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MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

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  • MBNA > Arrow Global > Yuill and Kyle - SCOTLAND

    hi guys - please help with this one... I am based in Scotland...

    I had a credit card, 2 actually, with MBNA. Stopped paying them, and others, about 4 years ago - as I'd got involved with a company called Credit Issues, who deemed that all of my credit cards were unenforceable, and I didn't need to pay them. I knew it was going to screw up my credit rating, but wasn't too bothered about that - to be safe, I'd say Jan 2016 will actually see everything totally statute barred, so this gives you some idea of timescale, but I've not paid anything, nor had any contact with any DCA in the interim.

    One card in particular, MBNA = £9000 outstanding approx. was passed between various DCA and eventually ended up with ARROW GLOBAL, relatively recently. They wrote to me last week, although the envelope it came in was branded YUILL AND KYLE - stating they had passed the debt to YUILL AND KYLE, who would be handling this debt for them. SO why did it come in the YUILL AND KYLE envelope??

    Anyway, it was ignored, as per usual. However, YUILL AND KYLE have written today saying they will issue court papers (unsure of exact wording, as I do not have it to hand) if I do not pay within 5 days. Now, I've had LOADS of these letters, and ignore them, as they wording is 'MAY take legal action...' - but this time they say the will take legal action - and reading up on them, I see they're a right bunch, who try every trick in the book - including the mistiming of letters and so on.

    I've not acknowledged this debt in 4 years, I am sure I have been offered discounts on the debt from previous DCA, which always suggests to me the debt is a stinker and they cannot enforce it, so they're trying to get a few quid, which is better than nothing. Am I correct in this assumption?
    If this is correct, I'm taking the chance that they are just trying their hand in the strongest way possible. And I will NOT contact them, and will wait to see what they do next.

    So, question is this, if they do take the next step, what steps, in the right order, do I need to take next? I hear about CCA, prove it letters, SAR and so on, but is there a specific order to these, and to whom should they be addressed? MBNA, Arrow, YUILL AND KYLE...?? And does sending a CCA/prove it request stop any impending legal proceedings, for the time being?

    And also, does sending a SAR, CCA etc admit any liability for the debt whatsoever...? I'd dearly love to sit this out and for it to go away once it becomes statute barred, and drop off my credit file, so I can start rebuilding my credit rating again.

    Any help VERY MUCH gratefully received - many, many thanks in advance.
    Tags: None

  • #2
    Re: MBNA > Arrow Global > Yuill and Kyle

    SAR requires the recipient to supply all personal detail they hold on you. This is a statutory right (under the DPA) for the £10 fee. It will tell you exactly what they hold in terms of original agreement/s, account history, statements, charges added on, the default process and assignment. DCAs never get the info when they buy them, so CCA and CPR requests always have to go to the OC. By getting the SAR details early you can be one step ahead because you already know what docs the DCA has access to.

    CCA request for each account goes to the current owner of the account. Again it's a statutory right (under the CCA) and for the £1 you should get a copy of the agreement - if it exists. If you send a CCA request to a creditor, then legally they can't enforce the debt until they have complied. If they cannot supply valid copies, then it should allow you to challenge any claim.

    The CPR is a request for relevant documentation to a court claim, but can only be sent on receipt of a court claim, or before that on receipt of a clear threat of legal action. CPR requests go to the organisation threatening or filing the claim, which is usually a solicitor acting for the owner.

    If I was you, I would send SAR to MBNA giving the account numbers and wait for the response (they have 40 days). That will better enable you to decide how to play your cards.

    Comment


    • #3
      Re: MBNA > Arrow Global > Yuill and Kyle

      AARGH! HELP! HELP! HELP!

      COURT CITATION PAPERS ARRIVED BY RECORDED DELIVERY THIS MORNING...

      It's been just over 3 weeks since the SAR to MBNA and the CCA to Y+K were signed for as delivered. Had nothing from either of them. Y+K even wrote, in the meantime, with their 'intention to proceed with legal action' threatening letter, and NO reference or reply to the CCA, so I did not reply to this. But, this morning, court papers arrived...

      What should I be doing here? I'm out of my depth methinks! Not sure how different this may be from English law, but do remember I am from Scotland, SO it's Scottish law... There are a number of 'forms' 03, 05, 07 etc... But one, not numbered as such (Application for a time to pay direction) , has four parts A-D. A is completed by them. B is confusing - not sure applies to me, if I am defending? C is asking for details of income and outgoings. Again, I don't think I should complete? And D is a 'multiple choice'! - of which one is 'to recall the above arrestment'.

      I need a wee bit of hand holding here, obviously! I really cannot afford a solicitor - but do I need to consult with one? Or can someone on here help with this?

