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Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

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  • Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

    Received a claim? Yes
    Issue Date: 24-11-2014
    Amount approx: Between 5-10,000
    Claimant: Arrow Global Guernsey
    Solicitor: Restons
    Original Credit: MBNA

    Particulars of Claim:
    The Claimant claims payment on the overdue balance due from the Defendant(s) under a contract between the Defendants and MBNA dated on or about Oct xx 2000 and assigned to the Claimant on Nov 29 2012 in the sum of (amount between £5,000-9,999)

    Stat Barred? No

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

    Other Info:
    N244 application made to provide documents or strike out. This went to hearing and magnified copy of Signature Form was provided with Notice of Assignment within timescale. I now have until 6 May to file defence.

    The claim does not refer to a default notice and they declined to provide a copy on those grounds. I do have the original as sent to me. The dates are marginal - 7 July with remedy by 24 July. However, the amount is for the full amount, not the arrears (about 3 months worth). I wrote to MBNA at the time pointing out this error (Yes, I know that gave them the opportunity to raise a new one but that didn't happen).

    In addition, I complained to MBNA at the time about the number of calls I was receiving.

    I also wrote to MBNA in 2009 with a CCA request but only received an illegible form (the same one as sent by Restons). I'm trying to track down my letter complaining that it was illegible, but I recall them saying effectively it was the best they could do.

    Before all of that, I had sent MBNA with an Income/Expenditure statement and an offer of reduced payments which they rejected.
    Tags: None

  • #2
    Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

    Hi Welcome to LB,

    What type of account was this Loan/credit card?
    The DN appears to be faulty.
    Is the alleged CCA complete? Was it said to be a "reconstituted" copy?
    Were the T's & C's with the CCA?
    Can we see this CCA please?

    it now becomes difficult to defend the claim as you have made an offer of payment.
    You have the faulty DN in your possession that seems to be all really.

    Comment


    • #3
      Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

      Thanks for reply and welcome.

      It was for a credit card, signature form dated in 2000, MBNA were never able to send me a legible copy of the signature form.

      Will post the signature form, T&Cs and DN later today when I get to a scanner. I believe the T&Cs are from the same time as the signature form.

      Sorry, should have been clear, the I&E statement and offer of reduced payments were back in 2008 when the account was still active before I'd even made a CCA request. It was sent on the advice of CCCS before I found forums like this.

      The stream of calls from Aegis came in January 2009 when MBNA were well aware of my financial position, until I complained of harassment.

      In addition, I sent complaint letters about the agreement and default notice that went unanswered.

      Presumably my defence needs to refer to the DN and illegible signature form supplied at the time of my original CCA request.

      How much (or how little) detail do I need to include in my initial defence submission to the court? Is there a link to a similar defence on the forum please?

      Comment


      • #4
        Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

        Hi, It's important that your initial defence has enough " power" to preclude the
        claimant from apply for it to be struck out as having no merit.
        Ok when was the last financial transaction on the account or written acknowledgment made.
        Does this account appear on credit reference files? It's worth checking, Experian (Credit Expert) and Equifax
        have 30 day free trials and Noddle (Call Credit) is free online.
        These letters of complaint, do you still have copies? This could be important if the last payment and or acknowledgment was in2008 the debt could be statute barred already, the content of your complaints could decide this.

        nem

        Comment


        • #5
          Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

          Unfortunately I don't think I can claim statute barred. My last payment was in April 2009 and this action started in Nov 2014.

          It's on CRA files - and the default date is 30 June 2009. After the defective default notice I sent a full and final offer on 15 July in an attempt to close the matter.

          There is another twist though. The DN refers to a clause 8f but the T&Cs sent by Restons under the court order show no 8f. In fact Clause 8 refers only to debits and credits.

          Since the account was assigned in 2012 I have not received any annual statements from Arrow Global. Is that a strict requirement or will they just claim that it's not since the debt is no longer under a CCA agreement?

          Doc scans shortly.

          Comment


          • #6
            Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

            Default notice and signature form
            Attached Files

            Comment


            • #7
              Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

              T&Cs as supplied by Restons in response to court order. Look forward to comments on these and docs posted before, Thanks
              Attached Files

              Comment


              • #8
                Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                The complaints I sent to MBNA were never resolved. They sent holding letters but the dispute regarding the CCA and DN were still outstanding in March 2010. Their last letter to me on the matter was in early December 2009 apologising for the delay and saying they would respond within another 28 days. That never came. Equally, they never sent me a letter to say their complaints process had been exhausted (ie to refer to Ombudsman).
                Last edited by BlueBox; 3rd May 2015, 20:01:PM.

                Comment


                • #9
                  Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                  Certainly a faulty DN I can't find 8f in the T's & C's.
                  nem

                  Comment


                  • #10
                    Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                    Defence needs to be in by Wed 6 May. Any suggestions for how to present the issue of the defective DN please?

                    Comment


                    • #11
                      Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                      Originally posted by BlueBox View Post
                      Defence needs to be in by Wed 6 May. Any suggestions for how to present the issue of the defective DN please?
                      Present it simply and concisely.

                      1.The Defendant avers that the default notice issued by the original creditor is faulty.
                      1.(a) list faults each one in this format.

                      nem

                      Comment


                      • #12
                        Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                        Thanks. That's pretty well where I've got to,

                        Should I mention any cases eg Harrison vs Link Financial at this stage (happily the number of days on my DN corresponds with that one). Don't think a DJ can argue with that. I'd was only thinking of putting references, not the all the text.

                        In addition I've realised looking through old file that they never sent the full T&Cs with the s78 response (although the signature form was illegible anyway).

                        One aspect I'm not 100% on is the amount on the DN. I've understood that initially it should be just the arrears followed by enforcement for the full amount if not remedied. What part of the Act says that it can't be the full amount? It seems there can be a difference between HP and card agreements regarding the full amount due. Are there any rulings on this?

                        Also, I saw a mention of a pt2537 case of Arrow vs O'Connor - can anyone tell me what that case relied on please?

                        Comment


                        • #13
                          Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                          Allocation Hearing tomorrow (Thursday). Should I have received a questionnaire from the court?

                          There's a possibility of it going to Fast Track if the judge deems the issues too involved for Small Claims. Presumably I should aim to keep it within Small Claims to keep it simple? I read the procedure rules for Fast Track can be a headache for LiP.

                          Any answers on previous post please?

                          Comment


                          • #14
                            Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                            It's going to mediation now with a stay of 2 months.

                            Does anyone have an opinion please on whether
                            - they have opted for that as they didn't think they would win or
                            - they want to say 'welll we tried mediation but the defendant was unhelpful and now we're back to court'
                            - or some other reason why they would go along with mediation?

                            Thanks

                            Comment


                            • #15
                              Re: Court Claim - Arrow Global Guernsey / MBNA - 24-11-2014

                              The defence certainly wasn't rejected. The DJ actually gave me some helpful advice on a couple of areas that would need a bit more meat if it went on to Small Claims proper.

                              Comment

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