Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

[Alan78]

I took MBNA card in around 2005-06 & had debt of £3375. Due to the financial difficulty, I stopped paying them in 2009 & default was applied in my account on 10^th of January 2010 (as per Experian).

Few years ago, MBNA sold my account to Arrow Global (Drydens Limited on their behalf). All of a sudden just as I was hoping to clear my default from Experian credit file next month (6 year since default applied), received a claim form from Arrow Global.

I am bit nervous to say the least & do not know how to go about dealing with this Claim Form!

Issue date on the county court claim form is 30^th of November 2015.

waiting for your help & guidance!

[nemesis45]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Good afternoon welcome to LB,

Could you please post a suitably redacted copy of
the claim form (N1) so we can see the detail.

The first thing to do is acknowledge service of the claim,
do this a Money Claim on Line (MCOL) and state intention
to defend.

Then a request to AG for a copy of the agreement relevant to
the alleged debt.(CCA Request)
There is a £1 statutory fee to pay use a Postal Order endorsed
" For Statutory Fee Only" ( Template in the forum library)
AG has 12 + 2 Working Days to comply.
Is there a solicitor involved with this?

nem

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,
Thank you for your quick response, really appreciate it! Here is the claim form N1

Claimant
Arrow Global Gurnsey Limited
20-22 Bedford Row
London WC1R 4JS

Address for sending Documents:
Drydens Limited
Shire House, BD1 5HQ

Particulars of claim:
1. The claim is for the £3,630.25 is respect of monies owed by defendant on a credit agreement held by the defendant with MBNA under account number 5407...... upon which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with.
3. By virtue of sale agreement between MBNA and the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.
contact drydensfairfax solicitors on 0113 823 3850
---------------------------------------------------------------------

So I will acknowledge service of claim on moneyclaim.gov?

Thanks
Alan

[nemesis45]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,
Thank you for your quick response, really appreciate it! Here is the claim form N1

Claimant
Arrow Global Gurnsey Limited
20-22 Bedford Row
London WC1R 4JS

Address for sending Documents:
Drydens Limited
Shire House, BD1 5HQ

Particulars of claim:
1. The claim is for the £3,630.25 is respect of monies owed by defendant on a credit agreement held by the defendant with MBNA under account number 5407...... upon which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with.
3. By virtue of sale agreement between MBNA and the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.
contact drydensfairfax solicitors on 0113 823 3850
---------------------------------------------------------------------

So I will acknowledge service of claim on moneyclaim.gov?

Thanks
Alan

Hi Alan yes acknowledge asap and state you are defending in full.
Send the CCA Request direct to Arrow.

You also need to send a Request under Civil Procedure Rule 31 .14 (CPR31.14)
to Drydens ( No fee) the is for production of all/any of the documents mentioned
in the particulars of the claim in this claim: The Credit Agreement. The Default Notice. and The Notice of Assignment.
Nothing else can be requested. ( personally though I would request the " sales agreement between Arrow and AG " as well.

nem

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

Is there a sample letter that I can use for requesting CCA & other documents?

Cheers,

Alan

[Amethyst]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Links to CCA and CPR on this post http://www.legalbeagles.info/forums/...it-Court-Claim

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi,
While filling out the defence, came a across this page! Do I say anything on this page or just skip it?

Please complete all fields marked *

Please state your defence in a maximum of 122 lines in the box below.*

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

It does not let you skip unless you write the defence!

