Court Claim - Arrow Global / MBNA - 4-2-2016

**Joanna C** · 17th February 2016, 00:30:AM

Re: Court Claim - Arrow Global / MBNA - 4-2-2016

The claimant has to prove as an assignee that they have a legal right to sue for the debt (that the assignment is valid) , that both the original creditor (MBNA) and it have complied with all their statutory duties under the CCA 1974 including the S.78 CCA request. Unfortunately the agreement is post April 2007 so the s.127(3) unenforceabilty is not applicable here.

You just need to put the claimant to proof of the above when you draft your defence.

And yes if the Notice of Assignment is incorrect/different to the particulars of claim then the claimant does have a problem.

**obiwan** · 19th February 2016, 11:10:AM

Re: Court Claim - Arrow Global / MBNA - 4-2-2016

Thanks lot Josie8

**obiwan** · 3rd March 2016, 01:07:AM

Re: Court Claim - Arrow Global / MBNA - 4-2-2016

Hi people, and [MENTION=7765]josie8[/MENTION]

A little urgent help needed here. Current situation update:

Claim form was dated 4^th February 2016
I acknowledged on time.
Requested the CPR31 and CCA letters on the 19^th – A bit late cos I lost track of the time line.
I haven’t heard from Arrow Global and the deadline has passed for the CCA request (however, about 2 years ago, I made this request to them, and got some online agreement. Does this matter?)

Now my issue is:
For the CPR31 request, the 12 working day deadline is on the same 8^th of March, which is the deadline for submitting my defense. I figure after the morning mail delivery, if I don’t hear anything, I’ll update my defense on the website. Is it safe for me to do this so late?

**charitynjw** · 3rd March 2016, 07:18:AM

Re: Court Claim - Arrow Global / MBNA - 4-2-2016

Re the CPR request

It is fairly standard to request a reply within 7 days, though this is not writ in stone.

The most important thing is to conform to the court's schedule; imho, put in a defense based on lack of disclosure.

**obiwan** · 4th March 2016, 05:32:AM

Re: Court Claim - Arrow Global / MBNA - 4-2-2016

Hello guys, based on the claim here:

“The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and MBNA dated on or about Aug 16 2007 and assigned to the Claimant on Apr 20 2012”

This is what I’ve been able to write up for my defence. Any help looking over this for me will be greatly appreciated.

IN THE COUNTY COURT BUSINESS CENTRE
Case No
(NAME) - Claimant
Vs
(NAME) – Defendant

Defence
I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions, and show how the Defendant has entered into a contract.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £6,788.97. ( or £7,298.97 including court fees and legal representative’s costs) ??

III. Show how and when the contract was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

IV. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:

a) A copy of the Default Notice and Certified Copies of how this was served upon the Defendant.

b) As claimant has stated the debt was assigned to the claimant on 20/04/2012, a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and/or Deed of Tripartite Novation.

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.

d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was served upon the Defendant.

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on 20/04/2012.

V. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

VI. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?

I request under Civil Procedure Rule 39A (3.3) any documents upon which the claimant intends to rely are brought to any subsequent hearing for examination.

I have requested further information under Civil Procedure Rule 18 but, to date, have not received an adequate response.

Statement of Truth

I believe the facts stated in this defence are true.

March 4, 2016

Court Claim - Arrow Global / MBNA - 4-2-2016