County court claim - mbna/arrow/restons

[Diana M]

Re: County court claim - mbna/arrow/restons

Hi, just checking in.

I see my latest post has been read numerous times but no responses as yet. As mentioned, any guidance would be very much appreciated.

Tagging @Amethyst @Debt Camel@pt2537 @Celestine @Kati

I can see that I ( @Diana M ) working for Joanna Connolly Solicitors wasn’t tagged on your thread.

Would you like my/our input on the forum?

Just ask if you do.

Di

[Shiv]

Re: County court claim - mbna/arrow/restons

Hi Di, I would so very much appreciate your advice if you wouldn’t mind.

Thank you so much for your response.

Shiv

[Diana M]

Re: County court claim - mbna/arrow/restons

Hi Di, I would so very much appreciate your advice if you wouldn’t mind.

Thank you so much for your response.

Shiv

Okay so my first question has to be who is named as the Claimant on the Claim Form?

Is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

It matters.

Di

[Shiv]

Re: County court claim - mbna/arrow/restons

Okay so my first question has to be who is named as the Claimant on the Claim Form?

Is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

It matters.

Di

Hi Di

Thank you for getting back to me. It’s Arrow Global (Guernsey) Ltd.

Shiv

[Diana M]

Re: County court claim - mbna/arrow/restons

I contacted MBNA as soon as I was unable to make any payments in 2004 and spoke to them about the insurance that I had taken out with my Credit Card to cover such eventualities. The insurance did eventually pay out and cover the original debt, but because they didn't freeze the interest and charges (as they were obligated to) it left me with more than £2,000 debt which has increased with further charges. I did have to speak to them several times before they agreed they would not pursue the debt but they have since sold it to Arrow

. . . . I did send a CPR 31.14 on the 20th September to the Solicitor and a CCA request to Arrow.

I received a response from the Solicitor over the weekend which has asked for medical evidence that I was ill and diagnosed with an illness in 2004. I can provide this information to them. However, I really need some professional advice to ensure I'm doing the right thing.

What was the gist of your Defence which appears to have been filed on the same day/date as you sent your s 77-79 CCA Request and your CPR 31.14 Request?

Did you only plead Statute Barred and perhaps mentioned your medical history and PPI claim or did you raise any other legal arguments?

The claim is currently stayed from what you've said. Your medical history will not be a Defence to the claim but the circumstances surrounding the PPI claim may be.

You say the PPI insurance cleared the balance owed at the time so why/when were additional charges added?

I think you should send a Subject Access Request to MBNA to get the full history of this account to discover what went wrong with that PPI claim (if something didn't happen which should have happened).

Restons have asked you to confirm your medical history but I don't know why they want that so before sending them anything let's see what your legal position is first.

Arrow Global (Guernsey) Ltd is unlicensed

Di

[Shiv]

Re: County court claim - mbna/arrow/restons

What was the gist of your Defence which appears to have been filed on the same day/date as you sent your s 77-79 CCA Request and your CPR 31.14 Request?

Did you only plead Statute Barred and perhaps mentioned your medical history and PPI claim or did you raise any other legal arguments?

The claim is currently stayed from what you've said. Your medical history will not be a Defence to the claim but the circumstances surrounding the PPI claim may be.

You say the PPI insurance cleared the balance owed at the time so why/when were additional charges added?

I think you should send a Subject Access Request to MBNA to get the full history of this account to discover what went wrong with that PPI claim (if something didn't happen which should have happened).

Restons have asked you to confirm your medical history but I don't know why they want that so before sending them anything let's see what your legal position is first.

Arrow Global (Guernsey) Ltd is unlicensed

Di

I submitted my defence on 20th Sept. I included that I believed it to be statute barred and information about the PPI. As soon as I had to give up my job due to my health, I submitted a PPI claim to MBNA. They should have frozen the account (as per their terms and conditions) but they continued to add interest and charges, I made the PPI claim in August 2004 and it didn't come through until March 2005. I have raised this with Restons in my defence and letter to them. As I didn't return to work after 12 months they should have clearered the balance (charges and all) (as per their terms and conditions) but they didn't. They only paid £536 towards the debt. I have to be honest at the time this was all happening I was in a very bad position with long-stays in hospital and heavily medicated and didn't have anyone to help me with it all to keep track of it.

