Me vs ArrowGlobal - MBNA debt

[samseed]

Hi guys,

I need some help/advice & i need it rather urgently.

Bit of a back story here regarding solicitor but i'll not get into it as it is irrelevant at this point

I'm currently resident in Scotland

In December of 2014 i received a summons to attend an ordinary court (I live in Scotland). This was issued by Shoosmiths on behalf of arrow global regarding a sum of £7500

Last payment I made to the account was in Dec 2010
MBNA put it into default in April 2011
It was then sold to Arrow Global - not sure of the date

Having tried unsuccessfully to come to an arrangement with MBNA regarding the debt I refused to speak to any DCAs and I still have
When I received the summons I sent a CCA request to Shoosmiths requesting the original agreement. It arrived some 11 weeks later ( I just received a copy of this agreement this morning from my solicitor) and essentially it seems to be a copy of the application form that was filled out in an airport.

Problem is I am due in court on Tuesday 10/03/16 to defend this case

My question is...this surely can't be acceptable as an agreement can it..?

The agreement they have forwarded to me is only two pages long and with the exception of my personal details the vast majority of it is illegible. Also the front page with the signature on it has no details stating terms and conditions, APR, Credit limit that type of thing. Also I was under the impression that an agreement should contain details on how to end it / cancel it or as it was signed in an airport it should mention a cool off period...

I'm not even sure if that second page is a true copy of the original agreement. It just seems to be stuck on there

Anybody any thoughts on this - it seems that shoosmiths want some sort of debate on the matter but as I see it this agreement they have provided me (as it stands) is next to useless.

all opinions are welcome

[samseed]

Re: Me vs ArrowGlobal - MBNA debt

Oh...gonna look now at how to upload the agreement they provided me with - i have edited out anything personel

[samseed]

Re: Me vs ArrowGlobal - MBNA debt

https://drive.google.com/file/d/0B6a...ew?usp=sharing

link to agreement PDF - for some reason there are an extra two pages - the agreement provided is on pages 2 & 3

thanks

[samseed]

Re: Me vs ArrowGlobal - MBNA debt

At present my arguments for court on Tuesday are as follows:

• I am entitled to a legible true copy of my CCA as per the credit consumer act - this is not legible and i do not believe it to be true
• It does not meet the criteria of an agreement as per the credit consumer act 1974 in that:
  • it does not contain the provisions to cancel said agreement
  • the signed front page page does not contain any terms and conditions including APR
  • as the second page is unsigned I would require the original copy to be presented to prove these were the terms and conditions I agreed to

Also...I cant quite make it out, but on the first page it asks me to refer to section 11 before signing to read some terms and conditions but section 11 on the second page is just some blurb about hiking up interest rates - i really need a better quality copy!

Does anyone notice anything that this is specifically missing..?
Thanks in advance

[pt2537]

Re: Me vs ArrowGlobal - MBNA debt

At present my arguments for court on Tuesday are as follows:

• I am entitled to a legible true copy of my CCA as per the credit consumer act - this is not legible and i do not believe it to be true
• It does not meet the criteria of an agreement as per the credit consumer act 1974 in that:
  • it does not contain the provisions to cancel said agreement
  • the signed front page page does not contain any terms and conditions including APR
  • as the second page is unsigned I would require the original copy to be presented to prove these were the terms and conditions I agreed to
  
  

Also...I cant quite make it out, but on the first page it asks me to refer to section 11 before signing to read some terms and conditions but section 11 on the second page is just some blurb about hiking up interest rates - i really need a better quality copy!

Does anyone notice anything that this is specifically missing..?
Thanks in advance

If you cant read it, how can you say if it is or is not a true copy?

be careful you dont sink yourself with your own arguments

[samseed]

Re: Me vs ArrowGlobal - MBNA debt

Quite correct - I have my doubts based on that section 11 comment but perhaps I should put that to one side for now as it might muddie the water for me

[Nibbler]

Re: Me vs ArrowGlobal - MBNA debt

So you were handed that at the airport and never had sight of the reverse of the form let alone the T&Cs that were not on that front page?

[samseed]

Re: Me vs ArrowGlobal - MBNA debt

So you were handed that at the airport and never had sight of the reverse of the form let alone the T&Cs that were not on that front page?

Not only that - i wasn't even given a copy of that sheet!

I was 21yrs old at an airport on my own (for prob the first time ever) and a cute girl starts flirting with me to apply for this card. She didn't explain a thing to me about it - we just chatted about going out, bar life, where was i going that type of thing. I was naive, this is my first time seeing this form again since. I remember only filling it in because she was cute - i even gave them some wrong information on the form (tel number) and left out bank stuff...I couldn't believe it when it landed in the post!
live and learn huh

although something about this stinks - it can't be a properly executed agreement as it stands there can it..?

[Nibbler]

Re: Me vs ArrowGlobal - MBNA debt

That a not an unfamiliar story I'm afraid. MBNA were notorious for that sort of thing.

Others are more expert on the CCA issue, and may be able to put their finger on relevant similar cases.

[samseed]

Re: Me vs ArrowGlobal - MBNA debt

I was advised to read the following case as it had certain similarities to mine..

http://www.bailii.org/ew/cases/Misc/2012/19.html

I was also advised that pt2537 who replied above may have worked on a case similar to this

I'm wary of reading a case and fooling myself into a "well that sounds similar to mine and they won" type scenario. I'm really just looking to see where this particular agreement they have provided me with falls over. I mean the whole thing looks suspect to me but then I have no experience in these matters and don't know exactly where this falls over for either party...

Again all help is very much appreciated!!

[mystery1]

Re: Me vs ArrowGlobal - MBNA debt

What type of hearing is it ? (options, debate, proof, pba, etc)

Do you have a copy of the condescendence ?

M1

[samseed]

Re: Me vs ArrowGlobal - MBNA debt

Its an options hearing - sorry i don't have a copy of the condescendence as the solicitor who lodged my defence took my sole copy. this solicitor is not representing me at this hearing, I shall be representing myself at it - and then take it forward from there.

Thanks

*****************apologies - i stand corrected it is an ordinary cause - i am resident in Scotland***************

[Nibbler]

Re: Me vs ArrowGlobal - MBNA debt

I'm wary of reading a case and fooling myself into a "well that sounds similar to mine and they won" type scenario.

That is wise, as is often repeated, each case turns on it's own merits. Other cases are illustrative, rather than to be relied on.

[mystery1]

Re: Me vs ArrowGlobal - MBNA debt

http://www.lemac.co.uk/resources/pub...f_Court.htm#05

You need the "Record" although not especially for an options hearing which is essentially only case management.

M1

[pt2537]

Re: Me vs ArrowGlobal - MBNA debt

I was advised to read the following case as it had certain similarities to mine..

http://www.bailii.org/ew/cases/Misc/2012/19.html

I was also advised that pt2537 who replied above may have worked on a case similar to this

I'm wary of reading a case and fooling myself into a "well that sounds similar to mine and they won" type scenario. I'm really just looking to see where this particular agreement they have provided me with falls over. I mean the whole thing looks suspect to me but then I have no experience in these matters and don't know exactly where this falls over for either party...

Again all help is very much appreciated!!

Haha, yes, i advised Roland, i drafted his documents, infact i managed his case from start to finish