Reston/Arrow/MBNA V 1vinnie.

**R0b** · 12th August 2016, 09:18:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Hi 1vinnie,

Have you tried to obtain a statement from the bank to confirm if a payment was made around that time? Do you recall paying that amount in August? It would sound like Restons are trying it on here as they have said £5 or £10 in August but which is it? Surely they would know this information along with the exact date it was paid, and the bank account details that it was paid from and the bank details it was paid to? Also it would seem very strange if this was the only payment that was made and no payments prior to this date or after shows regular payments - surely something you would have known that you were making?
[MENTION=55034]nemesis45[/MENTION] would know more but if they are in fact trying it on based on a balance of probabilities, I'd be inclined to make a counterclaim for malicious prosecution on the basis that their claims are groundless and fraudulent in that they have stated a payment was made but is unable to be specific about it and produce any evidence as proof (other than perhaps a screenshot they produce which I've seen a few floating around on here).

I can also see that the agreement was 1999 and assigned in 2008, what kind of debt is this, a credit card or loan or something else? The Particulars of Claim are really vague too.

First step is a CCA request, see the green box at the top and suggested that you send a letter with a £1 postal order with it written as "statutory fee only" to prevent them from paying that off the debt and claiming it is no longer statute barred. This is sent to Arrow.

Secondly, a second letter should be sent to Restons with a request for the following information, see the CPR 31.14 request letter in green box at the top:

1. The notice of assignment
2. How much was actually paid as they have said both £5/£10, the exact date the payment was made, the bank details the payment was made from and the bank details that the payment was made to. Also request the evidence in which the payment was made if you haven;t got this already.

**1vinnie** · 12th August 2016, 10:04:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Thank you ROb.
I did not include my life history as i thought it best to keep to the claim.
I was keeping up with all my credit payments. In Jan 2008 my mum got lung cancer and i moved in with her and my dad to help look after her. Sadly she died May 2008 and with looking after my dad and sorting out mums estate/will i lost track of my own finances.
I had no income and fell behind and made token payments to them and MBNA. Later that year me and my dad fell out big time and i left. I kept paying a bit and then most went agencies. 2 years ago i met a lady and we moved into together. Last November her dad got bowel cancer and it makes you think about things and he said i should make contact with my dad and now we have made up but its still a bit sore at times. This is where Arrow comes into it as the letters were going to his house and all my letters/belonings he threw out so i dont have much to work on.
As for the last alledged payment it was "on or arround 25th August 2010 for a credit of £5" , i got my partner to look and ring me back.
The bank i had was IF online bank and i defaulted on that but payed most back and that default is listed as 02/11/2010 so i dont know if i could get any statements from them.
It was a credit card account.
The particulars of the claim are what is written on the form apart from account No.s and date 16/03/2016 default balance £4961.32 and post refrl Cr NIL.
The bit about last payment was a letter from Restons in reply to my "prove-it" letter and it has nothing else on there like what bank account used which i thought i would of got.
Sorry for the long winded post but this has made me a jibbering wreck but thank you for trying to help me out.

**R0b** · 12th August 2016, 10:13:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Sorry to hear about your problems, I don't think you have answered when you last made the payment or when you think your last payment was made. Do you agree that this was on or around 25 August 2010 or did you stop paying before this date? It's still a bit vague from Restons, as they should know what exact date it was paid.

**1vinnie** · 12th August 2016, 15:36:PM

Re: Reston/Arrow/MBNA V 1vinnie.

With all my credit card debts at the time i just payed £1, £2 or a little more a month.
As for MBNA i remember setting up to pay every month but i think, not sure, i stopped paying them April/May time as on my credit report it stated that IF bank has me as missing 3 or more payments for June and the balance was/is the same upto the default date of 02/11/2010.
As for Restons they got involved in March/April this year sending letters to me saying Arrow may take legal action against me if i do not pay all, set up payment plan or over a F & F payment to them. I sent them a prove-letter and the reply was what is in my 2nd post.
I do not think i had any way of paying them in August as my IF bank stopped my account and i had no other credit card to pay anybody and it never came from my new Natwest basic account and i never paid over the counter.
Thank you once again for helping me and if you need anything else from me please ask.

**R0b** · 12th August 2016, 15:58:PM

Re: Reston/Arrow/MBNA V 1vinnie.

Hi Vinnie,

I think the starting point is to follow my second post #2 and send a CCA request and the CPR 31.14 request. You can also send a separate letter to Restons for an extension of time, example template below.

Dear Sirs,

Your Reference:

Lowell Portfolio Ltd v [YOUR NAME]

I am writing with reference to the above matter.

You may be aware that I have acknowledge the claim being brought against me on behalf of your client. Having considered the particulars of claim, you have failed to sufficiently identify how or why I am liable for the alleged sums. In particular:

1. you have not stated who were the original parties to the agreement;
2. the name of the assignor;
3. what specific terms under the agreement have been breached; and
4. you have also suggested that the account is a non-regulated agreement but no evidence i.e. the contract has been provided to verify this.

