Arrow Global Limited V Montesoro

[Amethyst]

Re: Arrow Global Limited V Montesoro

Yip. Drydens seem to have made a mistake - used an old template or something - that though is not your fault - if you didn't have LB to refer to - you wouldn't have known and you always send documents to the addresses given on the court forms. If they have got it wrong and need to amend that is down to them.

When you sent the CPR letter to Drydens did you include the part for their information about having sent your CCA request to the claimant ?

[Montesoro]

Re: Arrow Global Limited V Montesoro

When you sent the CPR letter to Drydens did you include the part for their information about having sent your CCA request to the claimant ?

Yes I did, and included a copy of the CCA letter with the CPR letter. I have now received the CCA letter that was returned to sender as "refused" so wil keep hold of that.



The CPR letter has been responded to (see attached). I assume I can disregard it as it doesn't really say anything, and draft my defence to be submitted on the 7th?

[Montesoro]

Re: Arrow Global Limited V Montesoro

I would appreciate it if someone could have a look at my defence and offer any pointers, I'm due to submit it on Friday morning:

1: I received the claim XXXXXXX from the Northampton County Court on 10^th June 2017.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.
[Original Creditor /Claimant] for provision of credit
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Britannica Recoveries S.O.r.l to Arrow Global Limited. The Defendant does not recall receiving notice of this assignment.

7. It is denied that MBNA served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 16^th June I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of theAgreement, Default Notice and Notice of Assignment.

9. Drydens Limited has not sent any of these documents to me.

10. On the 16^th JuneI sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. This request was sent by recorded post, and was refused by the claimant.

11. On the 24^th June I sent a further formal request (by first class post) for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....



Re: number 1 do I put the date I actually received the claim or the issue date?

I am also thinking that I should mention something about it being statute barred, as it is a possibility. So should I add this, and if so where:

The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

Thanks in advance!

[warwick65]

Re: Arrow Global Limited V Montesoro

Hi

You need to add in there something along the lines of

the claimant is put to strict proof there were legal assignments between MBNA and Brittanica and Brittanica and Arrow Global . It is requested the claimant produce the deed of assignments

If you haven;t asked for the Deeds in your CPR 31.14 request i would be sending a part 18 request to dryden asking for sight of each deed to prove the validity of ownership
[MENTION=5553]charitynjw[/MENTION]

[warwick65]

Re: Arrow Global Limited V Montesoro

Has anything come back from your SAR?

[Montesoro]

Re: Arrow Global Limited V Montesoro

I asked for the following in my CPR request:

1. Agreement
   
2. Default Notice
   
3. Notice of Assignment
   
4. Deed of Assignment

the claimant is put to strict proof there were legal assignments between MBNA and Brittanica and Brittanica and Arrow Global . It is requested the claimant produce the deed of assignments

Should I put that in after number 7?

- - - Updated - - -

Has anything come back from your SAR?

Just a letter to say that it may take up to 40 days

[charitynjw]

Re: Arrow Global Limited V Montesoro

For now, all you can do really is defend on the basis of the Claimant's lack of disclosure.
&, bearing in mind the torturous route that this agreement has traveled before ending up in AG's grubby little mitts, they may have a problem getting enough info together for a reconstructed version of the agreement, let alone an actual copy of the original.
Time will tell.

[Montesoro]

Re: Arrow Global Limited V Montesoro

For now, all you can do really is defend on the basis of the Claimant's lack of disclosure.
&, bearing in mind the torturous route that this agreement has traveled before ending up in AG's grubby little mitts, they may have a problem getting enough info together for a reconstructed version of the agreement, let alone an actual copy of the original.
Time will tell.

Thanks, so just to confirm... leave out the statue barred part, and add in this:

the claimant is put to strict proof there were legal assignments between MBNA and Brittanica and Brittanica and Arrow Global . It is requested the claimant produce the deed of assignments

Yes?

As always, your help is much appreciated

[warwick65]

Re: Arrow Global Limited V Montesoro

Just one last question. When was the account actually opened?

[Montesoro]

Re: Arrow Global Limited V Montesoro

Just one last question. When was the account actually opened?

I am not exactly sure to be honest, it is not on my credit report on any site. It would have been opened between 2008-2010 though

[charitynjw]

Re: Arrow Global Limited V Montesoro

If you're not sure whether this is SB, it's probably best to include it in the defence.
If it's not, there'd be no harm done, but if it is (or possibly is) you have it covered, & it's up to the Claimant (in the first instance) to disprove the assertion.

[Montesoro]

Re: Arrow Global Limited V Montesoro

Well, my defence has now been submitted so let's see what happens.

[Montesoro]

Re: Arrow Global Limited V Montesoro

Apart from the letter from the court acknowledging receipt of my defence, I hadn't received anything until today when I received this seemingly pointless and slightly confusing letter from the solicitors.

Does this mean anything? Are they up to something?!

[warwick65]

Re: Arrow Global Limited V Montesoro

Interesting
[MENTION=87380]Diana M[/MENTION]

Does AG Guernsey mean anything?

AG Guernsey do not have a consumer credit licence and I think shouldn't be collecting regulated debts

[Diana M]

Re: Arrow Global Limited V Montesoro

Interesting
@Diana M

Does AG Guernsey mean anything?

Yes/possibly/maybe

Di