Arrow Global / Shoosmiths V me

[smasher21]

Good evenin all

firstly please excuse my panicking post :-(

while visiting my parents tonight they noted I had recieved a letter from the sheriff court (thankfully they didn't cotton on) which was a small claims summons for money owed to a store card totalling £814.

I do owe this money - I'm just unsure if what to do next. I'm paying back a number of debts at the moment after finally getting my act together in the past few months. I entered into a payment plan with this company in February but only made 1 payment due to ill health (miscarriage and operatin due to complications).

I cannot not afford to pay this in one go but can spread it over 4-5 monthly payments. Do you think this is liekly to be accepted? I'm really worried - I've avoided a CCJ until now - any advice greatly appreciated.

sleepless night ahead :-(

s x

[Amethyst]

Re: Arrow Global / Shoosmiths V me

Hi smasher and welcome to the forum, Please don't have a sleepless night it's all sort outable and there's very little they can do to you.

When is the Return date on the form?

You need to send a CCA request to the Claimant (as they are the creditor) to ask for a copy of the original credit agreement. http://www.legalbeagles.info/forums/...y-of-Agreement If they do not provide a compliant copy, or any copy, then they are unable to enforce the claim in court and you have a defence. If they do supply it you will be able to make a reasonable offer to pay based on your circumstances and income/expenditure.

4 to 5 months sounds very reasonable to me, with such a short time frame (IF it is affordable for you and you will be able to keep the payments up) you might be able to negotiate with the claimant to settle without going through the court system and agree with them to keep the case on hold until it is paid up (so they have that as security) then discontinue it as settled without you having to have the CCJ on your record. Downside being if you failed on a payment, they could just ask for judgment and you'd be back at square one.

[smasher21]

Re: Arrow Global / Shoosmiths V me

Hi Amethyst

thanks so much for your reply. The return date one the form is 8/01/15 and hearing date 22/01/15.

No they didn't enclose the CCA - I acknowledged the debt back in February. Do you think it's still worth requesting this?

I have already filled in the court form I'm that panicky! I was going to ask if I could have time to pay.

s x

[Amethyst]

Re: Arrow Global / Shoosmiths V me

Well you have a bit of time, so I think you should send the CCA request off and see if they respond over the next month and go from there. If they are unable to supply it then it would put you in a stronger position to negotiate directly with them and get an out of court settlement cracked.

So no mad panic, and really try not to worry ok xxx I know easier said from this side of the internet when I don't have the official forms in my hands, but really, we'll help you as much as we can, and there's always someone about to have a rant to or ask questions xxxx

[smasher21]

Re: Arrow Global / Shoosmiths V me

Ok - I'll get on to that request tomorrow.

Im so naive with these things - if I paid the full amount of £814 by say the end of December would anything else happen?

Your definitely putting my mind at ease....thanks for being so kind!

s x

[Amethyst]

Re: Arrow Global / Shoosmiths V me

If you pay it all before the return date then I believe the claim will just be discontinued.


Scots court service says;

ADMIT LIABILITY FOR THE CLAIM and settle it with the pursuer now.

If you wish to avoid the possibility of a court order passing against you, you should settle the claim (including any question of expenses) with the pursuer or his representative in good time before the return day. Please do not send any payment direct to the court. Any payment should be made to the pursuer or his representative.

[Amethyst]

Re: Arrow Global / Shoosmiths V me

And no problem at all xxx ( Though I am going to bed now - try get some sleep and not worry too much )

If you like we can have a bit of a look at the rest of your debts etc over next few days see if there's anything you should be doing to get them sussed.