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

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  • #16
    Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

    Originally posted by charitynjw View Post
    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).
    Can you please advice on my last reply. As I need to file defend by Monday.
    Thanks

    Comment

    • #17
      Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

      There is no problem with filing a defence.
      There's a long way to go between now and a hearing date.
      If you would prefer to negotiate, you could do so at the 'mediation' stage of the proceedings.
      If it goes that far.
      Meantime the Claimant now has to jump through hoops to provide you with compliant documentation in order to enforce their claim.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

      • #18
        Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

        Thank you so much.
        So In Defence form , Shall I just defence based on documents or shall I mentioned that I have been paying £1/month and mentioned about various assignment stop me paying after 6 years of effort?
        Shall I also mentioned that I am happy to consider reduce offer or anything?
        Thanks

        Comment

        • #19
          Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

          Originally posted by andy0706 View Post
          Thank you so much.
          So In Defence form , Shall I just defence based on documents
          Probably lack of disclosure them.
           or shall I mentioned that I have been paying £1/month
          Personally I wouldn't if I could avoid it.
          and mentioned about various assignment stop me paying after 6 years of effort?
          Not sure what you mean here.
          Shall I also mentioned that I am happy to consider reduce offer or anything?
          Again, personally I wouldn't at this stage. Leave that for if & when you mediate.
          Thanks
          ####
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          • #20
            Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

            Thanks
            So In Defence form , Shall I just defence based on documents
            Probably lack of disclosure them.

            Shall I fill up based on your defend template or will you able to draft for me.

            Thanks

            Comment

            • #21
              Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

              Have a bash at the example defence, tweak it to suit your particular facts &, if you want, you could post the draft up here for comment.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick
              • 1 thank

              Comment

              • #22
                Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

                Originally posted by charitynjw View Post
                Have a bash at the example defence, tweak it to suit your particular facts &, if you want, you could post the draft up here for comment.
                Please find attached my draft copy of defend.
                Please amend in red or let me know.
                Regards to claim - As, mentioned above and mentioned about various assignment stop me paying after 6 years of effort?
                Not sure what you mean here. - Basically I have been paying £1/month then last year Arrow transferred to Capquest and then I discuss with capquest about my financial information and they asked me to stop £1/month and we will arrange new settlement figure. and After few months Arrow sent me letter saying that they transfer now to to different company etc..

                Please let me know defend at this stage if any changes.

                - - - Updated - - -

                tpCourtdefend.doc
                Please find attached.

                Comment

                • #23
                  Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

                  Hi Admin,
                  Can you please reply to my defend draft copy.
                  I have to submit ASAP.
                  Waiting for reply
                  Thanks in advance.

                  Comment

                  • #24
                    Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

                    Could you explain what you are saying in paragraphs 11 & 12?
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment

                    • #25
                      Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

                      Thanks for your reply.
                      Honestly, I have no idea as I pickup from other forum
                      http://www.legalbeagles.info/forums/...at-to-do/page3

                      As, it looks like claim by Assignment from MBNA to arrow.

                      Feel free to amend your way.

                      Comment

                      • #26
                        Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

                        Originally posted by charitynjw View Post
                        Could you explain what you are saying in paragraphs 11 & 12?
                        Any update?

                        - - - Updated - - -

                        Sorry as I am bit panic now as need to submit before 4pm today.

                        Comment

                        • #27
                          Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

                          Originally posted by charitynjw View Post
                          Could you explain what you are saying in paragraphs 11 & 12?
                          Originally posted by andy0706 View Post
                          Honestly, I have no idea as I pickup from other forum
                          http://www.legalbeagles.info/forums/...at-to-do/page3
                          .
                          I had a feeling that was the case.
                          If you do not understand what you are writing, especially as it's supported by a Statement of Truth, it's not a good idea to put it in front of a judge who might ask you the same question.

                          Probably best to scrub them if you're not sure what they mean or if you're not confident of being able to explain them.

                          The rest seems ok; double-check dates for accuracy.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

                          • #28
                            Re: Court Claim - ARROW GLOBAL / MBNA - 15-5-2017

                            Thank you for help.
                            I removed it and submit now.
                            Will keep you posted.
                            • 1 thank

                            Comment

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