Shoo smiths/arrow statute barred claim

[Debthelppls]

Hello

history was previous debt with capital one. I then received letters from shoosmiths stating they act on behalf of arrow but no mention of the original creditor. I was offered payment options, discounts etc but I didn't know what the debt related and knew it was really quite old debt.

Today ive received an n1 claim form stating debt of £1400 owed to arrow and stating they purchased debt in 2011.
There is very standard particulars and no attached documents.

Im pretty certain the debt is statute barred. I had a number of debt going back 8-9 years ago. I've checked my statements and no payments made to capital one in over 7 years.
on my. Ask statement I paid a debt consolidation company in 2008 who were handling my debts. I paid twice, one wS an "admin" fee which I understand they keep and second payment may of gone to capital one but I can't even recall if they were included. I made no payments on any of my debts after 2008. And I can't be sure this abacus payment even went to capital
one.

the court form is dated 20th feb 2015

if if it was statute barred im perplexed as to why shosmiths wpulf waste there money issuing proceedings.


Where re do I go from here, any advice be hugely appreciated

[FlamingParrot]

Re: Shoo smiths/arrow statute barred claim

Welcome to LB

Hello

history was previous debt with capital one. I then received letters from shoosmiths stating they act on behalf of arrow but no mention of the original creditor. I was offered payment options, discounts etc but I didn't know what the debt related and knew it was really quite old debt.

Today ive received an n1 claim form stating debt of £1400 owed to arrow and stating they purchased debt in 2011.
There is very standard particulars and no attached documents.

When claims are issued through the Northampton Bulk Centre there's no requirement to attach documents.

Im pretty certain the debt is statute barred. I had a number of debt going back 8-9 years ago. I've checked my statements and no payments made to capital one in over 7 years.
on my. Ask statement I paid a debt consolidation company in 2008 who were handling my debts. I paid twice, one wS an "admin" fee which I understand they keep and second payment may of gone to capital one but I can't even recall if they were included. I made no payments on any of my debts after 2008. And I can't be sure this abacus payment even went to capital
one.

OK, anything from 2008 should be SBd by now anyway. :thumb:

the court form is dated 20th feb 2015

if if it was statute barred im perplexed as to why shosmiths wpulf waste there money issuing proceedings.

1. They are not aware that the debt is SBd. Debts are bought in bulk without any details or statements of account so they may not know.
2. They are hoping to obtain default judgment. Many people don't respond to the claims or don't even open the post.
3. They are hoping you admit the claim and are not aware that it's SBd.

[FlamingParrot]

Re: Shoo smiths/arrow statute barred claim

Where re do I go from here, any advice be hugely appreciated

Below are the first steps to take upon receipt of a claim. You have a total of 33 days from date on claim to submit a defence, this useful calculator gives you up to March 25th: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

If you are sure this is SBd, when the time comes, you can just submit a SBd defence. The idea behind requesting documents, etc. is to have a back-up plan in case they come up with something such as a payment you made in 2010, something like that, it does happen!

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it
See this thread for instructions: http://www.legalbeagles.info/forums/...313#post499313

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

Below are the first steps to take upon receipt of a claim. You have a total of 33 days from date on claim to submit a defence, this useful calculator gives you up to March 25th: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

If you are sure this is SBd, when the time comes, you can just submit a SBd defence. The idea behind requesting documents, etc. is to have a back-up plan in case they come up with something such as a payment you made in 2010, something like that, it does happen!

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it
See this thread for instructions: http://www.legalbeagles.info/forums/...313#post499313

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Thank you very much. I'm 99% sure it's sb but I've heard about phantom payments etc. I'l do all the steps above I was just worried that no one would issue a sb debt seems very pointless but you've explsined and that makes sense.

Why is it unlikely they have any paperwork surely capital 1 sell the debt with everything included. The agreement in question must be going back 9 years but I'm assuming everything will be computer stored so easy to access. To date I've had no documents at all just the letters from shoosmiths and now the court forms.

