Letter before Action

[thisthat]

Hi,

I would be very grateful for advice on the following.

Received a claim? Yes - Letter of Claim
Issue Date: 23/05/22
Have you Acknowledged the Claim?: I don't know. I last paid 2020 so I have acknowledged it in last 6 years?
Total Amount Claimed : £1800
Claimant’s Name: Arrow Global Guernsey
Solicitors Firm: Drydensfairfax
Original Creditor: MBNA
Original Debt : Credit card taken out 2004
Particulars of Claim: see attached
Is the debt Statute Barred: No.
List any letters you have sent (eg: CCA/ CPR ): I asked Arrow for the CCA in 2020. Last year Drydensfairfax (1st contact from them) asked me to make a payment plan with them but I advised them I was still waiting for the CCA from 12 months prior. No contact for 18 months until Drydensfairfax sent CCA 2022
Any Other Information or Background Details: Please see attached. The CCA is not legible.The signature is mine and the date, even though the year looks as if it has been amended, can't be sure that was me or not. I have since requested a DSAR from MBNA and they have until 20/05/22 to comply

My questions:

Should I have replied to DF saying it was not legible? And don't accept it?

Do I tell them I asked for SAR from MBNA in section 4 Box I?

Do I need to ask for the following from DF or should these form part of the SAR? :

A copy of the written contract for the DEBT (assume this is the CCA which DF state already supplied – 2 pages. Mostly not legible)

A full statement of account, including details of all interest and charges included on the outstanding balance of the debt from last payment explaining how they have been calculated, and any payments already made toward the a calculation of the interest claimed; the annual or daily rate of interest. Would this be covered by the DSAR?

a description of the nature and amount of any administrative charges included in the debt? I have been sent a document which STATES the start balance, total cradit and outstanding amount along with the last 4 payments.

A copy of the notice of assignment of the debt. Would this be covered by the SAR? My debt has been sold on, do I need to request all notices of assignment? Was sold to Arrow but I was paying Moorcroft. Should this be part of DSAR? There is no mention of Moorcroft on the documentation DF have sent. It was also passed to Resolvecall for a short period, they actually came to my door.

Would DF proceed with a CCJ if they didn't think the CCA they have provided is unenforcable

Do I ask for a copy of the Default Notice?

Many thanks and sorry it is so long.

[thisthat]

I am trying to upload docs but too large

[thisthat]

The LBA

[jaguarsuk]

Fill in the forms ticking the box that you do not recognise the debt and in the last box (box 'I' if I remember correctly) ask them for a legible copy of the CCA pursuant to s.78 of Consumer Credit Act 1974 due to the one previously supplied not being legible, copy of the Default Notice that is compliant with s.88 of Consumer Credit Act 1974 allegedly served by MBNA and copy of the Notice of Assignment allegedly served by MBNA pursuant to s.136 of The Law of Property Act 1925.

Don't fill in the income and expenditure form, that's none of their business.

Don't inform them of the SAR, that's for you to see what information they'll be able to get if they request it from MBNA or not able to get ideally.

What is the date of the most recent payment you have made to it?

[thisthat]

Thank you for your reply JAGUARSUK, that is really helpful.

My last payment was 2020 so I was a bit confused whether I am acknowledging the debt. As I have been paying prior to them being unable to produce the CCA in a timely manner I have already acknowledged the debt with previous payments. I will tick that I acknowledge the debt if that is the case.

Thanks again.

[jaguarsuk]

No do not acknowledge the debt, it doesn't matter you were paying until 2020, they have to prove that it is owed and they aren't able to at the moment.

The reason I asked about the date was to check whether it was statue barred, which it isn't.

[thisthat]

Ah, thank you again. Now it makes sense.