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Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

Last post Wed, Nov 14 2012, 6:15 PM by basa48. 7 replies.
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  •  Wed, Nov 14 2012, 6:15 PM

    Re: Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    You can of course and my suggestion was probably as near an 'embarrassed' as you can get.

    Check out Hucksters post here http://www.moneysupermarket.com/community/forums/t/help-and-advice-needed-cca-agreement-and-court-pr-41303.aspx

    I still think it will go to AQs when you can request the docs again with court directions

    • Post Points: 5
  •  Wed, Nov 14 2012, 1:30 PM

    Re: Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    Would it be better to submit an embaressed defence at this stage as I have not received anything from the solicitors or Arrow? The only thing I have been told is that the default notice was sent first class. (Despite the fact that MBNA sent default notices second class at the time. Was proven in a court case Harrison v someone I think)
    • Post Points: 20
  •  Wed, Nov 14 2012, 12:48 PM

    Re: Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    Bung in your defence something along these lines:

    ...........................................

    The defendant denies any liability to the claimant in respect of this claim.

    The claimant has not provided a copy of any legally valid credit agreement pertaining to this alleged account despite the claimant’s legal request.

    The defendant denies ever entering a credit agreement with MBNA and further denies to best of his recollection ever entering a valid credit agreement to which this claim may apply.

    The alleged lender has issued a Default Notice to the defendant in clear contravention of the regulating Act. In any event his would have the effect of preventing the claimant pursuing this claim.

    If this ever gets to court, you will have plenty of time to request futher docs from the claimant and to prepare a proper defence.

    The defendant denies any liability to the claimant in respect of this claim.

    The claimant has not provided a copy of any legally valid credit agreement pertaining to this alleged account despite the claimant’s legal request.

    The defendant denies ever entering a credit agreement with MBNA and further denies to best of his recollection ever entering a valid credit agreement to which this claim may apply.

    The alleged lender has issued a Default Notice to the defendant in clear contravention of the regulating Act. In any event his would have the effect of preventing the claimant pursuing this claim.

    If this ever gets to court, you will have plenty of time to request futher docs from the claimant and to prepare a proper defence.

    The defendant denies any liability to the claimant in respect of this claim.

    The claimant has not provided a copy of any legally valid credit agreement pertaining to this alleged account despite the claimant’s legal request.

    The defendant denies ever entering a credit agreement with MBNA and further denies to best of his recollection ever entering a valid credit agreement to which this claim may apply.

    The alleged lender has issued a Default Notice to the defendant in clear contravention of the regulating Act. In any event his would have the effect of preventing the claimant pursuing this claim.

    If this ever gets to court, you will have plenty of time to request futher docs from the claimant and to prepare a proper defence.

    The defendant denies any liability to the claimant in respect of this claim.

    The claimant has not provided a copy of any legally valid credit agreement pertaining to this alleged account despite the claimant’s legal request.

    The defendant denies ever entering a credit agreement with MBNA and further denies to best of his recollection ever entering a valid credit agreement to which this claim may apply.

    The alleged lender has issued a Default Notice to the defendant in clear contravention of the regulating Act. In any event his would have the effect of preventing the claimant pursuing this claim.

    If this ever gets to court, you will have plenty of time to request futher docs from the claimant and to prepare a proper defence.

    T

    (I can't stop this thing duplicating what I've written - ignore the duplicated bits!!!)

    • Post Points: 20
  •  Tue, Nov 13 2012, 9:19 AM

    Re: Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    I have 4 days left in which to submit a defence. I have not received anything from the solicitors or creditor apart from the last payment date and that the default notice they claim was was sent first class. No credit agreement, no default notice and no answers to any of my other questions. They have not adherred to the CPR requests.

    The particulars of claim do not state that the documents are to follow.

    I did not do a section 78 as I have been unwell, however, I made a section 78 request back in 2009, of which MBNA only sent a copy of the application form and the current terms of conditions, and are therefore still in breach. As arrow have taken over the account, does this means that the same conditions apply as they have taken over the rights and everything to do with the original account?
    • Post Points: 20
  •  Mon, Oct 15 2012, 5:44 PM

    Re: Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    roygoodbeat:I will try to do this. Is is worth requesting a copy of the credit agreement as well as all the terms and conditions. MBNA were only ever able to supply the reservation form, no Bank of Scotland Terms and conditions, only MBNA's own.

    Yes request a copy of the agreement and t&c's.

    • Post Points: 5
  •  Mon, Oct 15 2012, 4:30 PM

    Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    I will try to do this. Is is worth requesting a copy of the credit agreement as well as all the terms and conditions. MBNA were only ever able to supply the reservation form, no Bank of Scotland Terms and conditions, only MBNA's own.
    • Post Points: 20
  •  Mon, Oct 15 2012, 3:39 PM

    Re: Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    Yes you could defend. Acknowledge the claim form. Send Shoosmiths requests for a copy of the information they need to supply the court to take this forward. e.g CCA, Notice/Deed of assignment, default notice, statements of account. I think you use CPR 31.14 letter to request any forms mentioned in their particulars of claim and a CPR 18 request to probe their case/ask any questions.

    To be honest, I am no expert on this. The people who posted to this site who knew about the process of challenging agreements/defending claims, have not posted for some time. It may be worth you posting to the CAG legal issue forum of legal beagles.

    • Post Points: 20
  •  Mon, Oct 15 2012, 9:37 AM

    Arrow, MBNA, Ex B of Scot Court claim. Advice needed!

    I need some urgent advice on this:

    I took out a Bank of Scotland Credit Card in 2003. I ran into financial difficulties in March 2009.

    I received this on the 11th October 2012:
    A Northampton court claim filed by Shoosmiths.
    Particulars are:

    The Claimants claim for a sum of £2xxx being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank and assigned to the claimant on 20/12/2011, notice of which has been provided to the defendant.

    The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

    The claimant claims the sum of £2xxx.

    C has complied, as far as necessary wi the pre-action conduct practice direction.

    In May 2009 I made a subject access request to MBNA and also requested a copy of my credit agreement. As far as I am aware I have only received a reservation form from Bank of Scotland, he original owner. I don't think they fully supplied everything at the time.

    They have never supplied the T&C’s, no deed of assignment from Bank of Scotland to MBNA or I don’t recall receiving one from MBNA to Arrow Global. At the time I enquired on this site and a couple of companies and I was advised it was an invalid agreement and they cannot pursue in the courts.

    I also received a default for the full amount, as opposed to the amount outstanding. I have written twice to MBNA accepting the unlawful termination and accepting what was genuinely due at the time, not including any unlawful charges. This was ignored by MBNA.

    Just when I am getting my life back together, this! My partner is suffering from depression. This is the last thing we need.
    Any advice? Can I still fight this?
    • Post Points: 20