So, best course of action right now is to do the Subject Access Request to get full information on the insurance from MBNA. Should I write to Restons and advise that I'm doing this?

In the letter theat they sent responding to my defence Restons said that their client takes my ill-health very seriously and requested that I forward documentation to them. This would be kept on my file and if deemed necessary informed to their client. I sent a Drs letter through but they have not referenced this at all.

Is it a good thing that they are unlicensed?

Thanks so much for the advice Di.

[Diana M]

Re: County court claim - mbna/arrow/restons

I submitted my defence on 20th Sept. I included that I believed it to be statute barred and information about the PPI.

. . . . So, best course of action right now is to do the Subject Access Request to get full information on the insurance from MBNA. Should I write to Restons and advise that I'm doing this?

Okay so you've not pleaded non compliance with s 77-79 CCA Request which means at some point you may need to file an Amended Defence. There are other legal arguments that you may be able to plead as well.

What documents did you ask Restons to produce in your CPR 31.14 Request? The Default Notice, the Notice (and Deed) of Assignment, the agreement? Was their response that they don't have to provide them etc etc?

Have you been receiving annual Notice of Sums in Arrears (s 86)?

Can you remember how you opened the MBNA credit card? Was it in response to an Invitation/Pre-Approved letter, or maybe signed up in a shopping mall or car park etc?

Sorry for all the questions (I did warn you ) but the whole background to the account will help to form your Defence.

I'm not ignoring your health issues although I see from what you say Restons have only filed away your doctor's letter without even making their client (the Claimant) aware of it.

Send the SAR to MBNA but don't tell Restons you've done that because it's none of their business. What you want to avoid is them becoming aware of you obtaining information which they've not got (and don't have access to) which they need so they try to ask the court to force you to disclose it.

Di

[Diana M]

Re: County court claim - mbna/arrow/restons

Is it a good thing that they are unlicensed?

Not for them it isn't

Di

[Shiv]

Re: County court claim - mbna/arrow/restons

Okay so you've not pleaded non compliance with s 77-79 CCA Request which means at some point you may need to file an Amended Defence. There are other legal arguments that you may be able to plead as well.

What documents did you ask Restons to produce in your CPR 31.14 Request? The Default Notice, the Notice (and Deed) of Assignment, the agreement? Was their response that they don't have to provide them etc etc?

Have you been receiving annual Notice of Sums in Arrears (s 86)?

Can you remember how you opened the MBNA credit card? Was it in response to an Invitation/Pre-Approved letter, or maybe signed up in a shopping mall or car park etc?

Sorry for all the questions (I did warn you ) but the whole background to the account will help to form your Defence.

I'm not ignoring your health issues although I see from what you say Restons have only filed away your doctor's letter without even making their client (the Claimant) aware of it.

Send the SAR to MBNA but don't tell Restons you've done that because it's none of their business. What you want to avoid is them becoming aware of you obtaining information which they've not got (and don't have access to) which they need so they try to ask the court to force you to disclose it.

Di

No, I haven't pleaded non-compliance with the s77-79 CCA request.

I asked them to produce: Agreement/contract, default notice, assignment and formal demand.

Restons responded 7 days later and said that I could only inspect the things mentioned in the CPR31.14 but that they had voluntarily requested the documentation from the Client. Eventually, I received a copy of the agreement and the originators statement on 31st October.

I haven't always received annual notices but have started to in the last couple of years. I ignored these as I thought it was statute barred.

The credit card was an AOL MBNA card which I was offered as an AOL customer. I used to have my internet through them.

Thank you again, Di. I'll send the request to MBNA but won't let Restons know.

