shoosmiths arrow global

[lenron]

I have a question to ask about shoosmiths for the past 12 months they have been sending letters saying they are acting on behalf of arrow global with regard to collecting an mbna debt for £7500 I have 1 letter from shoosmiths with all the correct account numbers but say the debt is with vodaphone. finally I sent an letter shoosmiths saying basically I do not acknowledge I owe them any money or have ever held an account with shoosmiths arrow global or vodaphone but saying I have an account in dispute with mbna. shoosmiths responded with a letter saying they are no longer instructed in this matter please address all further correspondence to arrow global, 2 days latter I received a claim form from Northampton court issued by Jim Taylor from shoosmiths the claim is dated 2 days after the no longer instructed letter , since then I have received a letter from Arrow global telling me that they have changed their solicitors and are acting for them self! any help will be appreciated

[labman]

Re: shoosmiths arrow global

Have you received any documentation from the court now with the POC?

[lenron]

Re: shoosmiths arrow global

Thank you for the quick reply labman, sorry but I haven't got a clue what POC means! I have filed a defence and allocation questionnaire, and at the moment the judge has ordered a stay until the first week in February, I have sent letters to shoosmiths request them to prove I owe them money and they have not responded. thank you for your help

[lenron]

Re: shoosmiths arrow global

ok just been looking for poc, particulars of claim is on the claim form and yes I have received it.. the main thing I ask about is the solicitor acting while not instructed, that to me breech's the data protection act 1998.

[labman]

Re: shoosmiths arrow global

Thing is, it was all within a very tight timescale - a day or two. Was there an overlap of letters? I doubt this would have been deliberate, and there is probably a simple explanation, such as the one given above.

[FlamingParrot]

Re: shoosmiths arrow global

Arrow Global bought lots of MBNA debts last year, and issued claims for many of them. What was the situation with this account?t Did you ever ask MBNA for a copy of your credit agreement (CCA request)? As the balance is over the small claims threshold, depending on the circumstances, you could get legal representation on a no-win-no-fee basis. There are members on here who work for one such firm of solicitors, you may want to PM Celestine (site admin) asking for a referral to Watsons.

[labman]

Re: shoosmiths arrow global

If you are representing yourself, and intend to continue to do so, please read the attached.

[lenron]

Re: shoosmiths arrow global

hi thanks for the info so your saying shoosmiths sending a letter stating they are no longer instructed in this matter and then issuing a claim form 2 days later wont get the claim set a side!!! then I would expect arrow global to issue a new claim in their own name.

[labman]

Re: shoosmiths arrow global

You may be right, I don't know for sure, but here's my thinking.

You are currently representing yourself, you could now choose to have a solicitor.

Say you were making the claim, you could instruct the solicitor, they'd issue the claim, then get rid of the solicitor, pay for work done and continue yourself.

The fact is a claim has been issued. To me, it doesn't matter when or who by, if the claim is a valid claim, you need to defend it. You are perfectly within your rights to apply for it to be set aside (click bailiffs tab at top, then Useful Links in stickies and you'll get the right form), but in my opinion it would not be successful if the claim is live and valid as it appears to be.

This is purely my opinion, though. Others may think differently.

[lenron]

Re: shoosmiths arrow global

yes obtained a CCA from mbna and also a SAR request.

[FlamingParrot]

Re: shoosmiths arrow global

Did you or someone with good knowledge check your MBNA CCA for enforceability? Did you get a DN from MBNA? Do you know whether it was compliant? A lot of MBNA DNs are not, and quite a few of their agreements are unenforceable.

If I was in your position I'd look at the possibility of getting legal representation as noted above, taking advantage of the fact that the sum is above the small claims limit. There's a member here who works for a firm of consumer solicitors and they have won a quite a few cases based on unenforceability, notably this one ---> http://www.bbc.co.uk/news/business-17670803 where the defendant is also an active LB member. :bounce:

[lenron]

Re: shoosmiths arrow global

ok thanks very much I will be looking in to it.

[labman]

Re: shoosmiths arrow global

FP is referring to Watsons of Llandudno (http://www.watsonssolicitors.co.uk/ ) I guess it's worth talking to them, you have nothing to lose.

[FlamingParrot]

Re: shoosmiths arrow global

Thanks Labamn! :yo: I wasn't sure whether I was allowed to post a direct link to them like that,:twitch: I was previously on another forum where you had to go through forum admin to arrange a referral.

[labman]

Re: shoosmiths arrow global

No problem posting links here!