Court Claim - Arrow Global Guernsey Ltd / MBNA - 30-11-2015

**Ripper** · 28th December 2015, 17:21:PM

Arrow Global Guernsey Ltd v Ripper

On 4th December 2015, I received a County Court Claim from Northampton with the following details:

Issue Date: 30th November 2015

Claimant: Arrow Global Guernsey Ltd

Particulars of Claim:

1. The claim is for the sum of £13,000.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number xxxx 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 a sale agreement between MBNA and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

This debt is for a credit card in my name which I had in 2006 (possibly earlier, I don't have the original agreement). My wife and I were forced to liquidate a company in 2008 which wiped out our savings and our income fell to the point where we were unable to pay our debts. We were advised by the Consumer Credit Counselling Service (now StepChange) to go bankrupt with unsecured debts of approximately £170,000. We chose, instead to advise all our creditors of our financial situation and pay each creditor (15 in total) a nominal payment of £1 per month. We thought that we could return to our high earning watermark and pay-off all the creditors but we have struggled to manage ever since.

On 19th August 2008, MBNA wrote to me stating that my account had been sold to Equidebt Ltd-Equ.

On 7th October 2008, Arrow Global LLC wrote to me stating that MBNA had assigned my account to them and that Wescot Credit Services would be managing the account. They also included a Default Notice. I didn't spot the difference between the assignments at the time and I continued to pay £1 per month to Wescot.

On 8th December 2011, Wescot wrote to me stating that they were no longer managing the account and to stop making payments to them. I stopped payments and waited for Equidebt or Arrow Global LLC to contact me.

On 9th May and 23rd May 2012, ARC (Europe) Ltd wrote to me stating that they were acting for Arrow Global Guernsey Ltd (not Arrow Global LLC) and that my account was unpaid and that I should contact them. I was suspicious of these letters because I knew my debt was owned by Equidebt or Arrow Global LLC so I wrote to ARC (Europe) making them aware that I was expecting communication from Arrow Global LLC to validate their assertions (I was taking the opportunity to stop paying because I suspected that Arrow Global LLC had not acted correctly here). I have never received a notice of assignment from Equidebt or Arrow Global LLC or Arrow Global Guernsey Ltd so I haven't responded to any letters since.

My acknowledgement of service was completed online on 18th December 2015.

I have written to Arrow Global Guernsey Ltd using the template for a CCA Request. The letter was received on 22nd December 2015.

I have written to Drydens Ltd using the template for a CPR 31.14 Request which was received on 23rd December 2015.

I am planning to use the template for a Defence Example to complete the online defence on 30th December 2015.

Any advice would be appreciated. I have read other posts in the forum and I am minded to ask if it makes any difference to my defence that the claim is over £10,000?

Thank you, in advance.

Ripper

**Amethyst** · 15th February 2016, 16:18:PM

Re: Arrow Global Guernsey Ltd v Ripper

Hi Ripper, I'm so sorry no one has answered your post - I'm just having a read - but maybe you could give us a little summary where things are up to being as it's been a couple of months since you first posted ( you must have got buried in the New Years rush!) My apologies !!! Sharon xxx

**Amethyst** · 15th February 2016, 16:29:PM

Re: Arrow Global Guernsey Ltd v Ripper

Okay. It sounds like MBNA may have cocked up on the assignment. Equidebt had some difficulties and went into administration in 2013, though that shouldn't have affected your account. Certainly sounds like the copies of default notice and of assignment notices will be interesting in this case. Have you heard from the claimant since filing your defence ?

So last aknowledgment & payment was in May 2012 ?? and the claim was dated 30th Nov 2015 - so not likely to be statute barred.

How much over £10k is the claim for ?

How are the rest of your debts ? Do you own your home? ( just basics so we know what your overall situation is)

**Ripper** · 15th February 2016, 18:29:PM

Re: Arrow Global Guernsey Ltd v Ripper

Thank you for responding, I thought I'd made a mistake.

The Court acknowledged my defence on 31st December 2015. It said that the claimant must contact the Court within 28 days or the case will be stayed.

Arrow Global Guernsey responded to the CCA request on 5th January 2016 stating that they "do not accept that we are the creditor as envisaged by" the Consumer Credit Act 1974. They go on to say that "we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and revert in due course." They have also returned my postal order for £1???

Drydens Ltd responded on 12th January 2016 acknowledging the CPR 31.14 Request. They have placed the account on hold while they contact their client with details of the request.

