Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

[DICK WHITT]

Received a claim? Yes
Issue Date: 11-7-2017
Amount approx: 7500
Claimant: ARROW GLOBAL
Solicitor: SHOOSMITH
Original Credit: MBNA

Particulars of Claim:


Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:

[DICK WHITT]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

[QUOTE=DICK WHITT;742097]Received a claim? Yes
Issue Date: 11-7-2017
Amount approx: 7500
Claimant: ARROW GLOBAL
Solicitor: SHOOSMITH
Original Credit: MBNA

Particulars of Claim:
1. the claimants claim is for the sum of £7136.64 being monies due from the defendant and MBNA and assigned to the claimant on 19.11.11 notice of which has been provided to the defendant.
2. the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974.
3. The claimant claims the sum of £7136.64.
4. Chas complied, as far as is necessary with the pre-action conduct practice direction.


Stat Barred? Yes

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info

After sending the two letters, one to Shoosmith recorded on 14/07 has not as yet rec'd a reply. The second to Arrow has been replied to stating
" We thank you for your letter dated and acknowledge your request for documentation pursuant to the CCA 1974.
We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course,
We confirm that all collection activity will be suspended pending provision of the documents.
We hereby return your fee of £1."
I know that this does not mean that the court case has been put on hold and I have not sent a Sar letter do I now ask for an extension to both solicitor and Global or do I put in my defence in that the have not supplied the documents requested also unsure as in that they are not the creditor do they have the right to take the case to court? thanks

[MIKE770]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

no suspension in place as court proceedure action taken,

[charitynjw]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

" We thank you for your letter dated and acknowledge your request for documentation pursuant to the CCA 1974.
We do not accept that we are the creditor as envisaged by the above statute......."

http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

1. Where, however, there is a legal assignment the debtor's liability will be owed to the assignee and it is the assignee who will have to perform the statutory duties relating to enforcement. This is not because he becomes under a contractual obligation to perform those duties, but rather because he cannot assert his rights under the regulated credit agreement without accepting the statutory obligation to perform duties under the 1974 Act relating to enforcement of those rights.
2. The legal assignee stands in the shoes of the assignor. The enforcement of the assignor's rights under the regulated credit agreement was subject to performance of the statutory duties laid down in the 1974 Act, and the legal assignee's rights are similarly so subject.

[warwick65]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

Is this MBNA one that was assigned from. Mbna to Brittanic and then to AG.

I think they will have a tough time proving assignment and also providing the agreement.

When was the card taken out?

Arguments are a bit technical though.
[MENTION=87380]Diana M[/MENTION]

[DICK WHITT]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

Hi Thanks for that As I understand then Arrow are required to provide the documents requested. If that being so is the date that they take assignment of the debt the date that this can be used for SB as this was later. I have checked my records and the last time that I made a payment or acknowledged the debt was in feb 2011 however the default notice as far as my credit check is concerned was not until oct 2011 it is difficult to check accurately as there are details from MBNA who in oct 2011 marked the account as satisfied and closed then I have an account for Arrow that's for the same amount showing up as always being in default I will see what happens tomorrow re post from solicitor Shoosmith but if I cant get the documents what are my options.

[DICK WHITT]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

Hi was this meant for me.

I am having trouble with all the technical bits however the card was taken out in 2006 tia

[warwick65]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

Mbna had a habit of defaulting late just prior to sale.

[Diana M]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

but if I cant get the documents what are my options.

That's an easy question to answer

If the Claimant doesn't produce the documents they need to prove their case then they can't enforce the claim in court.

However they may disclose them further down the line so send that SAR to MBNA pronto which will provide all the information held on their files.

If the Claimant produces documents which are not in your SAR or reconstituted documents containing information which conflicts with the information in your SAR, then that begs the question where did they get the information from and whether it is 'honest and accurate'.

My firm likes to get on with things. Unless the Claimant asks for an extension to a filing date we don't generally request one from them. The more time you give them then the more time they have to come up with things.

Di

[DICK WHITT]

Re: Court Claim - ARROW GLOBAL / MBNA - 11-7-2017

Thanks for that I have downloaded the SAR template and its on its way recorded of course. Now to start drafting my defence if I post the draft on here will someone check it for me. I don't want to send until last minute as still waiting for a response from the solicitor re CCA they recd and signed on 17th july how long should they take to reply?
thanks