Arrow/MBNA/Shoosmiths court claim

[Lloydsdad]

Hi I received a court claim and filed my defence within the dates permitted and sent the suggested letters to arrow and shoosmiths requesting the notice of assignment etc. This was around 5 weeks ago and during this period I received an acknowledgement from arrow that the are not the creditor but would provide the requested documents.

This weekend i received a notification of allocation to fast track and the court advise it is too late to request a stay

Any help please as to what my next step is I guess a should have sent a follow up letter after the 7 days

Thank you in advance for any assistance

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Would appreciate any possible assistance

Many thanks

[Kati]

Re: Arrow/MBNA/Shoosmiths court claim

Hi [MENTION=51524]Lloydsdad[/MENTION] - I'm sure someone will come along and advise soon :tinysmile_twink_t2:

Kato x

[Kafka]

Re: Arrow/MBNA/Shoosmiths court claim

You presumably mean that Arrow are the Claimant but not the original creditor, so have had to apply to MBNA for the documents?

Exactly what letters did you send to Arrow and Shoosmiths?

How much is this claim for if it has gone to Fasttrack?

When did the account start?

Do you have any documentation for it?

What charges have been added on?

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Thanks for your reply yes Arrow are the claimant

I sent the CCA and CPR requests to Arrow and Shoosmiths

The claim is for £11500 and a notification of proposed allocation to fast track was received

Not sure of start date by have a statement from October 05 was originally an AOL MBNA card changing to an Abbey MBNA card with the account number changing

With regards to charges do you mean court fees?

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Just to add Shoosmiths confirmed matter was on hold until requested documents were obtained

[Kati]

Re: Arrow/MBNA/Shoosmiths court claim

Just to add Shoosmiths confirmed matter was on hold until requested documents were obtained

In writing???

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Yes letter dated 13 August and to quote


With reference to the above matter and your most recent correspondence dated 11 August 2014 we can confirm we will request a copy of the original credit agreement, statement, default notice and a copy of the notice of assignment from our client Arrow Global Guernsey Limited.


The matter will be on hold whilst we request this information and we will send a copy out upon receipt


If you have any further queries.....

[FlamingParrot]

Re: Arrow/MBNA/Shoosmiths court claim

Thanks for your reply yes Arrow are the claimant

I sent the CCA and CPR requests to Arrow and Shoosmiths

The claim is for £11500 and a notification of proposed allocation to fast track was received

If it has progressed this far it means you have submitted a defence. What was your defence?

Not sure of start date by have a statement from October 05 was originally an AOL MBNA card changing to an Abbey MBNA card with the account number changing

You mean an old Alliance & Leicester (A&L) credit card? As far as I know, when MBNA bought those in 2002 they neglected to obtain the agreements and most were destroyed never to be found again. :whoo: I've got one of those cards, sent CCA request March 2010, MBNA were quick to respond they could not supply the agreement due to 'archival retrieval issues with the A&L'. The A&L had not yet been fully absorbed into Santander in 2010.

Again, what was your defence based on?

With regards to charges do you mean court fees?

No, it would refer to charges applied on your credit card statements.

Just to add Shoosmiths confirmed matter was on hold until requested documents were obtained

Did they say that AFTER they had issued a claim? This seems to be happening quite frequently with Arrow, I've seen at least a couple of other cases where they'd said that, can't remember if they were also using Shoosmiths but it was definitely Arrow. Those 'on hold' letters only apply when the matter is still at the pre-court stage and you send a CCA request, the 14 days have elapsed and they've not responded, not when a claim has been issued.

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Hi my defence stated I was awaiting requested documentation for Arrow to prove I owe them the debt


Not sure if previously was A&L there was an AOL promotion at the time with MBNA


I would need to review last statement for charges applied


The shoosmiths reply quotes the claim number but my CCA request was within the 14 days limit


not sure where to go with this one

[FlamingParrot]

Re: Arrow/MBNA/Shoosmiths court claim

Hi my defence stated I was awaiting requested documentation for Arrow to prove I owe them the debt

That's the problem with holding defences, for a claim of this amount you should really have submitted an unless order instead.

Not sure if previously was A&L there was an AOL promotion at the time with MBNA

Ah, sorry about the misunderstanding. Any idea what year that was?

I would need to review last statement for charges applied

Probably won't make a huge difference.

The shoosmiths reply quotes the claim number but my CCA request was within the 14 days limit

Did you not ask them to agree to an extension of 28 days when you received that letter?

not sure where to go with this one

Have you any idea how you applied for he card? How was the AOL promotion presented to you?

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

That's the problem with holding defences, for a claim of this amount you should really have submitted an unless order instead.
Ah, sorry about the misunderstanding. Any idea what year that was?
Probably won't make a huge difference.
Did you not ask them to agree to an extension of 28 days when you received that letter?
Have you any idea how you applied for he card? How was the AOL promotion presented to you?

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

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Bump

[Amethyst]

Re: Arrow/MBNA/Shoosmiths court claim

Have you already completed the N181 form for directions?

[Lloydsdad]

Re: Arrow/MBNA/Shoosmiths court claim

Hi I haven't completed the N181 is this the form the court send as their N149B refers to the N181 but enclosed an N180

I have by the 20th October to complete