bobogosing's UE diary

[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]

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]

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]

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]

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]

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]

Hi Di!

Phew!!!!

*phew*

That was a near miss

Di

[The Tech Clerk]

would of been fools errand?

[bobogosing]

would of been fools errand?

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

[Spud]

That's a shame with the SB dates.......but hopefully its not all lost and there are other points which will assist you with this ( I have not read back through your diary)

And don't worry too much about the SAR request........These things happen..........Crisis avoided..........every day is a school day

[bobogosing]

That's a shame with the SB dates.......but hopefully its not all lost and there are other points which will assist you with this ( I have not read back through your diary)

And don't worry too much about the SAR request........These things happen..........Crisis avoided..........every day is a school day

Thank you Spud! Fingers crossed I will pass smoothly till next years SB date
And I will remember to ask you guys for advise first before I make any move to respond the creditors

bobo xx

[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

Morning all!

As I have been waiting for MBNA's SAR, I have completely forgotten about the letter from Drydensfairfax letter dated 11/3/19. MBNA still not sent the SAR

My hubby have now received Claim Form from "County Court Business Centre", will forward the letter to Diana Mayhew and see whats the next step and also anyone's advise will be appreciated..

it says we have "14 days of the day service (or particulars of claim if served separately). The attached forms may be used for that purpose. The day of service is taken as 5 days after the issue date shown overleaf. Received the claim form yesterday 9th May and the claim form issue date is 7th May.

So worried, cannot think right (

Thank you!

bobo xx

[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

Morning all!

As I have been waiting for MBNA's SAR, I have completely forgotten about the letter from Drydensfairfax letter dated 11/3/19. MBNA still not sent the SAR

My hubby have now received Claim Form from "County Court Business Centre", will forward the letter to Diana Mayhew and see whats the next step and also anyone's advise will be appreciated..

it says we have "14 days of the day service (or particulars of claim if served separately). The attached forms may be used for that purpose. The day of service is taken as 5 days after the issue date shown overleaf. Received the claim form yesterday 9th May and the claim form issue date is 7th May.

So worried, cannot think right (

Thank you!

bobo xx

[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

Morning all!

As I have been waiting for MBNA's SAR, I have completely forgotten about the letter from Drydensfairfax letter dated 11/3/19. MBNA still not sent the SAR

My hubby have now received Claim Form from "County Court Business Centre", will forward the letter to Diana Mayhew and see whats the next step and also anyone's advise will be appreciated..

it says we have "14 days of the day service (or particulars of claim if served separately). The attached forms may be used for that purpose. The day of service is taken as 5 days after the issue date shown overleaf. Received the claim form yesterday 9th May and the claim form issue date is 7th May.

So worried, cannot think right (

Thank you!

bobo xx

[Joanna Connolly Solicitors]

My hubby have now received Claim Form from "County Court Business Centre", will forward the letter to Diana Mayhew and see whats the next step . . .

So worried, cannot think right (

No need to be worried - I've replied to your email

Di