Default Notice is a sort of template document that clearly refers to it being a notice of default under the CCA. It will say that you have failed to keep up the agreement and that your breach requires rectifying by paying X amount by Y date, which should be at least 14 days ahead.

The Notice of Assignment is a letter on headed paper stating that owing to the account being defaulted it has been assigned (sold) on a certain date to the new owner. These should come from the original lender, but usually they are forged by the DCAs using the original creditor's headed paper. Sometimes they even send you a forged NoA supposedly from the OC in the same envelope as their introduction letter!

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Hi thanks for your messages I have looked again through my most recent paperwork and cannot see anything recent from MBNA I must have had a default notice surely I haven't paid them for 5 years

As for a letter before action I take would be from either Arrow or Shoosmiths but don't recall and haven't found this recent letter

[FlamingParrot]

Re: Arrow/MBNA/Shoosmiths court claim

Hi thanks for your messages I have looked again through my most recent paperwork and cannot see anything recent from MBNA I must have had a default notice surely I haven't paid them for 5 years

As far as I know, MBNA always send them, but they are often defective, because they either don't give you enough time to remedy the breach, or the amount they ask for is incorrect, they should only ask for the arrears not the full amount.

As for a letter before action I take would be from either Arrow or Shoosmiths but don't recall and haven't found this recent letter

It would be from Shoosmiths but they are hardly ever headed "Letter Before Action", most often they just say something like: "We are instructed by our clients to start proceedings in the county court unless you pay the full amount of £xx,xxx.xx within 7/14 days. Please contact us on xxxxxx to set up a payment arrangement. If we get a CCJ against you we can apply for an attachment of earnings, get a charge on your property, send bailiffs..." :blah: :blah: :blah:

Lack of compliance with the pre-action conduct won't make the account unenforceable but it can have an effect on costs. This is more relevant here than in cases allocated to small claims.

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Hi thanks again for your advice the letter before action has not been received and this would have been pretty recent


As the CCA request etc has not been received what route would you suggest I take

[Kafka]

Re: Arrow/MBNA/Shoosmiths court claim

The lack of a LBA is another procedural point of error that you can use in your defence.
It looks as if your requests have gone off and you need now to wait and see what they supply - if anything. When we are getting near your deadline we need to draf ta defence that spells everything out, but that can only be done based on the disclosure (or lack thereof!).

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Thanks Kafka for your help, hi Amethyst I appreciate you said you would be on here today is there anything I need to have prepared this weekend

[Amethyst]

Re: Arrow/MBNA/Shoosmiths court claim

Morning xxx Just reading back and reminding myself xxx

[Amethyst]

Ahhh yes, the N181.
Could you post up your full defence as entered please.

The lack of a LBA is another procedural point of error that you can use in your defence.
It looks as if your requests have gone off and you need now to wait and see what they supply - if anything. When we are getting near your deadline we need to draf ta defence that spells everything out, but that can only be done based on the disclosure (or lack thereof!).

Okay that confused me as we're at N181 stage already.