Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

[Marco Island]

Hello to all. First timer needing help here please !

A claim from Sheriff court arrived 19/07/14 and was signed for by a painter working on outside of my house. I returned home on 23/07/14 from leave to find letter so I have lost a few days to get my action plan sorted. Claim form is for £6300 for a credit card i got from Abbey National in 1993. Managed comfortably for many years with it until around 2008 when APR rates on account started going up horrendously. MBNA said there was nothing they could do!!! Unable to shift debt it just kept getting worse and I then struggled.( This happened with other cards too.) looking back now they all did the same thing at the start of the financial crisis.

I contacted National Debtline who got me to send off a Prescribed letter & CCA request letter to DCA. This was sent recorded to Arrow and copy to Shoosmith. ( I am unsure actually when I last made a payment to account.)

Questions I ask as for help with as I have to respond to court by 09/08/14.

1. What action should I take with court form whilst I await DCA response ?
2. Admit? Ask for time to pay order? Defend the claim? (Defence fee is £87 on return of form to court)
3. No account number on claim form, just the amount stated and solicitor says they have the agreement papers ready to provide in court if I defend. (Should these have been sent to me with the claim?)
4. Do I call DCA or Shoosmiths or await their response? (they have 12 working days to reply but I have to respond sooner than that to the court)
5. What might or might not they respond with?
6. Will copy of CCA file arrive? Yes or No what do I do?
7. Anything I have missed and/or should have done or needed to send?

Clock is ticking and time limits concern me most.

Please can anyone help me and quickly point me in the the right direction?

thanks


Marco Island

[ironman]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

you do realise you have 14 days to acknowledge the claim from the date of the claim

You said you received it on the 19/07/2014

What is the date on the claim form??

[FlamingParrot]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

you do realise you have 14 days to acknowledge the claim from the date of the claim

You said you received it on the 19/07/2014

What is the date on the claim form??

This is a Scottish claim and the rules for the Northampton Bulk Centre do not apply. In Scotland, the claim form would have a return date which the OP says it's the 9th of August.

A claim from Sheriff court arrived 19/07/14 and was signed for by a painter working on outside of my house. I returned home on 23/07/14 from leave to find letter so I have lost a few days to get my action plan sorted. Claim form is for £6300 for a credit card i got from Abbey National in 1993. Managed comfortably for many years with it until around 2008 when APR rates on account started going up horrendously. MBNA said there was nothing they could do!!! Unable to shift debt it just kept getting worse and I then struggled.( This happened with other cards too.) looking back now they all did the same thing at the start of the financial crisis.

I contacted National Debtline who got me to send off a Prescribed letter & CCA request letter to DCA. This was sent recorded to Arrow and copy to Shoosmith. ( I am unsure actually when I last made a payment to account.)

Questions I ask as for help with as I have to respond to court by 09/08/14.

[FlamingParrot]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Hello to all. First timer needing help here please !

A claim from Sheriff court arrived 19/07/14 and was signed for by a painter working on outside of my house. I returned home on 23/07/14 from leave to find letter so I have lost a few days to get my action plan sorted. Claim form is for £6300 for a credit card i got from Abbey National in 1993. Managed comfortably for many years with it until around 2008 when APR rates on account started going up horrendously. MBNA said there was nothing they could do!!! Unable to shift debt it just kept getting worse and I then struggled.( This happened with other cards too.) looking back now they all did the same thing at the start of the financial crisis.

I contacted National Debtline who got me to send off a Prescribed letter & CCA request letter to DCA. This was sent recorded to Arrow and copy to Shoosmith.

I had a very similar experience with MBNA who bought my old A&L card from around the same time as yours and increased the rate to nearly 36% in 2009!!! :mad2: :rant:

I stopped paying in Feb 2010 and sent a CCA request. MBNA were quick to reply saying they were not able to retrieve a copy from the A&L and I've not heard a peep in over 21/2 years, not even a notice of assignment. It is very possible there is no agreement for yours either. :thumb:

Did you ever receive a notice of assignment?

( I am unsure actually when I last made a payment to account.)

