Arrow Global / Blake Morgan

[redman]

I'm looking for some assistance with an issue I have with MBNA / Blake Morgan.

Basically in 2009 & 2010 MBNA lost 2 payments on my account for a period of time which I raised complaints about on numerous occasions, however MBNA did very little so I eventually raised it with the Financial Ombudsman who failed to uphold my complaint. On the back of this I subsequently asked MBNA to supply all records of recorded phone calls to them I had made as well as the call recordings of said calls so that I could appeal the Financial Ombudsman decision which they never supplied.

During all this they sold my debt off to Arrow Global who started to pursue me for the outstanding debt. I always maintained to Arrow Global that the debt should never have been passed to them as the account was in dispute but between MBNA & Arrow Global nothing was ever done about it.

Arrow then passed the file to Blake Morgan (formerly Blake Lapthorn)who were basically advised the same, they again ignored this until they subsequently started court proceedings in 2014 and I filed a defence stating the the debt could not have been transferred as the account was in dispute. The proceedings were stayed and now 4 years on they are now trying to lift the stay.

I have attached the Application for Stay to be lifted and Summary Judgement which has been filled and would appreciate your thoughts on this.

[Joanna Connolly Solicitors]

Hello

I've removed your attachment because there was enough information on it to identify you. Better safe than sorry.

However I did read it and can see that they are seeking to lift the stay four years after the claim was issued! They'll need a good explanation for the delay.

At least they are giving you the opportunity to contest their Application which is a good thing.

I note the Claimant is Arrow Global (Guernsey) Ltd which is not currently authorised by the FCA so they may face some difficulty.

Was the Summary Judgment Application served on you by Blake Morgan or by your local county court (or both)?

Have you ever sent a s77-79 CCA Request to MBNA or Arrow?

Now would be a good time to send a Subject Access Request to MBNA too.

Di

[The Tech Clerk]

di@joannaconnollysolicitors.co.uk

contact Di at the e-mail given sure you will get best advice there as this stage is critical for you

[redman]

I've been doing some digging around on this at my correspondence and have come up with the following -

When MBNA issued the Default Notice I had an ongoing complaint with the Financial Ombudsman which they were fully aware of.

At the end of the complaint I made the FOS and MBNA fully aware that I would be appealing the FOS decision and to do so I would be requesting copies of all telephone records and recordings from MBNA and all parties which I made twice on the 14th June 2011 and the 5th July 2011 using a Sar, and paying the fee. To date MBNA have failed to supply these. I have also subsequently informed all agents such as Fredrickson International Ltd., Arrow Global and Blake Morgan, who were informed of this in 2016 and did nothing about this.

I am planning on using this in my Witness Statement.

[Joanna Connolly Solicitors]

When MBNA issued the Default Notice I had an ongoing complaint with the Financial Ombudsman which they were fully aware of.

At the end of the complaint I made the FOS and MBNA fully aware that I would be appealing the FOS decision and to do so I would be requesting copies of all telephone records and recordings from MBNA and all parties which I made twice on the 14th June 2011 and the 5th July 2011 using a SAR and paying the fee. To date MBNA have failed to supply these. I have also subsequently informed all agents such as Fredrickson International Ltd., Arrow Global and Blake Morgan, who were informed of this in 2016 and did nothing about this.

The Application you're facing is to lift the stay and strike out your Defence as having no merit. If they are successful you will have to pay their legal costs so you need to identify the legal arguments (not issues with the FOS) as you'll only have one shot at getting this right.

The Default Notice may be a separate issue.

Di

[redman]

The Application you're facing is to lift the stay and strike out your Defence as having no merit. If they are successful you will have to pay their legal costs so you need to identify the legal arguments (not issues with the FOS) as you'll only have one shot at getting this right.

The Default Notice may be a separate issue.

Di

Is this not me showing that I have a defence ?

[Joanna Connolly Solicitors]

Is this not me showing that I have a defence ?

The question is whether the Defence you originally filed has likely prospects of success.

From what you say you've not addressed the Claimant's pleadings (legal arguments in the Particulars of Claim) in your original Defence.