The amount claimed is just over £13000 (Don't want to quote the exact figure in case they monitor forums). We don't own our home and we pay £1 per month each to 15 creditors for £170K debts. With hindsight, we wish we had gone bankrupt in 2008 but we couldn't raise the money and have struggled ever since.

I read the forums and followed your advice to others regarding acknowledgement and defence. I think that I have enough evidence to prove that the assignment has gone wrong in this case. Any advice given is appreciated.

Ripper

**Joanna C** · 16th February 2016, 23:49:PM

Re: Court Claim - Arrow Global Guernsey Ltd / MBNA - 30-11-2015

Arrow Global are the creditor for the purposes of the Act. If the relevant statutory notices have not been complied with then they cannot enforce the debt which is problematic for them as they are the claimant.

I would suggest you consider giving the claimant a deadline of say 14 days to comply with the CPR 31.14 request or you will issue an application for disclosure and seek payment of costs for issuing. If they then fail to comply with that order you can then apply for an unless order under which the claim is struck out if they haven't complied.

However you need to check that the documents you are requesting are 'mentioned' in the claim form not just referred to (weird I know but it is a favourite ploy used by the claimant). If they are not you could lose the application which has cost consequences so you need to check.

**mystery1** · 17th February 2016, 00:12:AM

Re: Court Claim - Arrow Global Guernsey Ltd / MBNA - 30-11-2015

Originally posted by josie8 View Post

Arrow Global are the creditor for the purposes of the Act. If the relevant statutory notices have not been complied with then they cannot enforce the debt which is problematic for them as they are the claimant.

I would suggest you consider giving the claimant a deadline of say 14 days to comply with the CPR 31.14 request or you will issue an application for disclosure and seek payment of costs for issuing. If they then fail to comply with that order you can then apply for an unless order under which the claim is struck out if they haven't complied.

However you need to check that the documents you are requesting are 'mentioned' in the claim form not just referred to (weird I know but it is a favourite ploy used by the claimant). If they are not you could lose the application which has cost consequences so you need to check.

If they fail to state the statement of case adequately that is also an issue for the claimant so they too have to be careful what they say as admitting they have no cause of action pleaded (default notice fore example) or just generally crap pleadings is not bright although against LIPs i guess they'd get away with that most times.

M1

**Joanna C** · 17th February 2016, 00:20:AM

Re: Court Claim - Arrow Global Guernsey Ltd / MBNA - 30-11-2015

Originally posted by mystery1 View Post

If they fail to state the statement of case adequately that is also an issue for the claimant so they too have to be careful what they say as admitting they have no cause of action pleaded (default notice fore example) or just generally crap pleadings is not bright although against LIPs i guess they'd get away with that most times.

M1

Regrettably it is often the case that LIPs face an uphill battle in the county courts even when they have really good defence!

**mystery1** · 17th February 2016, 00:38:AM

Re: Court Claim - Arrow Global Guernsey Ltd / MBNA - 30-11-2015

Originally posted by josie8 View Post

Regrettably it is often the case that LIPs face an uphill battle in the county courts even when they have really good defence!

Indeed although it does depend on the type of case too. Debtors are seen as scum. Even some big wins have an underlying tone to them.

M1

**Joanna C** · 17th February 2016, 00:41:AM

Re: Court Claim - Arrow Global Guernsey Ltd / MBNA - 30-11-2015

Agreed sadly.

**Amethyst** · 17th February 2016, 09:09:AM

Re: Arrow Global Guernsey Ltd v Ripper

Could you possibly post up a copy of your defence you submitted ( minus personal details). As you are likely to be allocated to the fast-track there is the option, as Josie8 says, of submitting an application to enforce compliance with your CPR 31.14 request.

Just checking on the particulars of claim, you can legitimately ask them for the bold underlined bits as they are specific documents mentioned.

1. The claim is for the sum of £13,000.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number xxxx 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 a sale agreement between MBNA and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

An unless order application isn't without its risks, particularly in fast track (costs wise) however could bring the claim to a much faster conclusion if the court agrees and orders compliance with the request and they are unable to provide the documents. It would put the ball back in your court timescale wise and prevent the claimant keeping the case on hold indefinately.

If you want to have a read of the example http://www.legalbeagles.info/forums/...order-at-court to give you an idea of what it is all about. First step would be to write to the claimants and give them a 14 day warning of your intention.

Court Claim - Arrow Global Guernsey Ltd / MBNA - 30-11-2015