Arrow- Restons have applied for Stay to be Lifted!

[petek4g]

I need some advice on how to proceed. the particulars of my case are as follows:

Basically, on 15th Oct 2012 Arrow Global made a claim against me for a credit card debt of £12,570 (owed to MBNA) , the form was issued from Northampton county court.

23rd Oct 2012 - With information gathered from this forum i sent Restons' solicitors (and copied the court ) a CPR 31.14 requesting copies of
i) The agreement
ii) The Assignment

11 November 2012 - i filed a Defence to Claim and the court acknowledged receipt on 12/11/2012. Their letter stated clearly that the claimant had 28 days in which to respond, and if this period lapsed, the ONLY action the claimant had was to apply to a judge for an order lifting the stay.

21st January 2013 - received a letter from Restons solicitors acknowledging my defence to the court. They enclosed the following documentation:
i. Credit card agreement (executed online) - Nothing with my signature!!
ii.Original terms and conditions
iii.Latest terms and conditions
iv. Re-created copy of defence notice
v. statement of account dated 9th aug 2011.
vi. Letter from MBNA confirming the account had been assigned to a 3rd party (PS Letter not dated!)

May 9th 2013 - I received another letter from Restons enclosing;

i. Notice of Hearing application from Luton CC to take place 30th July 2013- For the stay to be lifted.
ii. Application Notice - by Arrow Global asking the coourt to 1) An Order to lift the stay 2) Order that my defence be struck out on the basis that it discloses no reasonable grounds for defending the claim and 3) Order or summary judgement on the grounds that the defendant has No real prospect of successfully defending the claim and 4) An order that the defendant pay the claimants costs on a contractual basis.

What are my options in this case? The date of the hearing is fast looming.

Please help!

[MIKE770]

Re: Arrow- Restons have applied for Stay to be Lifted!

somebody will be along soon!:beagle:

[MIKE770]

Re: Arrow- Restons have applied for Stay to be Lifted!

Might help if you listed more detaila i.e. when taken out, default date etc and up to date info as well, but never disclosure personal info!? and give sitrep!

[petek4g]

Re: Arrow- Restons have applied for Stay to be Lifted!

thanks for quick response.

The Virgin Money credit card was taken out sometime in March 2010, i was uptodate with my payments until my my old employment ended in April 2011. I moved address and therefore did not receive the default notice (served under section 87(1) of the CCA 1974) from MBNA dated 7th July 2011.

From the information Restons solicitors sent to me (on 21st january 2013), MBNA 'assigned' the debt to Arrow Global Limited.

What other information should i provide other than the one i provided below:

Basically, on 15th Oct 2012 Arrow Global made a claim against me for a credit card debt of £12,570 (owed to MBNA) , the form was issued from Northampton county court.

23rd Oct 2012 - With information gathered from this forum i sent Restons' solicitors (and copied the court ) a CPR 31.14 requesting copies of
i) The agreement
ii) The Assignment

11 November 2012 - i filed a Defence to Claim and the court acknowledged receipt on 12/11/2012. Their letter stated clearly that the claimant had 28 days in which to respond, and if this period lapsed, the ONLY action the claimant had was to apply to a judge for an order lifting the stay.

21st January 2013 - received a letter from Restons solicitors acknowledging my defence to the court. They enclosed the following documentation:
i. Credit card agreement (executed online) - Nothing with my signature!!
ii.Original terms and conditions
iii.Latest terms and conditions
iv. Re-created copy of defence notice
v. statement of account dated 9th aug 2011.
vi. Letter from MBNA confirming the account had been assigned to a 3rd party (PS Letter not dated!)

May 9th 2013 - I received another letter from Restons enclosing;

i. Notice of Hearing application from Luton CC to take place 30th July 2013- For the stay to be lifted.
ii. Application Notice - by Arrow Global asking the coourt to 1) An Order to lift the stay 2) Order that my defence be struck out on the basis that it discloses no reasonable grounds for defending the claim and 3) Order or summary judgement on the grounds that the defendant has No real prospect of successfully defending the claim and 4) An order that the defendant pay the claimants costs on a contractual basis.

[Celestine]

Re: Arrow- Restons have applied for Stay to be Lifted!

Presumably you filed a defence BEFORe you received the docs from Restons.

I'm sorry to say, but a CC application online from 2010 is very likely to be enforceable and a 'tick box' suffices as a signature in these kind of applications.
On what grounds are you defending the claim?