Could this have been some time in early 2009? In Scotland SBd is just five years. :grin:

Questions I ask as for help with as I have to respond to court by 09/08/14.

1. What action should I take with court form whilst I await DCA response ?
2. Admit? Ask for time to pay order? Defend the claim? (Defence fee is £87 on return of form to court)

Given what I say above with regards with old credit cards purchased by MBNA from other banks, I'd be inclined to defend. :thumb:

If you choose any other option, you'll very likely end up with a CCJ! :scared:

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

I had a very similar experience with MBNA who bought my old A&L card from around the same time as yours and increased the rate to nearly 36% in 2009!!! :mad2: :rant:

I stopped paying in Feb 2010 and sent a CCA request. MBNA were quick to reply saying they were not able to retrieve a copy from the A&L and I've not heard a peep in over 21/2 years, not even a notice of assignment. It is very possible there is no agreement for yours either. :thumb:

Did you ever receive a notice of assignment?
Could this have been some time in early 2009? In Scotland SBd is just five years. :grin:

Given what I say above with regards with old credit cards purchased by MBNA from other banks, I'd be inclined to defend. :thumb:

If you choose any other option, you'll very likely end up with a CCJ! :scared:

Its a Form 05 Citation.

Court issue date 15/07/2014
Arrow/Shoosmith letter dated 18/07/2014
Received 19/07/2014
My response letters to pursuers 23/07/2014
Final deadline to Sherriff Court is 09/08/2014

Cannot say if I have ever received any assignment letter from pursuers.

I think last payment may have been late 2010 as I called MBNA away back about 2009 to voice my disgust at the rates and huge unaffordable minimum repayments.

My gut instinct is to defend this action as I believe they do not have CCA papers and wont or cant provide evidence of this as I took out this card in an Abbey National branch over 20 years ago. (This is what I would have to base my defence on.)



Marco

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Its a Form 05 Citation.

Court issue date 15/07/2014
Arrow/Shoosmith letter dated 18/07/2014
Received 19/07/2014
My response letters to pursuers 23/07/2014
Final deadline to Sherriff Court is 09/08/2014

Cannot say if I have ever received any assignment letter from pursuers.

I think last payment may have been late 2010 as I called MBNA away back about 2009 to voice my disgust at the rates and huge unaffordable minimum repayments.

My gut instinct is to defend this action as I believe they do not have CCA papers and wont or cant provide evidence of this as I took out this card in an Abbey National branch over 20 years ago. (This is what I would have to base my defence on.)



Marco

Arrow have responded back this morning saying as I last made a payment Dec 2010 then it is not a Prescribed debt.

They also replied to my CCA letter by returning my £1 that I sent with my request letter for this information.

Any idea on my next move?

Marco

[Amethyst]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Have they said why they have returned your CCA request?

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Have they said why they have returned your CCA request?

Arrow replied stating that they have 2 accounts of mine (although only 1 account is being claimed in court) and they say they are unable to accept that the debts meet the provisions of the Limitation scotland act 1973 as I have made payments to accounts late 2010.

Here is what Arrow then stated in reply letter about CCA request.

"we also acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.
We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

Both accounts are currently managed by Shoosmith's on behalf of AGGL. We will deal with this document request only and all further enquiries should be directed to them.

We return the payment of £1.00"


what do I do next ?

Marco

[FlamingParrot]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Arrow replied stating that they have 2 accounts of mine (although only 1 account is being claimed in court) and they say they are unable to accept that the debts meet the provisions of the Limitation scotland act 1973 as I have made payments to accounts late 2010.

Here is what Arrow then stated in reply letter about CCA request.

"we also acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.
We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course.

Both accounts are currently managed by Shoosmith's on behalf of AGGL. We will deal with this document request only and all further enquiries should be directed to them.

We return the payment of £1.00"

what do I do next ?

That's a standard template letter used by Arrow to respond to CCA requests. A rather silly response when you consider that, if they weren't the creditor, they wouldn't have the right to take you to court. :rant: Having said that, they say they are "willing to assist" and will process your request and obtain the documents this time only. That means you don't have to do anything, you've got it in writing that they will liaise with MBNA. There's no need to chase this request as non compliance can be used in your defence.

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

That's a standard template letter used by Arrow to respond to CCA requests. A rather silly response when you consider that, if they weren't the creditor, they wouldn't have the right to take you to court. :rant: Having said that, they say they are "willing to assist" and will process your request and obtain the documents this time only. That means you don't have to do anything, you've got it in writing that they will liaise with MBNA. There's no need to chase this request as non compliance can be used in your defence.

Hello again FP


I'm ready to return my defence papers to court. Non-compliance is my way forward.


I find it incredible that there is a £1.00 charge for a CCA request and then the DCA return my payment but still say they are willing to assist with the request.


Why? (Is this a free service now???)


Should I contact Shoosmiths to request a CPR or any papers that they claim they hold against me? Or do I wait this one out after I submit my defence papers?


MARCO

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Hello again FP


I'm ready to return my defence papers to court. Non-compliance is my way forward.


I find it incredible that there is a £1.00 charge for a CCA request and then the DCA return my payment but still say they are willing to assist with the request.


Why? (Is this a free service now???)


Should I contact Shoosmiths to request a CPR or any papers that they claim they hold against me? Or do I wait this one out after I submit my defence papers?


MARCO

Form stating I intend to defend claim returned to local Sheriff court (Scotland)
Return date deadline was 9th August
What do I do now?


Still no reply from Arrow regarding CCA request.


Do I need to contact Shoosmith LLP to request any more information by submitting a CPR request or is that not necessary in a Scottish case or do i contact Arrow again?
Feel a bit lost just now so any help would be gratefully received


Marco

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Still not received copy of CCA request from Arrow Global. I asked for that on 25/07

i have to file defence case papers to sheriff court (scottish case) by thurs 02/10/14.

Is there a letter template on here that I can use to state defence of non-compliance? Or do I send a letter personally to court or do I need to do this via a solicitor's letter?

thanks in anticipation
marco

[IanG]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Marco, I received an almost identical letter yesterday. I was wondering if you had had any further contact with Arrow/Shoosmiths or the court. When you filed the defence papers did you have to pay £90 to the court?

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Marco, I received an almost identical letter yesterday. I was wondering if you had had any further contact with Arrow/Shoosmiths or the court. When you filed the defence papers did you have to pay £90 to the court?

Hi Ian
Not been on here for a while. Sorry about delay but yes I did pay £90 to court.

i hired solicitor to defend case. No proof/evidence such as original CCA etc was ever produced by Arrow. They said in original writ they had all this and that it would be produced in court against any defence. At first hearing they said they needed more time to get original CCA and at the second hearing yesterday case was found in my favour and subsequently dismissed. I have been awarded expenses too against ARROW. Hopefully they don't appeal but why would they when they don't show at court and don't provide any proof !!

Always defend I was told earlier in this thread. Never has a truer word been spoken.

Thank you Flaming Parrot for your help. Gave me the confidence to defend.

Good luck

[Marco Island]

Re: Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

Hello all
Sorry but Not been on site since case won & dismissed.
They pursuer simply did not turn up physically in court nor did they ever supply any evidence at all with copies of default,assignment,original CCA etc when requested.


They have however made another claim which is due in court in a couple of weeks


This time they have sent a photocopy page with my signature and a 2003 date. This is a fairly poor copy and has no reference to said account number at all. It is NOT certified as a true copy. It just has the Data protection info etc. Also supplied is a copy of t&cs but again this makes no reference to said account. Also these t&cs have a later address showing on it. I have moved house twice since original date.
The copy of account I allegedly signed for and the t&cs do not correspond together. These contain different APRs. (I would NEVER have signed for that rate of APR)
Where is the copy of original t&cs when I signed? I believe that a creditor must supply the original t&cs as they were when the agreement was executed and must supply a copy of original along with any change. The APR terms on original are different (lower) than what is on the later t&cs


I do not believe that they have been compliant with the CCA1974 and this is my defence that I take to court.

If I have missed anything then please let me know.


Any help and advice again would be much appreciated

Thanks

M