bobogosing's UE diary

[bobogosing]

would of been fools errand?

Good job Di saved my bacon in time......lol!!!

[The Tech Clerk]

would of been fools errand?

[Joanna Connolly Solicitors]

Hi Di!

Phew!!!!

*phew*

That was a near miss

Di

[bobogosing]

Please don't send a copy of your MBNA SAR to Arrow.

If you do that you'll be letting them know that you will be receiving documentation from MBNA which could be useful to them (Arrow).

If this matter proceeds to court they could seek disclosure of your documents (which you've received from MBNA) and, if successful, use those documents as evidence against you, especially if your SAR contains documents which they haven't been able to get from MBNA.

You will not be buying time, you will be putting yourself in a position where they (Arrow) could take advantage of you.

Always ask on the forum before you send letters.

I do hope I'm not too late posting this.

Di

Hi Di!

Thank you so much for your reply.

:O :O Was about to go PO to send the SAR's .....had a feeling to check ADD first before leaving house. Good job I did check

I will always ask you guys on here first before I make the next move or send any correspondence to creditors. Phew!!!!

I will only send the SAR to MBNA via RM tracking/recorded

bobo xx

[Joanna Connolly Solicitors]

I have just drafted a SAR to MBNA and will send a copy to Arrow to buy time

Please don't send a copy of your MBNA SAR to Arrow.

If you do that you'll be letting them know that you will be receiving documentation from MBNA which could be useful to them (Arrow).

If this matter proceeds to court they could seek disclosure of your documents (which you've received from MBNA) and, if successful, use those documents as evidence against you, especially if your SAR contains documents which they haven't been able to get from MBNA.

You will not be buying time, you will be putting yourself in a position where they (Arrow) could take advantage of you.

Always ask on the forum before you send letters.

I do hope I'm not too late posting this.

Di

[bobogosing]

Yes token payments (in fact payments of any size) are payments for Statute Barred purposes. This means the debt won't be SB until at least the end of July 2020.

In some ways it's just as well you've discovered this fact now before you replied to the Letter of Claim. If you'd ticked Box D stating SB was the reason for your dispute then Arrow could check the payment history and issue a claim knowing you were wrong.

Thankfully you've not drawn attention to your misunderstanding.

Di

I have just drafted a SAR to MBNA and will send a copy to Arrow to buy time

Fingers crossed!! Think all others are SB as only this MBNA was advised to make token payments

Thanks again Di!

bobo xx

[Joanna Connolly Solicitors]

Thank you again Di!

Been digging the files and found out this account may not be SB yet

. . . . We want to know if the account is 100% SB for safety because we did make £1 p/m token payment. Paid 5 months which all payment was before August 2014.

If the 5 x £1 token payment count as payments, then it will not be SB until at least end of July 2020. Is this correct please?

Yes token payments (in fact payments of any size) are payments for Statute Barred purposes. This means the debt won't be SB until at least the end of July 2020.

In some ways it's just as well you've discovered this fact now before you replied to the Letter of Claim. If you'd ticked Box D stating SB was the reason for your dispute then Arrow could check the payment history and issue a claim knowing you were wrong.

Thankfully you've not drawn attention to your misunderstanding.

Di

[bobogosing]

Thank you again Di!

I understand where you coming from regarding "defence"
I will definitely come to you guys for advice like I have done in previous years....hope I don't need to (in a good way)

Been digging the files and found out this account may not be SB yet

As drydensfairfax have previously sent similar letters which we never responded but will send a request for SAR
We want to know if the account is 100% SB for safety because we did make £1 p/m token payment. Paid 5 months which all payment was before August 2014.

If the 5 x £1 token payment count as payments, then it will not be SB until at least end of July 2020. Is this correct please?

I have checked the file for this account.
The post for MBNA (Mr.bobo) was started from #313 (8/10/11)
Then there was the first letter from drydensfairfax which I posted on #431

I will update as soon I receive the SAR request

Thank you again Di and everyone!

bobo xx



PS
"If the debt owner is Arrow Global (Guernsey) Ltd then they may have some difficultly with lack of FCA authorisation issues"........It is Arrow Global Guernsey Ltd (Phew!!)

[Joanna Connolly Solicitors]

In which case I would send a Subject Access Request to MBNA so you can see the full history of what went on, and more importantly what didn't.

The Transaction Log should detail the last payment and also reveal any interaction between Arrow and MBNA re your CCA Request in 2014.

The history of this debt is not on your Diary (at least I can't find it) so there's no way of knowing what other legal arguments you may have if the debt is not SB.

If the debt owner is Arrow Global (Guernsey) Ltd then they may have some difficultly with lack of FCA authorisation issues.

As I've said before you have 30 days to reply to a Letter of Claim. Sometimes it's best to ignore if you're confident you have a rock solid legal argument such as Statute Barred.

