Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

[nexatron]

Received a claim? Yes
Issue Date: 4-2-2015
Amount approx: £4600
Claimant: Arrow Global Guernsey Ltd
Solicitor: Blake Lapthorn
Original Credit: Virgin MBNA

Particulars of Claim:
The Claimant's claim is for the sum of GBP 4611.92 being monies due from the Defendant to the Claimant under a regulated agreement between the Defendant and MBNA and assigned to the Claimant. Notice of the assignment has been provided to the Defendant. The Defendant has failed to make payment in accordance with the terms of the agreementand a default notice has been served pursuant to the Consumer Credit Act 1974. AND the Claimant claims the sum of GBP 4611.92 TOGETHER with the costs of this claim. 3rd February 2015

Stat Barred? No

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

Other Info:
Here we go again...

[nexatron]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

Prior to the above court claim being issued and my formal CCA and CPR 31.14 requests being made on 10/02/15, Blake Lapthorn furnished me with the following documentation (enc):

1. Copy of the original agreement
2. Copy of reconstituted terms and conditions
3. Copy of the reconstituted agreement

I’m still waiting for responses to these requests, but I’d be interested to know if the documentation already sent, which they possess, constitutes an enforceable agreement. Crucially the reconstituted agreement is a CURRENT agreement and contains e.g. interest rates and terms that I was not a signatory to in the original agreement. Surely they can’t just cobble these things together retrospectively because they’re missing the original documentation and expect this to be enforceable?

A penny for your thoughts dear maestro.

[nemesis45]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

Hi,
looking through the documents it appears that there is one set of T's & C's i.e. those at inception of the agreement, but non for those at closure of the account.
If this is the case the recon does not comply.

I'm sure others will take a look at this during the evening.

nem

[nexatron]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

OK, cheers for that nem. I've just received identical documentation from Arrow to that posted above, but have received nothing from the CPR request from BL and their time is up. Time to begin thinking about formulating La Defense me thinks. Any suggestions on amendments to the example defence given here gratefully received? http://www.legalbeagles.info/forums/...t-Court-Claims:beagle:

[nemesis45]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

Do a draft defence using Amethyst's template and post here and you will get advice on any changes/additions needed.

nem

[nexatron]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

Ok peeps, here's my draft defence for your perusal. I would be grateful if you could suggest any amendments / additions etc. Cheers!:tinysmile_twink_t2:

[nexatron]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

OK, just made a few grammatical adjustments. I would be most grateful if anyone could inform me if the attached defence is good to go as time is of the essence. Thank you. :doggieyes:

[nexatron]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

Maybe I should've gone VIP.

[nemesis45]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

Sorry I can't open your attachment.

nem

[nexatron]

Re: Court Claim - Arrow Global Guernsey Ltd / Virgin MBNA - 4-2-2015

Curious. It's uploaded as a Word 97-2003 doc so almost any version of Word should be able to open it. Nevermind, there's also a pdf version. Cheers.:tinysmile_twink_t2: