Arrow Global/Shoosmiths LLP Sheriff court claim v Marco Island

[nemesis45]

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.

Hello Marco,

Straight away a failure in the attempted "reconstituted" agreement jumps out it Must have your name and address as it was when the account was opened.

I agree it is not compliant with CCA 1974, nor would it be valid in court.

Have you done all the preliminaries, acknowledgment etc.?

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

I would personally try to stop this going to hearing;
A suggestion to send to Shoosmith.

Sir/ Madam

I refer you to Claim No. ............................: regarding the alleged debt for £......................: I am in receipt of a document (s) which is alleged to be a copy of the agreement relating to the alleged debt.

However on careful scrutiny of said document (s) it is clear ( I am sure you are aware) that the document (s) does not meet the requirements of CCA 1974, nor does is it compliant as a " reconstituted" agreement.

I suggest that you refer to your client and suggest that it withdraws its claim in the interest of saving costs and court time.

( you do not need to tell them what's wrong with the "recon" they already know, but hope you don't. Send by signed for post ad check delivery date).

You are spot on this is your defence if needed.

nem