Also, to keep you informed, I received a letter from Restons on 25th October which said Client is mindful of obligations under Civil Procedure Ruls 1998 and put forward a settlement letter of £2,799.27. I did not respond to this letter.

Shiv

[Diana M]

Re: County court claim - mbna/arrow/restons

I have now received a letter from Arrow 6 weeks later dated the 31st October.

The letter encloses a photocopy of my signature from the initial credit card application dated 6th March 2003, a copy of the T&C’s and a statement of transactions which also show the payments I made for the Payment Protection Cover.

. . . . With the above in mind, and taking in to consideration the claimant did not comply with the 2 week time frame to provide this documentation in my CCA request, what would you advise are my next steps?

They don't have to comply within two weeks, they just have to comply before they can enforce the debt in court.

They've sent you 'something' but that doesn't necessarily mean what they've sent you is compliant even if it looks like it to the untrained eye. You need to run forensics over those documents.

Was there a covering letter from Arrow and did it mention if any of the documents were reconstituted?

It's what they've not sent you that matters too. No Default Notice and no Notice of Assignment?

Di

[Shiv]

Re: County court claim - mbna/arrow/restons

They don't have to comply within two weeks, they just have to comply before they can enforce the debt in court.

They've sent you 'something' but that doesn't necessarily mean what they've sent you is compliant even if it looks like it to the untrained eye. You need to run forensics over those documents.

Was there a covering letter from Arrow and did it mention if any of the documents were reconstituted?

It's what they've not sent you that matters too. No Default Notice and no Notice of Assignment?

Di

There was a covering letter. They listed: 1, A copy of the agreement. 2, A copy of the originators statements.

They explain that Office of Fair Trading deems reconsituted agreements acceptable for situations where an original copy is unobtainable. They also mention a December 2009 High Court ruling.

There was no default notice but they confirmed in bullet points that: the account had defaulted, the amount of £3732.34 outstanding and that I maybe liable for more interest and costs.

Hope that explains it clearly.

I really appreciate the help.

[Shiv]

Re: County court claim - mbna/arrow/restons

They don't have to comply within two weeks, they just have to comply before they can enforce the debt in court.

They've sent you 'something' but that doesn't necessarily mean what they've sent you is compliant even if it looks like it to the untrained eye. You need to run forensics over those documents.

Was there a covering letter from Arrow and did it mention if any of the documents were reconstituted?

It's what they've not sent you that matters too. No Default Notice and no Notice of Assignment?

Di

Hi Diana

I have submitted my subject access request to MBNA but have not heard anything yet. I note that they have 40 days to respond.

In the meantime I have received a letter from Restons this morning with the credit agreement, application and terms and conditions.

They say that they want to give me the opportunity to withdraw my defence before they apply to list the stay. They’ve sent a N9A form and have asked me to respond within 14 days.

They have also asked if I can propose a reasonable settlement.

Should I send a response to Restons?

Would appreciate any advice you can give.

Thank you

[Shiv]

Re: County court claim - mbna/arrow/restons

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

Are you able to offer any advice on this matter please

Many thanks
Siobhan

[MIKE770]

Re: County court claim - mbna/arrow/restons

@Diana M

[Diana M]

Re: County court claim - mbna/arrow/restons

I have submitted my subject access request to MBNA but have not heard anything yet. I note that they have 40 days to respond.

In the meantime I have received a letter from Restons this morning with the credit agreement, application and terms and conditions.

They say that they want to give me the opportunity to withdraw my defence before they apply to list the stay. They’ve sent a N9A form and have asked me to respond within 14 days.

They have also asked if I can propose a reasonable settlement.

Should I send a response to Restons?

That depends on a number of things.

You need to ask someone to look at the documents they've produced to see if they comply with your s 77-79 CCA Request (you say you've not pleaded non-compliance in your Defence).

Does the letter say they intend to apply to lift the stay or does it say that they intend to apply to lift the stay and make an Application for a Summary Judgment?

Chase MBNA for your SAR if it's been more than 40 days since they received it.

Di