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Arrow/Shoosmtiths v Rachel Cunningham

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  • Arrow/Shoosmtiths v Rachel Cunningham

    Issued 20/9/16
    Amount £1500
    Claimant Arrow
    Solicitors shoosmiths Edinburgh
    Original creditor MBNA cc
    Claiming I owe them monies from from contract 28/8/2009 of £1548.44 that account is in default that I have til 3/11/16 to reply and court set for 17/11/6
    no supporting paperwork
    Claim -
    1.The parties are as designed in the instance. The named defender resides at ****. The defender has been so resident for more than 3 months immediately preceding the raising of this action. The defender is domiciled there. This court accordingly has juristriction. There are no proceedings pending before any other court involving the present cause of action and between the parties hereto. No agreement exists progogating jurisdiction to another court.
    2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and **** dated 29/11/2012 the pursuers acquired the right to payment in respects of all debts and other monetary claims of any nature due to owing by the defenders to **** which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around date of assignation.
    3. The said contract between **** and the defender is dated 28/8/2009 and relates to credit card agreement with account number ****. The said account is in default and the sum due thereunder is due and payable now. As of the date hereof, the sum due in terms of the said agreement amounts to £1548.44 conform to copy statement of account which will be produced in any defended process to follow here on. In terms of the debt payment of the sums due on terms of the said statement of account vests in the pursuer.
    4. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. this action is accordingly necessary.

    Not statue barred I think - not sure what that means

    Cannot acknowledge claim on money claim as have not got the info required

    Have drafted CCA request to claimant and CPR request to claimants solicitors

    Have no supporting paperwork re the money - have moved house and think this debt was in my name but run up when I was just separating from husband and in financial difficulties -

    Where to go next please
    Tags: None

  • #2
    Re: Arrow/Shoosmtiths v Rachel Cunningham

    Bumping this ..... Unsure what to do as NO stamp on sheriffs claim and postmark is from shoosmiths ......

    Comment


    • #3
      Re: Arrow/Shoosmtiths v Rachel Cunningham

      Also when trying to register on MCOL I do not have required info ie have a summons number but no password.

      Comment


      • #4
        Re: Arrow/Shoosmtiths v Rachel Cunningham

        Originally posted by Selig73 View Post
        Also when trying to register on MCOL I do not have required info ie have a summons number but no password.
        Can MCOL be used for this?
        Types of claim you can make onlineIf you are issuing your claim using MCOL it must be:
        .....
        .....
         served to a defendant or defendant(s) with an address in England or Wales
        http://www.justice.gov.uk/downloads/...tart-guide.pdf
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

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