When you moved address, did you notify them of the change of address? How come you stopped making payments and got defaulted?

[petek4g]

Re: Arrow- Restons have applied for Stay to be Lifted!

Yes i filed the defence (see extract below) on 11th November last year, and Restons only responded on 31st January 2013. I have checked my records and can confirm the credit card was taken out in Sept 2009. Is this still enforceable?

My defence was as follows;

1. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim ('the Agreement' or contract) the Claimant has yet to disclose any Agreement or contract as to the defendants CPR 31.14 Request. The claim fails to disclose any cause of action and is extremely vague in nature. The claim fails to deal with the basic rules of CPR, even allowing the constraints of a bulk issuer.

2. The defendant has absolutely no knowledge of any debt, and despite asking for proof a debt exists nothing has been forthcoming.

3. No documents supporting this claim in the particulars have been attached despite a request under CPR 31.14, and as a result of this, I the defendant are unable to plead in defence to this claim.

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original document he will rely on.

5. The particulars of claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

7. Furthermore, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

8. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions"

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

10. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim.

Statement of Truth

I believe that the facts stated in this Defence of claim to be true.

I have absolutely no knowledge of any debt, despite my asking for proof a debt exists nothing has been forthcoming.

I lost my job in Sept 2010, but continued to make payments until April 2011. I moved address but i did not inform them and have never received Default notice they may have sent. I only learnt about this default notice when Restons replied to my defence this year.

thanks.

[ncf355]

Re: Arrow- Restons have applied for Stay to be Lifted!

I cant see any reference in the Defence you submitted to the actual default notice

Did you request a copy of this?

Have they supplied it?

Without sending this to you (either the Original Creditor themselves or Rentons), they cannot start court action

[ncf355]

Re: Arrow- Restons have applied for Stay to be Lifted!

I lost my job in Sept 2010, but continued to make payments until April 2011. I moved address but i did not inform them and have never received Default notice they may have sent. I only learnt about this default notice when Restons replied to my defence this year.

thanks.

They would be able to say they sent the Default to your previous address (due to you failing to notify them you moved), but they still need to provide a copy to you and the court to make the claim

[charitynjw]

Re: Arrow- Restons have applied for Stay to be Lifted!

That assignment letter seems fishy to me.
I am aware that either MBNA or Global Arrow can inform the 3rd party (OP), but given that AG has bought a job lot for pence in the pound, I would have thought MBNA would have washed their hands of it.
It could be a generic letter, I suppose.

[petek4g]

Re: Arrow- Restons have applied for Stay to be Lifted!

I never received the Actual Default Notice as it was sent to the old address. They have however supplied a copy of it (dated 7th July 2011) alongside the 'assignment letter'.
Does this mean they will succeed with the court action?

In the Application Notice where AG are requesting the court for an order to lift the stay and Summary Judgment, they have stated if i wish to rely on written evidence at the hearing, i must file a witness statement and serve it on their solicitors with 7 days before the date set for summary judgement.

what are my options?

[ncf355]

Re: Arrow- Restons have applied for Stay to be Lifted!

Can you post a copy of the Default Notice they allege they have sent?

Also, I cant see anywehere you have posted copies of the rest of the docs (agreement, etc) - can you point us to them or scan them and post (removing personal detaiils/account number!)

[ncf355]

Re: Arrow- Restons have applied for Stay to be Lifted!

Another thing is they don't appear to have supplied statement data - how are they proposing to claim an amount if they arent showing how the amount is arrived at?

[petek4g]

Re: Arrow- Restons have applied for Stay to be Lifted!

Sorry, am really new at this, how do i post documents on this thread as requested? I assume i need to have them in jpeg format and follow a link to attach..i tried the ' insert image' icon on this page and it asked for a URL?? please assist.

To Scottie - They have a 3 page card statement breaking down the amount claimed into card purchases and balance transfers..page 3 of statement states ' This statement is also Your Notice of Default sums'.

thank you all for the comments so far.

[ncf355]

Re: Arrow- Restons have applied for Stay to be Lifted!

Pete!

"Scottiedog" is just the experience level of the user (Your are "Beagle Puppy" if you look)

It's ncf355

[ncf355]

Re: Arrow- Restons have applied for Stay to be Lifted!

To add images you need to create an account with a photo upload site (such as photobucket) then upload the photo to their site and post the link on here