drydensfairfax county court

[scaryworld]

Hi, I'm wondering if anyone can give me some advice. I received letters from Drydensfairfax solicitors stating they are acting on behalf of Arrow Global, two seperate accounts/debts. I sent a prove it letter asking for further information on 17th February 2019.

One of the letters received (dated 1st March 19) just stated the original creditor, reference, date of account opening, date of default and default balance, but no original documents etc.

Regarding the other account I got a letter (dated 15th April 19) thanking me for my complaint!!! It waffles on and states they cannot uphold my complaint. With this letter they have sent a copy of MBNA Gold Advantage Card Priority Application form, my name and address are typed at the top but apart from that, the document is completely empty.

The following paragraph is in the letter "I have enclosed a copy of the Consumer Credit Agreement for your records, however, we are still awaiting further documentation. I can confirm that your account will remain on hold until we receive an update from our client regarding the documentation that has been requested. Once we receive a response, we will correspond with you accordingly."

Yesterday I contacted the Financial Ombudsman who are looking into this for me.

Today I have received a Claim form from County Court Business Centre (regarding the account that they sent the letter about dated 15th April), my understanding from the paragraph I have quoted is that the account was on hold until they had further documentation, clearly, this is not the case.

I have no idea what to do now, I have sent an email updating the ombudsman.

Since 2016 I have had stage 4 cancer (I wasn't expected to survive 2016) I haven't worked for many years now and I really do not need this stress from idiots that buy debts for next to nothing in order to make a killing. It amazes me that this is even still legal in this country, shouldn't we have a right to first refusal type scenario on debt? I assume it somehow helps the governments coffers in taxes.

Any help would be greatly appreciated.

[jaguarsuk]

Okay, I understand your frustration and given your health this is stress you really don't need.

However you have received a court claim and you are going to have to deal with it. You'll need to follow the First Steps and post back here using the template. We can take things from there.

[Setmefree3]

Okay, I understand your frustration and given your health this is stress you really don't need.

However you have received a court claim and you are going to have to deal with it. You'll need to follow the First Steps and post back here using the template. We can take things from there.

There are many people on here to advise you, and given your health issues, please do accept the help available to you :-)

[scaryworld]

Thank you, Sorry for delay in getting back to this, I have been away from home having treatment. This is the information I have,

Received a claim? Yes
Issue Date:7th May 2019
Have you Acknowledged the Claim?: Not yet
Total Amount Claimed : £7400
Claimant’s Name: Arrow Global
Solicitors Firm: Drysens Ltd
Original Creditor: MBNA
Original Debt Credit Card
Particulars of Claim:
1. The claim is for the sum of £xxx in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under the account number xxxx upon which the defendant failed to maintain payments.
2. A default notice was served upon the defendant and has not been complied with.
3. The balance owed was assigned from MBNA to the claimant, and the defendant has been notified of the assignment by letter. Contact drydensfairfax solicitors on 0113 823 3850.

Is the debt Statute Barred No I dont think so
List any letters you have sent (eg: CCA/ CPR ): I sent a prove it letter
Any Other Information or Background Details: The letter I received back stated " I have enclosed a copy of the Consumer Credit Agreement for your records, however we are still awaiting further documentation. I can confirm that your account will remain on hold until we receive an uodate from our client regarding the documentation that has been requested, Once we receive a response, we will correspond with you accordingly."

The Application form they attached has my name and address on the top left.
Under "I would like the following MBNA Card" it lists two cards ( I never applied for a visa and a mastercard at the same time from MBNA)
First name it gives my name and initial. Other trhan that the rest of the form is completely blank.
No Dates, No amount of credit, no income, no bank account details etc.

[jaguarsuk]

Okay, so your plan of action is:

1. acknowledge service and tick that you intend to defend in full, but do not write anything else on the form.
2. CCA Request to the claimant with a cheque or postal order payable to them and "CCA 1974 STAT FEE ONLY" written on the front.
3. CPR 31.14 Request to the solicitors with a copy of the CCA requested enclosed requesting copies of:
   1. Credit Agreement
   2. Default Notice
   3. Notification of assignment letter
4. Subject Access Request Letter to MBNA requesting all information on you.

As long as you complete number 1 your deadline to file your defence is Monday 10th June 2019 at 4pm.

Make copies of everything and keep them for your records, plus when you post them get confirmation of postage slips at the post office.

The Agreement they have sent may or may not be enough as a reconstitution, but that will depend on seeing it. At this stage you don't need to post it, lets wait and see if they send the same copy though with the CCA request, then we'll have a look at it's validity.

Now some questions:

A. You say you didn't apply for a Visa and Mastercard at the same time, but did you apply for both at separate times or have you only ever had one?

