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Now I am hoping someone can give me their expert views or advice on my case which is coming up to court this Friday 6th October 2017! The last-minute nature of my query will become apparent shortly
This query relates to a credit card agreement with MBNA signed in 2003, so pre-2007 if that makes any difference to what I am saying below as I know pre-2007 is viewed differently.
Arrow Global has 'purchased' the debt from MBNA and are craving a CCJ Decree.
Background:
I received my original writ In the middle of June 2017 (not saying specific dates in case this thread is monitored) which was 3 days before my statute barred period would have been up on the debt. I am in Scotland so the last payment made according to them was 3 days short before the 5 years would have elapsed. However, I have still challenged this in my original defence and as it stands it has not been ruled out as they have not provided anything official that shows the last payment was on the date they claim.
As a little side note for what it’s worth, I think they rushed the writing of the original writ to ensure it was lodged before the debt hit the statute barred period as they have since gone on to amend the original writ in several places. It was updated with only 2 days to go before the final defences could be lodged. The reason for the updated writ will become clear as well. Out of curiosity, I was wondering if the updated writ now takes my debt beyond the 5 year statute barred period, or does the original date they put the writ together in the middle of June 2017 still hold?
So, my original options hearing was on the 15th September 2017 and their solicitor turned up with no paperwork whatsoever, despite stating in the original writ that if the matter was defended that a copy of the credit agreement, statements of account and assignation would be produced. I really wonder how they get away with these writs - hoping that I will never defend the action!
So the judge gave a continuation of 3 weeks for them to find paperwork which brings us to the new options hearing on the 6th October 2017 which is this Friday. Final defences for this hearing had to be lodged last Friday on 29th September 2017.
I only sent of the CCA request for a copy of my agreement early in September, but as of putting in my updated defences on the 28th September 2017 they had not sent me anything. They had not even acknowledged the letter. So after about 25 days - way over the 12+2 working days by law they had not responded with any paperwork so things were looking hopeful that they could still not find anything for our new hearing on the 6th October 2017.
However on the very next day, the 29th September 2017, after I had lodged my final and amended defences based on the information I was aware of at the time - they sent me a copy of what they claim to be the CCA, and assignation letters and a statement of account.
So in reality they have only given me about 3 days now to review the new information that has come to light which is not ideal.
Hence my request for some assistance please at the last notice just to make sure I have covered all bases.
Questions:
So Arrow Global have sent me the attached as evidence of their CCA. This is the best they have it appears. Few points I want to ask please:
- I can hardly make any of it out. I think this is an illegible document - thoughts or opinions? The scan you are seeing is 99% identical to what I have in front of me. No loss in copy. The wording is all blurry and the signature box is dark, so can’t see what I have signed.
- It says Signature Form at the top of the page - to me this is not a CCA? Where is the rest of the agreement?
- I don’t see anything signed by them to execute the agreement? I have not been sent anything signed by them as evidence of an executed agreement signed by them. For pre-2007 agreements, I believe they need to countersign and send me a copy? Surely they need to evidence this in court?
- The credit limit referenced says £10000, but interest charges only go up to £5000 based on what I can read? Is this not a breach of the prescribed terms?
- Should I not have received a rights to cancellation notice? It is not legible on this document but I know based on research that above my signature box it does say that cancellation rights would be sent out by post. Nothing sent or evidenced so far by Arrow.
- In the original writ dated middle of June 2017 they state that I entered into a contract with them on the 12/01/2004, but the date you can see on this signature box is the 7/12/03. However on the updated writ of the 27th Sep 2017 they have scored the 12/01/2004 date out. This makes me suspicious that they have some kind of note on their systems of an agreement signed and executed by them on the 12/1/2004 over 30 days after I signed it, but they cannot find it to send to me. So why have they erased this date from the original writ. Thoughts? Maybe it is not important but seems odd to reference this date of 12/01/2004 then erase it.
- Will the judge understand that they have sent this paperwork to me so late and give a continuation again at worst to consider my defence more carefully? They took so long to send me the paperwork, way past their duty of 12+2 working days and only AFTER i had put in my defense which is now not really up to date. They have still never replied to my statute barred prescription of limitations act letter.
- Should this writ have even been brought to the courts in June 2017 if they had no paperwork to be produced at our first options hearing on the 15th September 2017? Surely this is a speculative claim on their part but seems they will get away with it by getting the writ in 3 days before statute barred date to stop the clock on me.
One last thing of real interest to me. And one I think is a major error on their part! I have only just discovered it.
The MBNA account number referenced in the original writ has never appeared on my credit file. There is an MBNA agreement on my file with a different account number which is odd, as I only ever had one MBNA agreement to the best of my knowledge. The one on my credit file says settled/closed and Not Defaulted.
BUT even more interestingly, the debt that was sold to Arrow Global from MBNA has a completely different account number to the one I am being pursued for on the writ! So there is at least 2 different account numbers in play, not counting a third which is on my credit file. How can Arrow Global then pursue me for debt they have been assigned, which is different to the one in the writ? Surely they have no case to chase me for debt if they cannot prove MBNA sold the debt to them?
I assume this is something that I should be referencing on Friday at my hearing? Again, something not right here and again makes me suspicious that they have rushed this whole process and have made mistakes all over the place.
Apologies for all the questions in advance, especially as a newbie. Just trying to find my best approach knowing I now only have 3 days to prepare when I thought I had everything covered off.
Really appreciate any advice or thoughts.
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