Mbna defence required

[Gullyss]

Hi Dougal


i note you have offered advice previously to problems with MBNA credit card debt

i need to file a defence for a claim brought by Restons Solicitors on behalf of Arrow Global

the he original claim was issued last September and I filed a defence that there was no contract and requested various information from the solicitors - copy of cca, default notice under section 77-79

they have only ever offered a copy an application form and said this also represents a cca

the action was stayed but they have applied to the courts again to re-commence the action

I need to urgently file a defence.

can you offer any advice or pointers

[FlamingParrot]

Re: Mbna defence required

Hi Dougal

i note you have offered advice previously to problems with MBNA credit card debt

You have signed up only today under a new account so it would help if you could point us to the previous thread you had here about this matter.

i need to file a defence for a claim brought by Restons Solicitors on behalf of Arrow Global

the he original claim was issued last September and I filed a defence that there was no contract

No contract? :eek2: It wasn't one of them arguments promoted by the FMOTL movement, was it? :mmph: Could you post up what you filed as your defence? :typing:

When you say "last September", was it a year ago?

and requested various information from the solicitors - copy of cca, default notice under section 77-79

they have only ever offered a copy an application form and said this also represents a cca

Did you send a CCA request to Arrow or just a CPR request to Restons?

Could you post up a redacted version of the application form they've sent you? :typing:

the action was stayed but they have applied to the courts again to re-commence the action

I need to urgently file a defence.

can you offer any advice or pointers

You say you already filed a defence, presumably Restons didn't reply to your defence last year and the case just got stayed. In that case your defence still stands and you'd need permission to amend it or an application to the court, you can't just resubmit your defence.

When did they send you the documents you mention? Was it last year when you asked for them or only recently?

We'd really need a bit more history about this, the particulars of the original claim if you have them or a link to your previous thread for a start. Also:

• When did you take out the card?
• Was it always an MBNA card or something else MBNA bought?
• When did you last make a payment?
• When did you default?
• Did you get a default notice from MBNA at the time? A lot of them were defective

[Gullyss]

Re: Mbna defence required

Hi

thank you for the reply. I have to file a defence by the 17/09/15

the original claim was received in early September 14.

i filed a defence as I did not know who the claim was from
" there is no contract and the claim is without foundation"

i wrote to Arrow Global and to Restons Solicitors for the 17/09/14

requesting the following:

1. Agreement/ contract
2. Default Notice
3. Assignment
4. Formal Demand


1. they have supplied a copy of the original application form and say however this is a dual purpose document ie it acts as the application form and also the credit agreement once signed. This is confirmed in the signatory box whereby it states this is a credit agreement regulated by the consumer credit act 1974. Sign it only if you want to be legally bound by its terms.

2. They also supplied a copy of the terms and conditions which were applicable to the credit agreement at the time it was taken out.

3. a file copy of the notice of assignment served on you by arrow global Guernsey limited on 10 October 2012 following acquisition of the account


i am unsure how to post up a copy of the original application form

I am unsure what the difference between a Cca and cpr


restons replied offering the information 1-3 in a letter . Item number number 3 was never served or received as all the post was sent to an old address by them even they I notified them In writing.


the documents were sent to me last December and they harassed me for a while , I told them they had not provided all the information requested no I did not hear anything until last Tuesday when I received a detailed version of 1-3 in general directions order as they had applied
1.to lift the stay on the order
2. Strike out the defence pursuant to CPR 3.4(2) on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the court process, and asked for judgement to be entered .

the sitting judge has given me until 17/09/15 to file a defence

old information
1. The card was taken out June 1999
2. Was a mbna card
3. I was unaware I had made any payments in the last 5-6 years but they say I made a couple of payments by a debit card in 30/09/11 of £277.00
4. I will have definitely defaulted several years earlier at least
5. I did not receive an default notice as they sent all the information to an old address


i really appreciate all your help in this matter

[Debt Camel]

Re: Mbna defence required

3. I was unaware I had made any payments in the last 5-6 years but they say I made a couple of payments by a debit card in 30/09/11 of £277.00

That is quite a lot of money to forget about. Could you get hold of your bank statement from that date and see if anything show up... or doesn't...

[Gullyss]

Re: Mbna defence required

I checked with the bank whilst no debit card payments for £277.00 came out of cheque account between the period 1st June - 30 Sept 2011 , I cannot be sure if mbna took minimum direct debit payments earlier in the same year despite defaults of payments

[FlamingParrot]

Re: Mbna defence required

thank you for the reply. I have to file a defence by the 17/09/15

the original claim was received in early September 14.

i filed a defence as I did not know who the claim was from
" there is no contract and the claim is without foundation"

So you got permission to amend your defence?

1. they have supplied a copy of the original application form and say however this is a dual purpose document ie it acts as the application form and also the credit agreement once signed. This is confirmed in the signatory box whereby it states this is a credit agreement regulated by the consumer credit act 1974. Sign it only if you want to be legally bound by its terms.

That may be the case but it still needs all the prescribed terms, just because you call it a "credit agreement... :blah:" doesn't mean it's a valid one.

2. They also supplied a copy of the terms and conditions which were applicable to the credit agreement at the time it was taken out.[/QUOTE]
From 1999?

i am unsure how to post up a copy of the original application form

This thread should help: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

I am unsure what the difference between a Cca and cpr

The CCA request is a request under s.78 of the CCA for a copy of your credit agreement which you have the right to request from the creditor at any time even if no claim has been issued. A CPR request is a request for documents mentioned on the particulars of claim under the Civil Procedure Rules, sent to the claimant's solicitors. Sounds like you did send this one.

restons replied offering the information 1-3 in a letter . Item number number 3 was never served or received as all the post was sent to an old address by them even they I notified them In writing.

But you got the letter with items 1 and 2, was the notice of assignment sent in a separate envelope?

the documents were sent to me last December and they harassed me for a while , I told them they had not provided all the information requested no I did not hear anything until last Tuesday when I received a detailed version of 1-3 in general directions order as they had applied
1.to lift the stay on the order
2. Strike out the defence pursuant to CPR 3.4(2) on the basis that it discloses no reasonable grounds for defending the claim and/or is an abuse of the court process, and asked for judgement to be entered .

the sitting judge has given me until 17/09/15 to file a defence

Ah, I see, so you attended a hearing to object to their strike out application. I must say if all you said in your original defence was what you posted above, you were lucky the judge didn't agree to their strike out application.

[FlamingParrot]

Re: Mbna defence required

I checked with the bank whilst no debit card payments for £277.00 came out of cheque account between the period 1st June - 30 Sept 2011 , I cannot be sure if mbna took minimum direct debit payments earlier in the same year despite defaults of payments

When I stopped paying MBNA I cancelled the direct debit, didn't you cancel yours?

old information
1. The card was taken out June 1999
2. Was a mbna card
3. I was unaware I had made any payments in the last 5-6 years but they say I made a couple of payments by a debit card in 30/09/11 of £277.00
4. I will have definitely defaulted several years earlier at least
5. I did not receive an default notice as they sent all the information to an old address

i really appreciate all your help in this matter

A couple of payments of the same amount? Sounds like they were your minimum payments and you did not cancel the direct debit. Have they provided you with any evidence that such payments were made?

[Gullyss]

Re: Mbna defence required

Thank you once again.


the direct debit was cancelled I don't think.

the payment they refer to was a debit card payment which did not come from my current account.

i am still struggling to upload the application form but can email it , I just need some help to get a defence filed today and I really don't know how to do it . If you can advise that would be greatly appreciated