B. When did the card default?

C. When did you make the last payment?

D. Is the alleged debt still visible on your credit file?

[scaryworld]

Okay, so your plan of action is:

1. acknowledge service and tick that you intend to defend in full, but do not write anything else on the form.
2. CCA Request to the claimant with a cheque or postal order payable to them and "CCA 1974 STAT FEE ONLY" written on the front.
3. CPR 31.14 Request to the solicitors with a copy of the CCA requested enclosed requesting copies of:
   1. Credit Agreement
   2. Default Notice
   3. Notification of assignment letter
4. Subject Access Request Letter to MBNA requesting all information on you.

As long as you complete number 1 your deadline to file your defence is Monday 10th June 2019 at 4pm.

Make copies of everything and keep them for your records, plus when you post them get confirmation of postage slips at the post office.

The Agreement they have sent may or may not be enough as a reconstitution, but that will depend on seeing it. At this stage you don't need to post it, lets wait and see if they send the same copy though with the CCA request, then we'll have a look at it's validity.

Now some questions:

A. You say you didn't apply for a Visa and Mastercard at the same time, but did you apply for both at separate times or have you only ever had one?

B. When did the card default?

C. When did you make the last payment?

D. Is the alleged debt still visible on your credit file?

Thank you for your help,

One small problem, I can get these letters off etc but Monday and Tuyesday I am away from home having treatment and then early Thursday I go away and am not back until early hours of the 10th June. So I will not get any of the responses until I return on the 10th and being on an over night flight with no sleep I am somewhat concerned at my ability for filing a defence by 4pm?

Yes I had Visa and mastercard but at different times, I think the cards defaulted between 2009 and 2012. Its no longer on my credit file. I believe I made the last payment of £1 to MBNA via cheque in 2017, never ever communicated with Arrow Global or anyone else, just MBNA, if they wanted to then give someone else the money after they cashed the cheques I sent them, that was up to them.

[scaryworld]

I also have the Financial ombudsman involved, she has requested information from them which she expects to have by the 23rd May. She asked if she could share my illness with them, which of course I said yes to.

[jaguarsuk]

Thank you for your help,

One small problem, I can get these letters off etc but Monday and Tuyesday I am away from home having treatment and then early Thursday I go away and am not back until early hours of the 10th June. So I will not get any of the responses until I return on the 10th and being on an over night flight with no sleep I am somewhat concerned at my ability for filing a defence by 4pm?

You need to send the CCA request to the claimant and SAR to MBNA in the normal post.

Today you need to send the CPR 31.14 request by special delivery tot he solicitors, but the second to last paragraph you are going to need to change from:

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

to

Due to the timing of this matter I will be receiving treatment for a serious illness and am away from home for the period 23rd May 2019 to 10th June 2019, with the latter being the deadline date for filing my defence. I therefore seek your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 and if in agreement ask you to confirm in writing, so I may notify the court. i'd be obliged if you could do this via email to my address: <<your email>>.

They should agree, but it is incumbent upon you when they agree and even if this is after Thursday to email to the court that the parties have agreed an extension.

On your return you should have the responses to the CCA and CPR requests and then 7 days to file the defence.

Yes I had Visa and mastercard but at different times, I think the cards defaulted between 2009 and 2012. Its no longer on my credit file. I believe I made the last payment of £1 to MBNA via cheque in 2017, never ever communicated with Arrow Global or anyone else, just MBNA, if they wanted to then give someone else the money after they cashed the cheques I sent them, that was up to them.

In you SAR ask for a full breakdown of your accounts to make sure they have not amalgamated the two and are trying to pass it off as one account. Seems like ticking both that's exactly what they are trying to do or they don't know which card this alleged debt is for.

I also have the Financial ombudsman involved, she has requested information from them which she expects to have by the 23rd May. She asked if she could share my illness with them, which of course I said yes to.

When did you involve the Financial Ombudsman? They should not have filed a claim while a complaint was with he FO if you involved them prior to this being issued and have you made the FO aware they have now filed a claim?

[scaryworld]

Thank you so much, I will get these in the post in the morning. I involved the financial Ombudsman due to the last letter I received from them had the Ombudsman leaflet " want to take your complaint further". The Claim form arrived the following day. Still most annoyed that they stated the account was on hold and then started the court claim anyway. I emailed the financial ombudsman about the claim but didnt get a reply, I have also left a voicemail message for her today. Will just keep trying to call early part of next week.

[jaguarsuk]

Thank you so much, I will get these in the post in the morning. I involved the financial Ombudsman due to the last letter I received from them had the Ombudsman leaflet " want to take your complaint further". The Claim form arrived the following day. Still most annoyed that they stated the account was on hold and then started the court claim anyway. I emailed the financial ombudsman about the claim but didnt get a reply, I have also left a voicemail message for her today. Will just keep trying to call early part of next week.

Okay, very sneaky of them.

Currently you need to keep to the 10th June deadline, hopefully they'll be reasonable and agree an extension. Until you know whether they will or are ignoring you it's a waiting game.