[Amethyst]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

You shouldn't have reached that page, are you just acknowledging the claim ? what box did you tick on the previous page? screenshot would be goo di you are able ( ctrl, prt scrn the ctrl v in paint or something)

Should be 'Intend to defend all of the claim' (or similar they keep changing the wording)

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

I ticked on 'Defend all of the claim' then it took me to defence page where that box appeared. Out of all the choices listed, choose 'Defence' as it did mention may choose either acknowledgement, defence or accept! Immediately after below pages comes that Defence page box!



lease note that a defended claim will be transferred to an appropriate county court to proceed.
Each step is completed by clicking 'Next' at the bottom of the page, which automatically confirms and saves the information you have entered. Any error messages displayed at the top of a page must be corrected before moving on to the next step.
Before you can file a defence to the claim against you, you must make sure the following apply in your case:
you are filing your defence within 14 days of service of the claim on you (a claim is considered served on the fifth day after it is issued)

or
where separate detailed particulars of claim were served, within 14 days of service of those

or
if you filed an acknowledgement of service, within 28 days of service of the claim (or separate particulars)

You don't have to pay a fee to defend a claim. However, you will have to pay a fee if you decide to make a counterclaim against the claimant. If you file a defence electronically through MCOL, do not send a copy by post.
If you experience any difficulties, contact the help desk:

Email: mcol@hmcts.gsi.gov.uk
Telephone: 0300 123 1057

[Amethyst]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Chose Acknowledgement instead.

If it's not working then do it on paper from your claim pack ( I'd say ring MCOL but they are utter crap at answering their phones)

Don't enter anything in the Defence box as you need the responses from the CCA request ( or lack of response) first.

[nemesis45]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Problems in the office today MCOL needs an overhaul urgently.

nem

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem, Good Morning!

Yesterday afternoon, I sent two letters (Recorded first class). One of the letters to Arrow Global requesting CCA (also attached £1 postal order)
second one to Drydens Limited with below details:
With reference to the above agreement, Under Civil Procedure Rule 31 .14 (CPR31.14) I would be grateful if you would send us a copy of following as a matter of urgency:

1. Copy of the Credit Agreement
2. The Default Notice
3. The notice of assignment
4. Sale assignment between Arrow Global & MBNA
   
   We look forward to receiving above documents within specified timeframe as set out in the civil procedure rule.

This Morning, I filed Acknowledgment of Service via government's MoneyClaim website.


How do I go about from here on? should I wait for 12 working days to receive CCA from AG & other documents from their agent Drydens?


Thank you ever so much for your guidance & help.


Alan

[Alan78]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

Hope you are well!

Its been 12 days since I sent letters to Arrow Global & their solicitor however nothing has been received to date! Should I wait for them or chase them via phone call!

I did acknowledged the claim online on the 3rd so do I have till end of the month to respond? Just getting bit nervous so waiting for your guidance.

Many Thanks,

Alan

Hi Nem, Good Morning!

Yesterday afternoon, I sent two letters (Recorded first class). One of the letters to Arrow Global requesting CCA (also attached £1 postal order)
second one to Drydens Limited with below details:
With reference to the above agreement, Under Civil Procedure Rule 31 .14 (CPR31.14) I would be grateful if you would send us a copy of following as a matter of urgency:

1. Copy of the Credit Agreement
2. The Default Notice
3. The notice of assignment
4. Sale assignment between Arrow Global & MBNA
   
   We look forward to receiving above documents within specified timeframe as set out in the civil procedure rule.

This Morning, I filed Acknowledgment of Service via government's MoneyClaim website.


How do I go about from here on? should I wait for 12 working days to receive CCA from AG & other documents from their agent Drydens?


Thank you ever so much for your guidance & help.


Alan

[nemesis45]

Re: Court Claim from Arrow Global - Very Old CC Debt - URGENT HELP NEEDED PLEASE

Hi Nem,

Hope you are well!

Its been 12 days since I sent letters to Arrow Global & their solicitor however nothing has been received to date! Should I wait for them or chase them via phone call!

I did acknowledged the claim online on the 3rd so do I have till end of the month to respond? Just getting bit nervous so waiting for your guidance.

Many Thanks,

Alan

Good morning Alan.

Don't phone!!

Do not chase the CCA request non compliance renders the debt unenforceable until the agreement is produced.
Chase the CPR stating that the rule still applies and the claim has not yet been allocated to the SCT.

nem