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JustWhatINeed Vs Arrow Global / Shoosmiths

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  • JustWhatINeed Vs Arrow Global / Shoosmiths

    Issue Date 20th September

    1. The claimants claim is for the sum of £2671.24 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account (bank account number 111111111111) with HBOS PLC.

    The debt was assigned to the claimant on 20/11/2013 and notice of the assignment provided to the defendant, pursuant to the law of property act 1925.


    2. Payment of the above sum has been requested , but as at the date of hereof refused.
    3. The claimant claims the sum of £2671.24
    4. C has complied , as far as is necessary, with the pre-action conduct practice direction.

    __________________________________________________ ____________________

    This is an old debt, it was showing on my credit report for years as expiring on the 31/08/2017 . It had since vanished off my file when i checked equifax.


    I have never made a payment since the account defaulted with HBOS and strongly believe it is statue barred although i do not have the actual date other than what was registered on my file for years 31/08/2017.


    I have never acknowledged the debt in writing.


    I called Shoosmiths many months ago and they said they would put my account on hold for one month to work out my income and expenditure. I did not call back and the 31st of Aug came and past.


    I received a letter from Shoosmiths around the 8th of September dated August the 31st (late delivery?) Saying i will not hear from them again if i do not contact them and they may issue a CCJ.


    I wish to find out whether or not i legally owe this money and pay it if it is legally owed or get the claim cancelled.


    Any help more than appreciated.

    How do i approach this on the money claim site.

    I do not want a CCJ against me.
    Tags: None

  • #2
    Re: JustWhatINeed Vs Arrow Global / Shoosmiths

    Hi & welcome to LB.

    You need to at least acknowledge the claim within 19 days of the claim issue date. (See the link at the top of this thread for details).

    This will give you a bit more time (33 days from claim issue date) in which to formulate & file a suitable defence.
    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


    • #3
      Re: JustWhatINeed Vs Arrow Global / Shoosmiths

      Hi, I've just signed up to money claim and acknowledged it, defending the whole claim.

      What's the next step?

      Does it help to act sooner or wait a bit before submitting anything else?


      Thanks.

      Comment


      • #4
        Re: JustWhatINeed Vs Arrow Global / Shoosmiths

        I was wondering if anyone can tell me whether i should be asking the solicitors for what documents they hold related to the account?

        A cpr 314 although it doesn't seem they mention any documents in their particulars? So i'm unsure.

        If i defend this and ask them to provide the proof that i owe it. Do i get time to pay before the CCJ or is that it you just end up with a CCJ?

        Comment


        • #5
          Re: JustWhatINeed Vs Arrow Global / Shoosmiths

          adjust CPR31.14 to list particulars mentioned in claim any other documents you want comes later on in the claim not now/

          CPR 31.14 Request Letter

          Comment


          • #6
            Re: JustWhatINeed Vs Arrow Global / Shoosmiths

            You can ask for the notice of assignment - I would also ask for the deed
            I would also ask for the overdraft agreement - they cam only say no

            I would also send a SAR to HBOS to find out exactly the details, when was it defaulted , when was the account closed etc because it is looking quite close to SB and is certainly part of the defence I would be running.

            Comment


            • #7
              Re: JustWhatINeed Vs Arrow Global / Shoosmiths

              Originally posted by JustWhatINeed View Post
              pay it if it is legally owed or get the claim cancelled.

              If this was an overdraft, it may be that the charges are unfair, and if so, then you may not only be able to fight the Claim but also bring an unfair relationship challenge under s140A CCA 1974

              I prefer to follow this line of attack rather than just defending the claim as if nothing else it gives you a great negotiating position.

              I defended a debt purchasers claim around 5 months ago now, we ran the unfair relationship challenge and not only got the debt discharged by court order, but got over £1k in charges back along with costs.
              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

              If you need to contact me please email me on Pt@roachpittis.co.uk .

              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

              You can also follow my blog on consumer credit here.

              Comment


              • #8
                Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                A quick question: is the Claimant named as Arrow Global Ltd or Arrow Global (Guernsey) Ltd?