Given the lack of information, this does not comply with the Civil Procedure Rules in that it does not contain a concise statement of facts in order for me to properly plead a defence. In the circumstances and in accordance with CPR 3.8(4) and the overriding objective, I request confirmation that you consent to an extension of 28 days so as to allow your Client to provide the information above which in turn shall enable me to put forward a defence. May I also remind you that the Courts take a dim view of those who unreasonably withhold consent and in the case of Hallam Estates v Baker [2014] EWCA Civ 661, Lord Justice Jackson emphasised the need for parties to allow an extension of time under the CPR where one was sought. As proceedings have only just commenced, I can see no reason why consent should be refused. Should an extension of time be refused, I reserve the right to draw this letter to the Courts attention as regards to you and/or your Client's conduct when it comes to an assessment of costs.

I look forward to hearing from you soon.

[YOUR NAME]

**1vinnie** · 14th August 2016, 06:32:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Thanks for the reply.
Just to update things.
I thought things could not not get any worse but on Friday evening a work mate and myself were called to see the line manager and told we were both not needed anymore and here is your P45. We had only been there 2 weeks and after were told by other workes that we were just cover.
I had been working since last year with a firm but the laid me off in May because i think i had taken lots of time off to take my partners dad to hospital fro treatment, visits and to look after him.
Getting back to the matter,
I acknoledged the claim form and said i will defend all and left like that and did not do anything else.
CCA request to Arrow
CPR31.14 to Restons
As for postal order i got one yesterday but it was blank and not crossed as the person said do i want a name on it but i said no. Where it say PAY do i put Stat Fee Only and leave like that?
As for the extesion of time to Restons in your last post do i send that at the same time as the other 2 or wait for a reply back?

**1vinnie** · 14th August 2016, 16:40:PM

Re: Reston/Arrow/MBNA V 1vinnie.

Can somebody please delete my post as i have my address in the detail i messed up.

**R0b** · 14th August 2016, 18:58:PM

Re: Reston/Arrow/MBNA V 1vinnie.

Hi Vinnie you can send the request for time enclosed with the CPR 31.14 request. I believe you should mark the "pay" section on the postal order as "statutory fee only" and cross out the rest of the line to prevent further wording or tampering but [MENTION=55034]nemesis45[/MENTION] can confirm this.Then when you are ready enclose the postal order with the CCA request letter make sure the letter states that its a request under the CCA.Send the letters recorded delivery preferably or if not recorded then take to post office and request proof of postage receipts.

**1vinnie** · 14th August 2016, 19:02:PM

Re: Reston/Arrow/MBNA V 1vinnie.

I posted earlier but made a mistake with the copy of the claim form still having my name and address showing.
I have been reading some threads on here about showing the claim form so people can look at it and have a better idea of the Paticulars as ROb thought mine was a bit weird.

Attached Files

myclaim.jpg (76.6 KB, 1 view)

**R0b** · 15th August 2016, 06:34:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Hi Vinnie, first steps will be to get the letters off including the extension of time letter. They will have 12 working days from receipt to produce the CCA agreement or it becomes unenforceable until one has been provided. It is also important for Restons to confirm the bank account number and sort code of both banks so you can verify whether or not it had been paid.

In the meantime the defence can start being drafted based on what we know already - do not rush and submit a defence early because if you do and something comes up it will cost you to amend it. So take a look at the green box at the top of this site and check out the defences, start drafting one and post up then we can tweak it as we go along.

**nemesis45** · 15th August 2016, 08:03:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Originally posted by R0b View Post

Hi Vinnie you can send the request for time enclosed with the CPR 31.14 request. I believe you should mark the "pay" section on the postal order as "statutory fee only" and cross out the rest of the line to prevent further wording or tampering but @nemesis45 can confirm this.Then when you are ready enclose the postal order with the CCA request letter make sure the letter states that its a request under the CCA.Send the letters recorded delivery preferably or if not recorded then take to post office and request proof of postage receipts.

Yes [MENTION=71570]R0b[/MENTION] it's is certainly worth while marking the PO in this way given the manner in which some debt purchasers and solicitors are treating CCA requests.

nem

**1vinnie** · 15th August 2016, 08:49:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Thank you bothe for the replies.
I am doing the letters now and have a question about the CPR 31.14 request. It says about a date i need to file my defence on. What date will i have to put in the letter as the claim date is 09/08/2016 and i filled in th MCOL on 13/08/2016.

**nemesis45** · 15th August 2016, 08:51:AM

Re: Reston/Arrow/MBNA V 1vinnie.

Originally posted by 1vinnie View Post

Thank you bothe for the replies.
I am doing the letters now and have a question about the CPR 31.14 request. It says about a date i need to file my defence on. What date will i have to put in the letter as the claim date is 09/08/2016 and i filled in th MCOL on 13/08/2016.

Leave it out.

nem

**1vinnie** · 15th August 2016, 09:30:AM

Re: Reston/Arrow/MBNA V 1vinnie.

I just need to make sure of a few things before i print off and send letters.
CCA to Arrow with PO with stat fee only on it. I put 16 digit account number as ref as thats what the particulars a/c says.
The CPR31.14 request to Restons with contract and assignment documents. Also a copy of the CCA request i sent to Arrow.Also in with that letter is a letter asking for an extension of time as mentioned by ROb.
Do i also sign all the letters and can/do i put a box round the signature to stop the photocopying my sig or is that going overboard.
Thank once again for your great advice and help.

Reston/Arrow/MBNA V 1vinnie.