Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

[andy0706]

Received a claim? Yes
Issue Date: 15-5-2017
Amount approx: 3878.10
Claimant: ARROW GLOBAL
Solicitor: RESTON
Original Credit: MBNA

Particulars of Claim:
MBNA claim fron Nov 19 2005 and assigned to claimant Nov 29 2012

Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:

[charitynjw]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Ok.

The 33 days allowed from claim issue date is up on Sat 17th June, so Monday 19th 4pm latest to file your defence.

Those PoC are a bit spartan.
Is that all they say?
If not, could you post up the full monty? (Personal info removed).
Also, have you sent any requests for info to anyone (SAR? CCA? CPR 31.14? etc) 7, if so, to whom?

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

I have not sent any request to anyone.
POC: The claimant claims payment of the overdue balance due from Defendant under a contract between the Defendant and MBNA dated on or about Nov 19 2005 and assigned the claimant on nov 29 2012. They mentioned MBNA card number and Date 29-03-2017 Item Default balance Value 3613.10

[charitynjw]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Ok

Fire off a CCA request & a CPR 31.14 request pdq
Also a SAR to MBNA.
See the details in the green box, top of the thread.
The defence can be tweaked to suit.
Get proof of posting for the requests.

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Thanks. Do i need to put £1 postal order.
I will prepare today and send out to them.
What Shall I do with defend ?
As per my original conversation with MBNA i have arranged £1/ monthly payment from 2011 to June 2016. Then Arrow hire various company and each time I have been contacting them and giving my financial situation. But when they allocate to reston .. they gave this notice in 1 month without any prior notice.

[charitynjw]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

£1 p.o. (endorsed 'For statutory purposes only') with the CCA request to the Claimant.
A copy of the CCA request, for info only, enclosed with the CPR request (no fee with this one).
£10 p.o. with the SAR

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Thank you so much!!
What shall I do with defend or partial?
What to write on defend??
Thanks

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Hi,
Thanks for your advice earlier.
Can you please let me know is that better to defend in my case or Accept the payment and ask them to pay £1 or £2 monthly .
I was also thinking that my card was original 2005 and then from 2011 to 2016 I almost pay every month to Virgin by direct debit.
Does not my creditcard payment is status as barred? I am so much confused and scared of all this . Please advice best way to go forward.
Thanks

[charitynjw]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

You've stated that you have already acknowledged.
What did you tick re defending? In full? In part?
Did you put any dialogue in the 'defence' box?

& could you clarify your payments made to Virgin? You state that payments were made to Virgin up until 2016. MBNA & Virgin did have some dealings a few years ago.
But according to the PoC which you posted, Arrow bought the debt in 2012?

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Thanks.During acknowledge I have put full defend.
I have not done any defend yet.
I have been paying to MBNA £1 every month from 2011 to 2016.
Looks like Arrow has purchased in 2012 but then they pass it to so various subagents and I spoke to them during that period.
My main concern is if I agree to pay and arrange monthly payment does court issue CCJ ? Or If I defend and loose the case then court issue CCJ?
I have already waited 7 years for my credit to improve and now I dont want another 6 years to go.

Please advice.
Thanks

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

You've stated that you have already acknowledged.
What did you tick re defending? In full? In part?
Did you put any dialogue in the 'defence' box?

& could you clarify your payments made to Virgin? You state that payments were made to Virgin up until 2016. MBNA & Virgin did have some dealings a few years ago.
But according to the PoC which you posted, Arrow bought the debt in 2012?

Please can you respond to my queries?
Thanks

[charitynjw]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

When the alleged debt was bought by Arrow, you should have been informed of the assignment by Arrow, or by MBNA, or sometimes both.
This is a requirement for legal assignment. (Law of Property Act 1925 s136).
MBNA would have (or should have) terminated your account prior to the sale in 2012.
So it sort of begs the question 'where have your £1 payments been going to?'

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Thanks so what is solution to avoid CCJ.As my credit report will b normal in few months time after 6 years.
I have been paying to MBNA directly
I dont want just for this I have CCJ for another 6 years.
Please advice

[charitynjw]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

As previously stated, send the CCA, CPR 31.14 & SAR letters.
All the examples & details can be found at the top of this thread.
There is also a defence example which can be altered to suit.
Instead of saying "I sent (XX) letter....no reply" you could change that to "awaiting a reply" (or words to that effect).
Credit cards are via s78 CCA, so you can scrub references to s77. (Read the letters, it will become clearer then).

[andy0706]

Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

Thanks. But what will be your suggestion.
To Avoid CCJ what is best option? Defend or agree to cost and offer some monthly payment as I am really nervous and I dont want CCJ to go on my file for 6 years as almost waited 6 years to improve my credit.

I have sent those letters already.

Thanks