      Comment


      • #4
        Re: MBNA > Arrow Global > Yuill and Kyle

        Originally posted by stressball View Post
        AARGH! HELP! HELP! HELP!

        COURT CITATION PAPERS ARRIVED BY RECORDED DELIVERY THIS MORNING...

        It's been just over 3 weeks since the SAR to MBNA and the CCA to Y+K were signed for as delivered. Had nothing from either of them. Y+K even wrote, in the meantime, with their 'intention to proceed with legal action' threatening letter, and NO reference or reply to the CCA, so I did not reply to this. But, this morning, court papers arrived...

        What should I be doing here? I'm out of my depth methinks! Not sure how different this may be from English law, but do remember I am from Scotland, SO it's Scottish law... There are a number of 'forms' 03, 05, 07 etc... But one, not numbered as such (Application for a time to pay direction) , has four parts A-D. A is completed by them. B is confusing - not sure applies to me, if I am defending? C is asking for details of income and outgoings. Again, I don't think I should complete? And D is a 'multiple choice'! - of which one is 'to recall the above arrestment'.

        I need a wee bit of hand holding here, obviously! I really cannot afford a solicitor - but do I need to consult with one? Or can someone on here help with this?
        Hi [MENTION=23088]stressball[/MENTION], try not to worry
        As it's the weekend, LB can be pretty quiet, so sit tight and I'm sure someone will be along soon!!

        In the meantime, is there any way you can post up a copy of anything you have received up to now (personal details removed) for us to have a look at?? It might make it easier for you to get the advice you need :tinysmile_grin_t:.

        As for a bit of 'hand-holding' ... I'm good at that :lol: even if I'm not very clued up on court cases etc... (yet )
        K xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: MBNA > Arrow Global > Yuill and Kyle

          Originally posted by stressball View Post
          AARGH! HELP! HELP! HELP!

          COURT CITATION PAPERS ARRIVED BY RECORDED DELIVERY THIS MORNING...

          It's been just over 3 weeks since the SAR to MBNA and the CCA to Y+K were signed for as delivered. Had nothing from either of them. Y+K even wrote, in the meantime, with their 'intention to proceed with legal action' threatening letter, and NO reference or reply to the CCA, so I did not reply to this. But, this morning, court papers arrived...

          What should I be doing here? I'm out of my depth methinks! Not sure how different this may be from English law, but do remember I am from Scotland, SO it's Scottish law... There are a number of 'forms' 03, 05, 07 etc... But one, not numbered as such (Application for a time to pay direction) , has four parts A-D. A is completed by them. B is confusing - not sure applies to me, if I am defending? C is asking for details of income and outgoings. Again, I don't think I should complete? And D is a 'multiple choice'! - of which one is 'to recall the above arrestment'.

          I need a wee bit of hand holding here, obviously! I really cannot afford a solicitor - but do I need to consult with one? Or can someone on here help with this?
          Ahh think I just replied to you on another thread, you can ignore that now.

          What is the Return date ?(should be on the form)

          Here's some info and a download file to have a read of.

          How do I defend a small claim action?

          You will need to complete the relevant sections of the form that you will have received. More detailed guidance on how to defend the action and how to complete the form can be found in the guidance note Responding to a Claim . You need to make sure that you return your completed form to the court before the return date. The contact details for the court and the return date can both be found on the front page of the summons.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: MBNA > Arrow Global > Yuill and Kyle

            Anybody out there?? HELP APPRECIATED!!

            Comment


            • #7
              Re: MBNA > Arrow Global > Yuill and Kyle

              HELLOOOO??

              Anybody at all give some more info and help with this please??

              Comment


              • #8
                Re: MBNA > Arrow Global > Yuill and Kyle

                Amethyst, hi...

                I'm afraid that it's an Ordinary Cause Claim. I'm rather running out of time and DESPERATELY NEED some help?

                Anybody? PLEASE?? I've fallen between the cracks of the payment here - please someone pop up to help!

                Comment


                • #9
                  Re: MBNA > Arrow Global > Yuill and Kyle

                  Stressball ,

                  I'm so sorry I can't help but please post up what you have written on the form (as per Amethyst's instructions post 5), removing all your personal details.

                  Then all those that CAN help you will have something to go on.

                  Please try to calm down (I know it's easily said - have a cuppa and a squeeze of your stressball) - you HAVE come to the right place and help is at hand - they do need info, though.

                  xx

                  Comment


                  • #10
                    Re: MBNA > Arrow Global > Yuill and Kyle

                    hi all - PLEEEEASE can someone help with this!!

                    So, I've been served an ORDINARY CAUSE - I live in Scotland. Came from a solicitor called YUILL + KYLE - whom I'm lead to believe are a bit dodgy at times. Before the writ arrived, I sent them a CCA request - it is actually 80 days since they singed for it (I have POD) and they have not replied - no copy of CCA supplied and no explanation as to why it was not supplied - even though the letter stated this was what I expected.

