MBNA - Arrow Global - MoneyClaim.gov.uk

rdc_wwfc

Hi Everyone, I'm really stuck, and need some advice please.

A few years back I had a credit card with MBNA, which I thought I'd cleared the balance of, and closed.

Today, out of the blue I've had a Claim form from Arrow Global (Guernsey) via Blake Lapthorn (Portsmouth), it's directing me to money claim dot gov dot uk

I understand this letter to be a small claims court claim against me.

They're chasing £650 (+60 Court fee & + £70 solicitors fee)

I'm almost certain that I owe nothing. I've had no correspondence from MBNA in years, and nothing at all from Arrow Global or Blake Lapthorn.

Reading various posts on here, I think I should send them a CCA letter asking for a copy of the credit agreement & statement - is that right?

Also what should I do about this claim against me?

I've shredded all of my old statements (because it was so long ago - I think 2006/7), so can't prove anything.

I appreciate any advice you can send my way! Stress levels in my house have gone through the roof.

Rob

PS - I've had to write the url for MoneyClaim like that because I'm a new user.

sourcrates

Look in the stickies, at the top of this forum.
There is a template for a "provit" letter, this is what you should send them.
This asks them to prove the debt against you, don't send a CCA request as this admits the debt.
What are the options for the money claim against you ? (never dealt with them), I would assume you would defend the claim, if you know nothing about it.
Remember they have to provide evidence to the court that you are liable, they should also provide you with the same evidence.

rizla_king

Log on to moneyclaimonline with the password on the claim form. You will need to register first proabbly,

Then acknowledge the claim using that website saying you intend to defend it in full. That gives you 28 days rather than 14 to get facts together and sort out a proper defence to enter.

Make sure you dont actually enter a defence yet.

Probably find extra help on doing a deefnce on legalbeagles.info and consumeractiongroup

fatbelly

Sounds like you should have a statute barred defence (you haven't made a payment or made a written acknowledgement in over 6 years)

I agree with Rizla - They are geared up for this sort of thing on legalbeagles

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

rdc_wwfc

I'm struggling to find the right letter to send them, could anyone give the the link please?

Many Thanks
Rob

fatbelly

The most important thing is that you acknowledge service of the claim within 14 days (do it online) and get ready to put in a defence within 28

They will almost certainly ignore your letters as they are looking to get a judgement in default, which is what they get in most cases.

That's not saying you shouldn't send a standard CPR 31.14 (Request for inspection of documents disclosed in SOC) to the solicitor - you should. You could also do a cca request to the creditor. But it's best you use legalbeagles for support and templates. This may be overkill because from what you have said your defence is just 'I have not acknowledged this alleged debt by payment or in writing since (month year) and assert that this claim is statute barred under Section 5 of the Limitation Act 1980'

But there seems to be a trend for claimants to invent payments and to try to fob off the court. Until a few of them get a good slap from the authorities you do need to give them the full works.