Court Claim - ARROW GLOBAL / MBNA - 25-9-2014

[Mark1162]

Received a claim? Yes
Issue Date: 25-9-2014
Amount approx: £5000
Claimant: ARROW GOOBAL
Solicitor: REASTORS
Original Credit: MBNA

Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and MBNA
Dated on or about 05/07/2005

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
Got a letter back from Restons Solicitors

we acknowledge receipt of CPR 31.14
we would point out that the claim was issued via the county court business centre
which is a procedure specifically provided for in CPR .
This procedure only allows a claimant to insert brief details of a claim and does not allow for the attachment of any enclosures .
paragraph 5.2a of practice direction 7e specifically states "the requirement in paragraph 7.3 of practice direction 16 for documents to be attached to the particulars of contract claims does not apply stated using an online form, unless the particulars of claim are served separately in a accordance with 5.2 of this practice direction

we would also remind you that CPR 31.14 states
a part may inspect a document mention in
(a) a statement of case
(b) a witness statement
(c)a witness summary or
(d) an affidavit

you would have been provided with a copy of t&c at the time the account was opened and hence we see no reason why you now requested an additional copy.

furthermore, the documents you have requested are not "mentioned" in the particulars of claim and therefore CPR31.14(1) DOES NOT APPLY

[Amethyst]

Re: Court Claim - ARROW GLOBAL / MBNA - 25-9-2014

''Particulars of Claim:
The Claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and MBNA
Dated on or about 05/07/2005'

If that's the entire particulars then the only documents you can have requested under CPR 31.14 is the 'contract'

They have to supply that anyway under the CCA so as you have acknowledged and sent the letters all you have to do is wait for your credit agreement to arrive (or not as the case maybe) and submit your defence to the court.

Keep an eye on the timescales and make sure you come back with as much info as poss a week before your defence is due in

For reference there is an example of a defence in the library.

Are there any particular issues surrounding the debt ?