The important thing is don't tell them what your Defence is likely to be if they were to issue a claim because they may them remedy the flaw if it's possible. Or they may go ahead and issue the claim hoping you'll be a Litigant in Person with no help from a lawyer.

I'm afraid there is no magic wand to make it go away. But there are things you can do to get yourself in the best possible position to defend a claim if/when it is issued.

Di

[bobogosing]

I can't find the history of this debt to see when it was assigned to Arrow Global (Guernsey).

Was that last payment in 2010 made to MBNA or to Arrow or someone else?

When was the account defaulted (what year) since there are other potential arguments as to when the Statute Barred clock starts to tick for legal purposes, not just the last payment?

Did you send your s77-79 CCA Request to MBNA or Arrow or someone else?

I can see a post which says that Niddy said the credit agreement was enforceable, is that right?

What correspondence have you sent to Arrow since they purchased the debt?

You (your Hubby) have 30 days to reply to the Letter of Claim so you have time to research the background first. It's tempting to fire off a response to 'make it go away' but this can only trigger a more serious attempt by the debt owner to remedy any flaws that may have been made along the line and then they issue a claim when they've got all their ducks in a row.

Take your time.

Di

Hi Di!

Thank you for your reply

1. Was that last payment in 2010 made to MBNA or to Arrow or someone else?.......last payment was to MBNA

2. When was the account defaulted (what year) since there are other potential arguments as to when the Statute Barred clock starts to tick for legal purposes, not just the last payment? Default Notice was dated 7/2/2011

3. Did you send your s77-79 CCA Request to MBNA or Arrow or someone else? Niddy advised to send CCA to MBNA and Arrow. Sent CCA to MBNA back in Oct 2010 and then requested CCA from Arrow back ine August 2014

4. I can see a post which says that Niddy said the credit agreement was enforceable, is that right? Yes, Niddy said it was enforceable and see it I can drag it till statutory barred, fingers crossed, I hope it is

5. What correspondence have you sent to Arrow since they purchased the debt? Not responded to Arrow . Only requested CCA, as they sent exact same copy as MBNA has sent back in 2010, I posted the reply from Arrow and was advised to file away


Thank you in advance and look forward to your advice

bobo

[Joanna Connolly Solicitors]

The last payment was made on 23/9/2010

Arrow have been sending sending letters now and again which I file away as previously advised to file away if not threatening . Plus, this account with MBNA has not been paid since 2010, should be statutory barred and never thought they will still send threatening letters

The letter from drydensfairfax sounded more serious

I can't find the history of this debt to see when it was assigned to Arrow Global (Guernsey).

Was that last payment in 2010 made to MBNA or to Arrow or someone else?

When was the account defaulted (what year) since there are other potential arguments as to when the Statute Barred clock starts to tick for legal purposes, not just the last payment?

Did you send your s77-79 CCA Request to MBNA or Arrow or someone else?

I can see a post which says that Niddy said the credit agreement was enforceable, is that right?

What correspondence have you sent to Arrow since they purchased the debt?

You (your Hubby) have 30 days to reply to the Letter of Claim so you have time to research the background first. It's tempting to fire off a response to 'make it go away' but this can only trigger a more serious attempt by the debt owner to remedy any flaws that may have been made along the line and then they issue a claim when they've got all their ducks in a row.

Take your time.

Di

[bobogosing]

I take it you have not paid this since 2016 , was this one that Niddy said was enforceable ?can you tell us when the last payment was and when it was defaulted,
has the letter sent to you a list of options from A to x
when was the last time they contacted you,
sorry but as you know it will take ages for anyone to look back through 58 pages of post while we are trying to help others at the same time
and to help you we need all the information in one place or mistakes can be made

Hi nightwatch!

Thank you for responding and I do understand all diaries are stacked up with so many queries and replies

The last payment was made on 23/9/2010

Arrow have been sending sending letters now and again which I file away as previously advised to file away if not threatening . Plus, this account with MBNA has not been paid since 2010, should be statutory barred and never thought they will still send threatening letters

The letter from drydensfairfax sounded more serious, so I thought better seek professional advice

Thank you!

bobo

[nightwatch]

I take it you have not paid this since 2016 , was this one that Niddy said was enforceable ?can you tell us when the last payment was and when it was defaulted,
has the letter sent to you a list of options from A to x
when was the last time they contacted you,
sorry but as you know it will take ages for anyone to look back through 58 pages of post while we are trying to help others at the same time
and to help you we need all the information in one place or mistakes can be made

[The Tech Clerk]

It is a request for her to pop in here? PAP = that is the question attached I&E etc etc to that letter you posted above> statute barred by the sounds of it ???

[bobogosing]

Not a PAP Pack, i.e. different pages for him to fill in? Diana Mayhew

Hi The Tech Clerk,

Do you mean I need to post on "Diana Mayhew's account to get advice please?

Thank you in advance