shoosmith/arrow global threat of court in 14 days

[needadvise]

hy guys i am new on here so a big hello from me.

ok down to it , i received a letter today from shoosmith on behalf of arrow, asking me to get in touch with a repayment proposal, if they do not hear from me then without further letters, they will issue court proceedings against me
i have replied to both arrow and shoosmith, i sent the cca letter to arrow with one pound postal order, and sent letter to shoosmith letter stating that i had requested this information from arrow.

hopefully i have done this right, so could someone in the know please tell me i got things correct.

[charitynjw]

Re: shoosmith/arrow global threat of court in 14 days

Hi needadvice, welcome to LB.

What's the alleged debt for? (Credit card, overdraft, etc)

[needadvise]

Re: shoosmith/arrow global threat of court in 14 days

Hi needadvice, welcome to LB.

What's the alleged debt for? (Credit card, overdraft, etc)

i think it was credit card, cannot remember who card was with though.

[charitynjw]

Re: shoosmith/arrow global threat of court in 14 days

Ok
What was the letter that you sent to Shoosmith?

[warwick65]

Re: shoosmith/arrow global threat of court in 14 days

Hi

You have certainly done the right thing sending the CCA request to Arrow, don't worry too much if they write back saying they aren't the creditor blah blah blah, that is their usual bogus line.

Here is another letter I have used to send to a solicitor when I received a LBA . If you edit the bits in red . It might just put them on notice you aint going to be walked all over

One last question, roughly how much is the alleged debt , I mean roughly 0-5000. 5001-9999. 10000+ The amount might make a difference in how you deal with it and how they deal with it

Dear Sirs
Ref: xxxxxx
Thank you for your letter dated xx/xx/xx. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:
1. The original agreement
2. The Default Notice
3. The Deed of assignment
4. The Notice of assignment
5. Statements of account

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.
In addition a S78 request was sent on xx/xx/xx and I am waiting a response
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right

to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

[needadvise]

Re: shoosmith/arrow global threat of court in 14 days

Dear Sirs


Ref: xxxxxxxxxxxx




Thank you for your letter dated 26/MAY/2017. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”


Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:


The original credit agreement;
The Default Notice
The Notice of Assignment;
Statements of account;


These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under ss.77/78 on 30/MAY/2017 and I am awaiting a response.


I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.


Yours faithfully,


thats the letter i sent to shoosmith

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Hi

You have certainly done the right thing sending the CCA request to Arrow, don't worry too much if they write back saying they aren't the creditor blah blah blah, that is their usual bogus line.

Here is another letter I have used to send to a solicitor when I received a LBA . If you edit the bits in red . It might just put them on notice you aint going to be walked all over

One last question, roughly how much is the alleged debt , I mean roughly 0-5000. 5001-9999. 10000+ The amount might make a difference in how you deal with it and how they deal with it


to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

the alleged debt is for £745

[warwick65]

Re: shoosmith/arrow global threat of court in 14 days

Nice to see that letter is being useful. I didn't realise you had sent the pre action response.

Hopefully, they will not be able to produce the agreement and leave you alone but if they don't I am sure advice will be forthcoming

[needadvise]

Re: shoosmith/arrow global threat of court in 14 days

Just checked with royal mail thats both letters to shoosmith and arrow received and signed for..so lets see what they come back with

[MIKE770]

Re: shoosmith/arrow global threat of court in 14 days

some times Shoosmiths go quiet after a letter before action response - we shall see?

[needadvise]

Re: shoosmith/arrow global threat of court in 14 days

will keep you all posted

[needadvise]

Re: shoosmith/arrow global threat of court in 14 days

hi guys, just a quick update,
today i received two letters from shoosmiths, first one said , we refer to your letter above and my letter i sent on 1st december 2016 ?????? never sent letter on this date, telling me they have referred my request for documents to our client (arrow) they say they need 1 pound , they have put account on hold till documents are received.

second letter is just about the same but worded differently
but they still ask for 1 pound.
now what i cannot understand is i made the request myself to arrow with the 1 pound post order in the cca request
and sent the the pre action letter to shoosmith, so why are they asking me to pay a pound is it because they say they have made the request for documents.
do i just leave it now till arrow come back with documents or do i send another pound to shoosmiths

[warwick65]

Re: shoosmith/arrow global threat of court in 14 days

Hi
Two points I suspect
1) they use templates and the person who sent it out just didn't reset the date

2) You sent the CCA request to Arrow with the fee ( they will likely write back saying we do not think we are the creditor but will help blah blah , if they do just keep the letter as it proves they received your request)

3) You included a copy of the CCA request with your letter to Shoosmiths and said it was a copy . It just proves they do not read letters

From what i can see you have two options,
a) Write back saying it was a copy for info purposes only and you sent the CCA request to AG
b) Do nothing

If you can prove AG received your CCA request either because they respond or you have a proof of delivery from the post office- personally I would do nothing as you have sent a lawful cca request

If for some reason you can not evidence AG received your CCA come back and we can look at it again

[charitynjw]

Re: shoosmith/arrow global threat of court in 14 days

Did you make a note of the postal order reference number?

[needadvise]

Re: shoosmith/arrow global threat of court in 14 days

Did you make a note of the postal order reference number?

Ive got the receipt which i think has reference number on it..

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I sent letters signed for so i have proof arrow and shoosmith received them...so think i will just wait on arrow now...

[needadvise]

Re: shoosmith/arrow global threat of court in 14 days

Ok got letter from arrow today saying they are not creditors but will get paperwork from them. Meanwhile the account is on hold..