                    I have lodged a NOTICE OF INTENTION TO DEFEND - 1 week ago. And, today, have received a letter from the court outlining the timetable for various things. I now have to LODGE DEFENCES by 01.12.14. But I have no idea how to do this. I won't qualify for legal aid and a lawyer I spoke to wanted a grand up front in advance.

                    As far as I can tell, my defence is based on 2 things - either the CCA cannot be found (MBNA sent me a photocopy of the signature page only from a SAR request) OR, if it is found, it is flawed in some way.

                    In 2010, Credit Issues deemed that there WAS a true copy, as supplied to them by MBNA at the time, but that it was unenforceable, thus:
                    This is a breach of schedule 6. By failing the contain all of the Prescribed Terms the agreement is found to be irredeemably unenforceable

                    However... how can I lodge any defences without seeing the CCA having it assessed by some expert on here?

                    I can post the writ PDF up, if someone needs to see this, and a scan of what MBNA sent me as the CCA...?

                    ALSO - in looking thru the list of transactions from the SAR, I saw that a year or two before I stopped paying the card (so, 2008) the card wasn't being used, and I was paying the min payment, plus a teeny wee bit. This changed from 'INTEREST' to two entries of 'FINANCE PAYMENT' - effectively increasing the credit charge by 25% - anybody know what this means?? MBNA hadn't told me about this and I hadn't noticed it - as the card wasn't being used, I just looked at the min payment amount, rounded it up a tenner or so and paid it.

                    HELP ME! I'M MELTING!

                    Any help very much appreciated - as soon as possible!!

                    Cheers in advance folks...

                    Comment


                    • #11
                      Re: MBNA > Arrow Global > Yuill and Kyle

                      Amethyst? Anybody? What am I doing wrong here? Nobody is responding?? Can anyone help PLEASE??

                      Comment


                      • #12
                        Re: MBNA > Arrow Global > Yuill and Kyle

                        Hi, Just PM a nudge - or hit the REPORT triangle if you post gets missed Sorry. am just having a read back now.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: MBNA > Arrow Global > Yuill and Kyle

                          Who are Credit Issues first of all ? Are they a claims management company or the old DCA who owned the debt ? Do you have this 'iredeemable unenforceable' letter ? Only a court can say an agreement is iredeemably unenforceable so that needs looking into and Yes need to see the agreement and terms you have been sent ( MBNA )

                          . I won't qualify for legal aid and a lawyer I spoke to wanted a grand up front in advance. bloody nora !!!!!!!!! that's disgusting

                          I'll move your thread into the court claims forum so it doesn't get missed. edit: DONE and left redirect
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: MBNA > Arrow Global > Yuill and Kyle

                            ... also.... ALSO - in looking thru the list of transactions from the SAR, I saw that a year or two before I stopped paying the card (so, 2008) the card wasn't being used, and I was paying the min payment, plus a teeny wee bit. This changed from 'INTEREST' to two entries of 'FINANCE PAYMENT' - effectively increasing the credit charge by 25% - anybody know what this means?? MBNA hadn't told me about this and I hadn't noticed it - as the card wasn't being used, I just looked at the min payment amount, rounded it up a tenner or so and paid it.

                            Could you scan in the page that states that finance payment on.

                            How much is the claim for ?

                            Have you sent a CCA request since receving the papers ? if not DO send them to Arrow Global asap. I know you sent one a while back but a good idea to send another once you get a claim.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: MBNA > Arrow Global > Yuill and Kyle

                              Urghh this lot ?


                              Can you write-off your debts? Credit Issues seem confused

                              By Nick Sommerlad on February 4, 2010 12:00 AM in Debts and loans

                              An outfit called Credit Issues has been taking upfront fees of £300 a pop from thousands of credit card holders desperate to have their debts written off.
                              But can those debts be written off? One loophole used by borrowers was to demand a copy of the agreement from the lender, and claiming the deal doesn't have to be honoured unless they're given original paperwork.
                              But the High Court has ruled it doesn't have to be an "exact copy" of the original. Card firms can "reconstitute" one from their archives.
                              Credit Issues put its own spin on the ruling. In an email to salesmen beginning "fantastic news", it claimed that unless lenders can produce an "exact copy" the debt is "irredeemably unenforceable" - written off, basically.

                              Not only is this untrue but Credit Issues claimed "we have won our case against the lenders" and asked clients to pay an extra "success fee" of £95 plus VAT.
                              http://blogs.mirror.co.uk/investigat...r-debts-c.html


                              and

                              'HMRC seeks to wind up Credit Issues'. The article can be found at: http://www.mortgagestrategy.co.uk/lo...012789.article
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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