Shoo smiths/arrow statute barred claim

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

Personally, I don't see any reason to reply. If you are sure it's SBd then you can go ahead and submit a SBd defence, up to you if you want to follow the usual process of requesting documents so you can have a back-up plan if it turns out not to be SBd as other posters have done. :decision:


The courts don't have information to establish whether something is SBd or not without hearing the case. It could be argued that their decision to proceed (should that be the case) with a SBd case constitutes abuse of process.

Thank you for your replies. I'm going to request documents anyway but it won't delay my defence. I'm as sure as I can be, has anyone had these cases dropped and had a successful outcome with a complaint with the ombudsman?

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

Thank you for your replies. I'm going to request documents anyway but it won't delay my defence. I'm as sure as I can be, has anyone had these cases dropped and had a successful outcome with a complaint with the ombudsman?

**update**

i filed my aos and sent shosmiths an email requesting documents. Denying the debt and stating it is statute barred.


Today day I received a letter saying they are requesting documents but account is on hold. I telephoned shooosmiths to ask what this meant as my defence is due soon and the file handler seemed very junior. She had no idea what difference is between an aos and defence, confirmed account was 11 years old with a last payment noted as sept 2008 and then stated this is statute barred then isnt it. Her exact words followed by we have to follow our clients instructions.

ill continue with my defence can I site this call in my defence? And then assuming they now drop this a complaint to the ombudsman? Clearly knew this was statute barred and still issued proceedings.

[FlamingParrot]

Re: Shoo smiths/arrow statute barred claim

**update**

i filed my aos and sent shosmiths an email requesting documents. Denying the debt and stating it is statute barred.

Today day I received a letter saying they are requesting documents but account is on hold. I telephoned shooosmiths to ask what this meant as my defence is due soon and the file handler seemed very junior. She had no idea what difference is between an aos and defence, confirmed account was 11 years old with a last payment noted as sept 2008 and then stated this is statute barred then isnt it. Her exact words followed by we have to follow our clients instructions.

ill continue with my defence can I site this call in my defence? And then assuming they now drop this a complaint to the ombudsman? Clearly knew this was statute barred and still issued proceedings.

Don't believe letters saying the account is 'on hold', people have got default judgment against them after receiving such letters which are just templates they use and do not refer to the specific case.

The person you spoke to may have been just a secretary/receptionist and not a lawyer. They shouldn't be discussing the cases if they're not qualified. :rant:

You still need to submit your defence in time. I see no point in mentioning a phone conversation with a telephone operator in your defence, the point you are making is that the debt is SBd not that the solicitors are useless. An example SBd defence where no documents were supplied can be seen here: http://www.legalbeagles.info/forums/...658#post453658

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

Don't believe letters saying the account is 'on hold', people have got default judgment against them after receiving such letters which are just templates they use and do not refer to the specific case.

The person you spoke to may have been just a secretary/receptionist and not a lawyer. They shouldn't be discussing the cases if they're not qualified. :rant:

You still need to submit your defence in time. I see no point in mentioning a phone conversation with a telephone operator in your defence, the point you are making is that the debt is SBd not that the solicitors are useless. An example SBd defence where no documents were supplied can be seen here: http://www.legalbeagles.info/forums/...658#post453658

She was the case handler that I spoke with it was her case and she said she's a paralegal in charge of this case.
But has a clear note that the last payment is 2008 so admitted it was statute barred.

but I see what your saying I'll get my defence in monday

[FlamingParrot]

Re: Shoo smiths/arrow statute barred claim

She was the case handler that I spoke with it was her case and she said she's a paralegal in charge of this case.
But has a clear note that the last payment is 2008 so admitted it was statute barred.

but I see what your saying I'll get my defence in monday

:scared: :scared: :scared:

Good grief! :rant: And she didn't know the difference between acknowledgment and defence? If that's the standard of paralegals, I should be a barrister! :lol: :lol: :lol:

**update**
Today day I received a letter saying they are requesting documents but account is on hold. I telephoned shooosmiths to ask what this meant as my defence is due soon and the file handler seemed very junior. She had no idea what difference is between an aos and defence, confirmed account was 11 years old with a last payment noted as sept 2008 and then stated this is statute barred then isnt it. Her exact words followed by we have to follow our clients instructions.

ill continue with my defence can I site this call in my defence? And then assuming they now drop this a complaint to the ombudsman? Clearly knew this was statute barred and still issued proceedings.

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

:scared: :scared: :scared:

Good grief! :rant: And she didn't know the difference between acknowledgment and defence? If that's the standard of paralegals, I should be a barrister! :lol: :lol: :lol:

Yep, she insisted she'd had my defence and then said well we've had something anyway so I asked what stance was on my letter stating statute barred and she said well let's look account opened 2004 and last payment 2008 well that's statute barred. But I can only close matter on my clients instructions

[spirit2534]

Re: Shoo smiths/arrow statute barred claim

Yep, she insisted she'd had my defence and then said well we've had something anyway so I asked what stance was on my letter stating statute barred and she said well let's look account opened 2004 and last payment 2008 well that's statute barred. But I can only close matter on my clients instructions

Does this just show how stupid some dca's and dca's lawyers are?:tinysmile_aha_t:

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

Does this just show how stupid some dca's and dca's lawyers are?:tinysmile_aha_t:

my defence was filled in time and shoosmiths said there file is on hold pending instructions they accept no payments have been made but are taking instructions on whether there was any acknowledgements, they said they have no way of chasing the requested documents with their client.

The file handlers words were "I have no idea what the civil proceedure rules are but my computer tells me when things are in and it says 6 weeks on my screen"

guessing i I just sit tight and wait now