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Arrow Global Ltd BOS Court Claim Scotland

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  • Arrow Global Ltd BOS Court Claim Scotland

    Hi folks,

    Hoping for some advice please.

    I'm based in Scotland and have lived in numerous addresses over the years.

    Last week I came home to find a Walker Love note to say that they had a matter to discuss, a mobile number to call and the name was down as "the occupier". I ignored this note as it seemed suspicious to me/like fishing for info. It was similar to a courier note to say you weren't home so we missed you.

    I've come home today to find a large brown envelope, addressed to me containing a Form 6a Simple Procedure Notice of Claim against me from Arrow Global Limited in Manchester, through Walker Love regarding an old BOS debt for £2000.

    I believe this debt to be statute barred and am hoping for advice on what the next steps should be?

    Within the papers they've included the following.

    -Last payment made by respondent was March 2015 for £80 to Bank of Scotland CC.

    -Account defaulted on November 2015.

    -Arrow Global are claiming to have issued 3 letters and a phone call between end of May 2019 and middle of June 2019, to my old address that I was no longer staying at during this time, requesting to contact agent to discuss.
    They then note No response to the letters.

    -I have never received any letters from Arrow Global or made any communication with them, No phone calls, no response to letters.

    -And now all of a sudden I have Walker Love issuing Simple Procedure Claim papers against me.

    Surely this debt is now Statute Barred as my last payment was made over 6 years ago, and I have never made contact with numerous debt collection agencies chasing this debt.

    Thank you,

    A
    Tags: None

  • #2
    In Scotland Statute Barred is after 5 years.

    Comment


    • #3
      Originally posted by ostell View Post
      In Scotland Statute Barred is after 5 years.
      Ok thank you, this is what I thought.

      How should I respond to the court forms, in full disagreement and stating Statute Barred?

      Comment


      • #4
        Originally posted by Artistry View Post
        Hi folks,

        Hoping for some advice please.

        I'm based in Scotland and have lived in numerous addresses over the years.

        Last week I came home to find a Walker Love note to say that they had a matter to discuss, a mobile number to call and the name was down as "the occupier". I ignored this note as it seemed suspicious to me/like fishing for info. It was similar to a courier note to say you weren't home so we missed you.

        I've come home today to find a large brown envelope, addressed to me containing a Form 6a Simple Procedure Notice of Claim against me from Arrow Global Limited in Manchester, through Walker Love regarding an old BOS debt for £2000.

        I believe this debt to be statute barred and am hoping for advice on what the next steps should be?

        Within the papers they've included the following.

        -Last payment made by respondent was March 2015 for £80 to Bank of Scotland CC.

        -Account defaulted on November 2015.

        -Arrow Global are claiming to have issued 3 letters and a phone call between end of May 2019 and middle of June 2019, to my old address that I was no longer staying at during this time, requesting to contact agent to discuss.
        They then note No response to the letters.

        -I have never received any letters from Arrow Global or made any communication with them, No phone calls, no response to letters.

        -And now all of a sudden I have Walker Love issuing Simple Procedure Claim papers against me.

        Surely this debt is now Statute Barred as my last payment was made over 6 years ago, and I have never made contact with numerous debt collection agencies chasing this debt.

        Thank you,

        A
        As long as the default notice was compliant then they are in trouble if youve made no payments or acknowledgments in the last 6 years.

        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


        • #5
          Originally posted by pt2537 View Post

          As long as the default notice was compliant then they are in trouble if youve made no payments or acknowledgments in the last 6 years.
          The original default notice from BOS will have been back in 2015, I have never responded to any form of communications and have moved address 8 times since then.

          All the dates and facts are correct in my initial post so I'm not sure how they've managed to get it to this stage with no communication received?

          I've literally had no communication with BOS regarding the account, or the numerous debt agencies it was sold to.

          Are there any pointers on replying to the Scottish Court Form 4A?

          As far as I'm concerned it's Statute Barred and should never have gotten to this stage in the first place.

          Thank you.

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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