Di

[The Tech Clerk]

di@joannaconnollysolicitors.co.uk

contact Di at the e-mail given sure you will get best advice there as this stage is critical for you

[Joanna Connolly Solicitors]

Arrow then passed the file to Blake Morgan (formerly Blake Lapthorn)who were basically advised the same, they again ignored this until they subsequently started court proceedings in 2014 and I filed a defence stating the the debt could not have been transferred as the account was in dispute. The proceedings were stayed and now 4 years on they are now trying to lift the stay.

If your Defence only stated that the debt shouldn't have been sold to Arrow because you were disputing it with MBNA then you may need to file and serve an Amended Defence (addressing the legal arguments raised in the POC) for which you will need permission from the court.

Di

[redman]

So can MBNA issue a Default Notice whilst I have a complaint ongoing with the FOS & then fail to supply my SAR and assign the debt to Arrow - surely they can’t then sit on this for 4 years too to the point of the court not have the POC on file as they have told me they only keep them 3 years

[Roger]

So can MBNA issue a Default Notice whilst I have a complaint ongoing with the FOS & then fail to supply my SAR and assign the debt to Arrow - surely they can’t then sit on this for 4 years too to the point of the court not have the POC on file as they have told me they only keep them 3 years

I can't comment on or otherwise on your issues. I am not a lawyer.

I would only say that before I came to AAD I made the mistake of trying to reason/argue on my own behalf. I was blinkered in my reasoning. Created problems for myself.
Fortunately I had Di and Jo on my side who saved my bacon! For which I and my family a very grateful.

It seems to me that you need Legal and Professional Advice at this moment!

[Joanna Connolly Solicitors]

MBNA lost 2 payments on my account for a period of time which I raised complaints about on numerous occasions, however MBNA did very little so I eventually raised it with the Financial Ombudsman who failed to uphold my complaint. On the back of this I subsequently asked MBNA to supply all records of recorded phone calls to them I had made as well as the call recordings of said calls so that I could appeal the Financial Ombudsman decision which they never supplied.

During all this they sold my debt off to Arrow Global who started to pursue me for the outstanding debt. I always maintained to Arrow Global that the debt should never have been passed to them as the account was in dispute but between MBNA & Arrow Global nothing was ever done about it..

I would expect Arrow to include the FOS decision (not to uphold your complaint) in their evidence for the Summary Judgment Application.

So from what you say you'll be arguing that MBNA had not complied with your request for phone call recordings etc. Did you send a formal Subject Access Request together with the £10 statutory fee at the time? And/or did you make a complaint to the ICO once the 40 days had expired (if you did send a SAR)?

Di

[redman]

Yes Arrow have included FOS decision in Summary Judgment Application and briefly skirted around the SAR in it, with an e-mail trail saying it was completed in 2011. I made the formal SAR request in June & July 2011 Di but didn't make a complaint to the ICO after 40 days, I have always made all agents of MBNA aware of this request including Arrow in 2016 when they contacted me after the claim was stayed.

[Joanna Connolly Solicitors]

Arrow then passed the file to Blake Morgan (formerly Blake Lapthorn)who were basically advised the same, they again ignored this until they subsequently started court proceedings in 2014 and I filed a defence stating the the debt could not have been transferred as the account was in dispute. The proceedings were stayed and now 4 years on they are now trying to lift the stay.

I have attached the Application for Stay to be lifted and Summary Judgement which has been filled and would appreciate your thoughts on this.

Has this Summary Judgment Application been listed for a Hearing?

As I said earlier, I read the Application you posted on this thread before it was removed for security reasons (your name and other identifiable information was visible). I recall it was dated 'last year' so I would expect it to be listed by now or has there been a development since the Application was first made?

Di

[redman]

Has this Summary Judgment Application been listed for a Hearing?

As I said earlier, I read the Application you posted on this thread before it was removed for security reasons (your name and other identifiable information was visible). I recall it was dated 'last year' so I would expect it to be listed by now or has there been a development since the Application was first made?

Di

Yes the hearing is the 3rd April