Arrow Global/ MBNA Court hearing - WON !!!!!!

[roygoodbeat]

Hi

Need some advice. I have a claim to be heard in court on the 6th September. I have submitted a defense and a witness statement but have not gone into specifics on either. Only that I have never received an application form to my subject access request and credit agreement request. I have stated that I have never received all the t and c's for this. I have also stated that I believe the default notice to be faulty. I have attached both. I feel that I have a strong case for this and have attached the relevant documents. Can anyone point me in the direction or advise me what case histories/ acts I can use to defend these. This was taken out in 2003.

1) Application form which they are claiming is the credit agreement. I have only received an mbna reconstructed t & c's. Not the original creditors. Am I also right in saying in the Wakesman case, it was stated that all the t & c's should be supplied if they have been altered. Also if this is meant to be the argeement, this does not comply with the consumer credit act.

i663.photobucket.com/albums/uu351/roygoodbeat/MBNABOSCCFORM.jpg



2) Default notice. MBNA who took the account over issued a default notice after 6 months for the full amount. The issue date was the 9th October, to be paid for in full by 26th October

[Celestine]

Re: Arrow Global/ MBNA Court hearing

That agreement/application copy is certainly NOT enough to enforce this agreement, courtesy of s.78 CCA 1974. When you say you got MBNA terms, I'm not sure what you mean, perhaps scan and show us?

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Scanners playing up. I received t & c's from mins but the original t & c 's would have been bank of Scotland and I have never received these.

[roygoodbeat]

Re: Arrow Global/ MBNA Court hearing

Here is the default notice.

[PlanB]

Re: Arrow Global/ MBNA Court hearing

Here is the default notice.

I don't think the creditor can use a DN to claim the whole balance outstanding on your account, they can only ask for the contractual arrears. The idea of a DN is to give you the opportunity to remedy the situation by a specific date and then your account will carry on business as usual; only if you fail to pay the arrears can they terminate the account and ask for the whole balance.
However they refer to clause 8f in your credit agreement which says MBNA can do things differently :confused2: Have you been sent a copy of your credit agreement which includes clause 8f? If so post it up so we can see that clause 8f too

[PlanB]

Re: Arrow Global/ MBNA Court hearing

I have submitted a defense and a witness statement but have not gone into specifics on either. Only that I have never received an application form to my subject access request and credit agreement request. I have stated that I have never received all the t and c's for this. I have also stated that I believe the default notice to be faulty. I have attached both. I feel that I have a strong case for this and have attached the relevant documents. Can anyone point me in the direction or advise me what case histories/ acts I can use to defend these. This was taken out in 2003.

1) Application form which they are claiming is the credit agreement.

i663.photobucket.com/albums/uu351/roygoodbeat/MBNABOSCCFORM.jpg

I can't see any prescribed terms on that Bank of Scotland application form. And you say you've not been sent any BOS Ts & Cs which must have been there at the time you signed in order for it to be a properly executed credit agreement.

Golly I've just noticed that your hearing is on Friday :scared: I'm guessing you're now preparing your Skeleton argument which needs to be full of case law and has to be filed by Tuesday?

Who are the solicitors acting for Arrow? Are you intending to represent yourself in court as a LIP? Have you considered whether a lawyer could try to get this discontinued if your case is strong enough (and it looks as if it might be). Send PT2537 a PM with a link to this thread and ask him what he thinks :wink: The downside of being a LIP is that DJs tend to favour the creditor wherever they can The best way round that is to bombard them with case law so they can't ignore your legal arguments :argue:

[PlanB]

Re: Arrow Global/ MBNA Court hearing

Me again

Is this thread the background to your case?

http://www.legalbeagles.info/forums/...ded&highlight=

If it is then you say you've only submitted an embarrassed defence. Sorry it seems your thread fizzled out without you getting the necessary help at the time when you needed it :sorry:

[PlanB]

Re: Arrow Global/ MBNA Court hearing

Here is the default notice.

In your other thread you made the point that the MBNA account was unlawfully terminated (bad DN) so they can only claim the arrears owed at the time and not the whole outstanding amount as per the POC. Did you refer to that in your Defence submitted to the court?

[charitynjw]

Re: Arrow Global/ MBNA Court hearing

Could you post up the Arrow Global letter if possible?

[PlanB]

Re: Arrow Global/ MBNA Court hearing

Could you post up the Arrow Global letter if possible?

Which letter would that be :confused2:

[charitynjw]

Re: Arrow Global/ MBNA Court hearing

Which letter would that be :confused2:

Assumption, I know, but wouldn't GA & their solicitors have the courtesy of informing OP of the latest intended court action?

[PlanB]

Re: Arrow Global/ MBNA Court hearing

wouldn't GA & their solicitors have the courtesy of informing OP of the latest intended court action?

The hearing is on Friday :eek2:

The court action started in October 2012 hence the last minute need for case law :nerd:

Or am I being daft here?

[charitynjw]

Re: Arrow Global/ MBNA Court hearing

The hearing is on Friday :eek2:

The court action started in October 2012 hence the last minute need for case law :nerd:

Or am I being daft here?

One does not necessarily preclude the other!

[PlanB]

Re: Arrow Global/ MBNA Court hearing

One does not necessarily preclude the other!

I have absolutely no idea what you're talking about msl:

[charitynjw]

Re: Arrow Global/ MBNA Court hearing

I have absolutely no idea what you're talking about msl:

Incoming PM