CC summons for unknown aged debt

clarkkent76

Hi all,

I've simultaneously received a letter from a solicitor acting on behalf of "Arrow Global, Guernsey" advising me of a debt owed to MBNA Europe for about £650, and a county court summons from Northampton claiming the same debt.

The letter gives no great detail, but does allude to a "discount" if I contact them to pay now.

The claim form states the claim relates to a credit account "passed to the claimant in June 2007".

I've had a few letters from these people in the last 4-5 years and always been advised to ignore them s they came with no detail on the supposed date and seemed unenforceable

This seems like a shakedown to me. Should I complete the form to defend the judgement on the grounds that I don't recognise or acknowledge the debt and believe it to be statue barred? I clearly can't ignore this now.

For context, I had poor credit habits as a young man up to around 10 years ago. Since then I have a perfect credit file and recently obtained my first mortgage.

Any advice greatly appreciated.

Clark

fatbelly

clarkkent76 wrote: »

The claim form states the claim relates to a credit account "passed to the claimant in June 2007".

I've had a few letters from these people in the last 4-5 years and always been advised to ignore them s they came with no detail on the supposed date and seemed unenforceable

This seems like a shakedown to me. Should I complete the form to defend the judgement on the grounds that I don't recognise or acknowledge the debt and believe it to be statue barred? I clearly can't ignore this now.

Yes, absolutely.

If you haven't acknowledged this as your debt by payment or in writing, since June 2007, then it's at least six months statute barred.

Put the defence in online within 14 days.

FireWyrm

clarkkent76 wrote: »

Hi all,

I've simultaneously received a letter from a solicitor acting on behalf of "Arrow Global, Guernsey" advising me of a debt owed to MBNA Europe for about £650, and a county court summons from Northampton claiming the same debt.

Hmm...phone the court. Advise them that this company have not proved this debt is yours.

clarkkent76 wrote: »

The letter gives no great detail, but does allude to a "discount" if I contact them to pay now.

The debt is unenforceable then and they know it.

clarkkent76 wrote: »

The claim form states the claim relates to a credit account "passed to the claimant in June 2007".

What does it say on your credit file? Does this debt exist?

clarkkent76 wrote: »

I've had a few letters from these people in the last 4-5 years and always been advised to ignore them s they came with no detail on the supposed date and seemed unenforceable

But did you recognise the debt or not? Is it a case of fraud in your name, or just a debt that crawled out of the woodwork long after you had changed the way you handle your finances?

clarkkent76 wrote: »

This seems like a shakedown to me.

Probably, but I would want to confirm the voracity of the supposed 'court' papers.

clarkkent76 wrote: »

Should I complete the form to defend the judgement on the grounds that I don't recognise or acknowledge the debt and believe it to be statue barred? I clearly can't ignore this now.

Complete the form to defend, NEVER ignore these. Your defence is that this debt is unknown, end of.

clarkkent76 wrote: »

For context, I had poor credit habits as a young man up to around 10 years ago. Since then I have a perfect credit file and recently obtained my first mortgage.

Chances are, this isnt even on your credit file, but if they succeed in getting a CCJ because you didnt defend it, all your good work goes up in smoke.

geoffky

Is it stamped or just a form that has been filled in and not served to court?

stevemLS

Do not phone the court. This cannot be dealt with over the phone.

If the claim form has been received direct from Northampton (the bulk processing centre), the proceedings have been issued.

You must file Acknowledgement of Service within 14 days and Defence within a further 14 days otherwise they will get Judgment in Default.

fatbelly

stevemLS wrote: »

Do not phone the court. This cannot be dealt with over the phone.

If the claim form has been received direct from Northampton (the bulk processing centre), the proceedings have been issued.

You must file Acknowledgement of Service within 14 days and Defence within a further 14 days otherwise they will get Judgment in Default.

Or just go straight in with the defence - it seems straightforward.

stevemLS

Either, providing *something* is done within 14 days and not by phone!

rizla_king

Defend as advised. Dont and you will get a cj.

clarkkent76

Many thanks for all the advice.

One further question if I may?

I've registered to enter my defense online, and then wondered if I should use some sort of template.

Looking round this and other forums, a lot of people use templates with many legal clauses which look very professional. However, the moneyclaim website only seems to allow 150 lines for your defense information so I'm not sure these would fit!

Is it necessary to use a full "legalese" defense statement, or can I just send the following;

"The claim form refers to an agreement between myself (defendant)!
and MBNA Europe Bank Limited which was assigned to the claimant on!
11/06/2007.

I have no knowledge of any agreement with the above named bank,!
nor do I acknowledge responsibility for any debt resulting from!
such an agreement. I would request that the claimant provide!
signed documentary evidence, such as a credit agreement, in order!
to identify the legitimacy of the debt. Further, I would request!
that they supply sufficient proof that any such debt has been!
assigned to them in a legitimate and legal way.

The claim provides no detail as to how the amount of the claim has!
been calculated. I would request that this be provided in the!
event that the claimant is able to prove the legitimacy of the!
debt.

Additionally, as the date referenced by the claimant as the!
originating date of debt is greater than 6 years and no!
acknowledgement of this debt has been made by myself in this!
period, I believe this debt to be statute barred and no longer!
enforceable even if legitimacy can be demonstrated."

Thanks again in advance.

Clark

clarkkent76

without all the exclamation marks obviously...odd...

rizla_king

Can't see why putting it in plain English like that would be any problem? I bet judges get fed up of amateurs trying to use legal language.