                Di

                Comment


                • #9
                  Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                  Originally posted by pt2537 View Post
                  If this was an overdraft, it may be that the charges are unfair, and if so, then you may not only be able to fight the Claim but also bring an unfair relationship challenge under s140A CCA 1974

                  I prefer to follow this line of attack rather than just defending the claim as if nothing else it gives you a great negotiating position.

                  I defended a debt purchasers claim around 5 months ago now, we ran the unfair relationship challenge and not only got the debt discharged by court order, but got over £1k in charges back along with costs.
                  Hi

                  The original overdraft was 2100. On top of that agreed overdraft there was bank charges on top, and interest.

                  I remember getting letters from Halifax that said i was being charged 25£ for a bill they paid for me, as well as 25£ for a bill they didn't pay. This was i think before the account spiraled into being unplayable for me. So yes i'd say some of this money is bank charges.

                  Some interesting points have been raised here but i fear i'll make mistakes trying to deal with it myself.

                  I am going to order the SAR i will post that off tomorrow. I have the account number now thanks to shoosmiths and remember the branch.

                  If i defend this now, and lose the case, do i then get chance to pay? Is it 28 days? To pay the money and avoid a CCJ? Sending for a SAR is probably going to be hit and miss i see a lot of people on the internet saying it takes way longer than 40 days.

                  Also, how much would it cost for someone here to help write a defense and advise me as it goes along. I don't expect too much of anybodies time , but i'd like to formulate a better defense than i think this is statute barred. And avoid writing things that aren't relevant.

                  Thanks to everyone whose already contributed.

                  - - - Updated - - -

                  Arrow Global Limited. Diana.

                  Comment


                  • #10
                    Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                    Originally posted by JustWhatINeed View Post
                    but i'd like to formulate a better defense than i think this is statute barred..
                    Statute Barred is an absolute Defence so focus on researching that possibility while at the same time putting pressure on the Claimant to prove that they've complied with all their statutory obligations.

                    Di

                    Comment


                    • #11
                      Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                      This is what ive listed on the cpr 314 as info i want from what i have seen here.

                      1. Particulars of Claim
                      2. Notice Of Assignment
                      3. Deed
                      4. Overdraft Agreement

                      I don't understand what the bit in red is about, enclosing a copy and sending 1£

                      Or what date to put where it says filing my defence on.

                      And thanks Diana i just hope it is. I can't see why it wouldn't be, who entered the 31st of Aug , im guessing maybe they take their chances and hope people just pay up.

                      Comment


                      • #12
                        Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                        Originally posted by JustWhatINeed View Post
                        This is what ive listed on the cpr 314 as info i want from what i have seen here.

                        1. Particulars of Claim
                        2. Notice Of Assignment
                        3. Deed
                        4. Overdraft Agreement

                        And thanks Diana i just hope it is. I can't see why it wouldn't be

                        Next stop Part 18 Questions?

                        Di

                        Comment


                        • #13
                          Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                          This is what i've asked for on the SAR


                          · When did you default the mentioned account number
                          · When was the account closed
                          · When did you request the account be paid in full
                          · When did you withdraw the overdraft facility

                          I will send that off today.

                          I just need to know what date to put down as my defence on the cpr 314 and whether i need to send one pound?

                          Comment


                          • #14
                            Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                            Ok i just went post office and send the SAR recorded delivery with a ten pounds postal order.

                            Comment


                            • #15
                              Re: JustWhatINeed Vs Arrow Global / Shoosmiths

                              Originally posted by JustWhatINeed View Post
                              This is what i've asked for on the SAR


                              · When did you default the mentioned account number
                              · When was the account closed
                              · When did you request the account be paid in full
                              · When did you withdraw the overdraft facility

                              I will send that off today.
                              I normally just ask for all data held & pick the bones out of what is sent to me.

                              I just need to know what date to put down as my defence on the cpr 314 and whether i need to send one pound?
                              No fee necessary with CPR 31.14.
                              Defence date is 33 days from court claim issue date if issued via MCOL.
                              ####
                              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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