Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

[Bambam]

First of all thanks for accepting me as a member. I only found this forum recently and can't believe how great it is.
I need some advice please.
I had an MBNA Credit card and moved to Cyprus in April 2009. I told MBNA of my change of address. I ran into financial difficulties in November 2009 and MBNA agreed in writing to my Cyprus address to accept a minimum monthly payment and change the interest rate to 0%.
In October 2010 I wrote to MBNA (recorded delivery) and asked them for a copy of the credit agreement and didn't hear back from them and they stopped contacting me in Cyprus.
In December 2015 Restons Solicitors issued a Court Claim addressed to me at my Dad's address in the UK. I have never lived at that address and have no idea how they have it. My Dad told me about the claim (he was very upset as he's almost 80 and not in good health). I still live in Cyprus.
I have acknowledged the claim online and would like some advice as to how to proceed from here please. I'm wondering if they can't issue proceedings against me in Cyprus and that's why they have used my Dad's UK address?
Any advice would be greatly appreciated please. Thank You

[Kati]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[Kati]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

Have you told the court you don't reside in the UK @Bambam ??
Practice direction 7e - https://www.justice.gov.uk/courts/pr...t07/pd_part07e :

Types of claims which may be started using Money Claim Online
(3A) the claimant’s address for service is within the United Kingdom

[nemesis45]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

First of all thanks for accepting me as a member. I only found this forum recently and can't believe how great it is.
I need some advice please.
I had an MBNA Credit card and moved to Cyprus in April 2009. I told MBNA of my change of address. I ran into financial difficulties in November 2009 and MBNA agreed in writing to my Cyprus address to accept a minimum monthly payment and change the interest rate to 0%.
In October 2010 I wrote to MBNA (recorded delivery) and asked them for a copy of the credit agreement and didn't hear back from them and they stopped contacting me in Cyprus.
In December 2015 Restons Solicitors issued a Court Claim addressed to me at my Dad's address in the UK. I have never lived at that address and have no idea how they have it. My Dad told me about the claim (he was very upset as he's almost 80 and not in good health). I still live in Cyprus.
I have acknowledged the claim online and would like some advice as to how to proceed from here please. I'm wondering if they can't issue proceedings against me in Cyprus and that's why they have used my Dad's UK address?
Any advice would be greatly appreciated please. Thank You

Hello Bambam responding to [MENTION=49370]Kati[/MENTION] tag.

Unfortunately you cannot conduct this online at MCOL from outside the Uk.

I suggest that you need the claim forms or go back online and contest jurisdiction
as you are permanently resident outside the UK.

Follow this up with a letter to Restons stating that you are no longer a UK resident.

How much is claimed? It would be useful to know if it's worth AG getting judgement and
following it up with a European Enforcement Order, which enables a UK judgement to be
enforced in an EU court.

Shame really that you acknowledged service otherwise you could have asked dad to return the
claim pack as" not resident at this address".

nem

[Kati]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

you can also report the solicitors to the SRA - http://www.sra.org.uk/consumers/prob...solicitor.page

[Bambam]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

Hi Kati

Thank You so much for replying - No I haven't told the court that I don;t reside in the UK. Can I just call them or email them?
Sorry I have no experience with courts!
Thanks again

- - - Updated - - -

Hello Nemesis 45

Thanks so much for replying and for your advice. Sorry but I have no experience with court claims. How do I contest juristriction please?
Amount claimed is around £8600 including court costs.

I acknowledged as I was scared!

Thanks again

[nemesis45]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

Hi Kati

Thank You so much for replying - No I haven't told the court that I don;t reside in the UK. Can I just call them or email them?
Sorry I have no experience with courts!
Thanks again

- - - Updated - - -

Hello Nemesis 45

Thanks so much for replying and for your advice. Sorry but I have no experience with court claims. How do I contest juristriction please?
Amount claimed is around £8600 including court costs.

I acknowledged as I was scared!

Thanks again

Ok Contest Jurisdiction a Formal letter to Restons stating that you are not resident in the UK and
will not be resident in the foreseeable future.

Copy to the Court Manager Northampton County Court Business Centre.
As previously said much will be down to AG to decide if it is cost effective
to take the claim further.

nem

[Bambam]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

I should also add that I still own a house in the UK that is rented out

- - - Updated - - -

Thank You Nem - really appreciate your help.

[nemesis45]

Re: Court Claim- Restons Solicitors Re Arrow Global & MBNA - HELP Please!

I should also add that I still own a house in the UK that is rented out

- - - Updated - - -

Thank You Nem - really appreciate your help.

No need to mention that, your primary residence is in Cyprus.


nem