Thsnk you you very much for your help

[FlamingParrot]

Re: Shoo smiths/arrow statute barred claim

Thank you very much. I'm 99% sure it's sb but I've heard about phantom payments etc. I'l do all the steps above I was just worried that no one would issue a sb debt seems very pointless but you've explsined and that makes sense.

Why is it unlikely they have any paperwork surely capital 1 sell the debt with everything included.

No, debts are sold in bulk without any paperwork and just sketchy details regarding the account.

The agreement in question must be going back 9 years but I'm assuming everything will be computer stored so easy to access. To date I've had no documents at all just the letters from shoosmiths and now the court forms.

Thsnk you you very much for your help

You'd think so, wouldn't you? Yet that's often not the case. You'd be surprised how many times they can't locate the documents. In particular, once debts are sold, the original creditor has no interest in the debt, thus no reason to dig deep or try hard to locate the documents.

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

No, debts are sold in bulk without any paperwork and just sketchy details regarding the account.

You'd think so, wouldn't you? Yet that's often not the case. You'd be surprised how many times they can't locate the documents. In particular, once debts are sold, the original creditor has no interest in the debt, thus no reason to dig deep or try hard to locate the documents.

Come me home today yo a letter from
sgoosmiths saying we have received notice from court that our client has received default judgement against you then in small brackets (Liberty to request on the 11th March)

inonly got papers late last week. I will post my acknowledgement off today if I can't work out how to do it online and be on ball with my defence.

They ey also our client may accept a lump sum offer. And we strongly advise you to contact us to get a discount.

They ey cant of got judgment so quick can they? And is this confirmation that my case isn't statire barred as they seem pretty certain of there case?

[Nibbler]

Re: Shoo smiths/arrow statute barred claim

If you can do the acknowlement online at https://www.moneyclaim.gov.uk/ that would be quicker.

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

If you can do the acknowlement online at https://www.moneyclaim.gov.uk/ that would be quicker.

ive registered but the process to get to my actual case seemed soling winded I gave up. I'll try again though.

Just checked my my experian report, there's nothing at all about this debt, I called expertise up and they checked aswell and they are sure there's nothing on there system of 6 years which means that this account defaulted and has had no activity on it in over 6 years. Assuming the default comes after the last payment im well over 6 years with this.

Shall I reply to this letter or simply gety statute barred defence written.

Im 99.9% sure it's statute barred??

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

Just filled my aos online thanks for the link.

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

Just filled my aos online thanks for the link.

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

I'm wondering if the data is held on some other credit file? How many do we have? Experian seems to have everything else current I recognise. Just seems odd that the so called assignment to arrow global in 2011 isn't even on there or would that of gone with the original debt info once 6 years hit.

[Nibbler]

Re: Shoo smiths/arrow statute barred claim

All records of an account are dropped from all 3 CRAs 6 years after the original recorded default.

Assignment etc should not change that, so if recorded defaulted over 6 years ago you should not see any trace at all on your reports.

[Debthelppls]

Re: Shoo smiths/arrow statute barred claim

All records of an account are dropped from all 3 CRAs 6 years after the original recorded default.

Assignment etc should not change that, so if recorded defaulted over 6 years ago you should not see any trace at all on your reports.

Nope there's nothing at all there's just my current finances. So I can be certain this is way sb'do.

Shsll i i reply to their letter? Or just get my defence in and leave it there. Do sb cases make final hearing or can the courts themselves throw it out?

[FlamingParrot]

Re: Shoo smiths/arrow statute barred claim

Come me home today yo a letter from
sgoosmiths saying we have received notice from court that our client has received default judgement against you then in small brackets (Liberty to request on the 11th March)

Extremely misleading! :mad2: :mad2: :mad2:

inonly got papers late last week. I will post my acknowledgement off today if I can't work out how to do it online and be on ball with my defence.

They ey also our client may accept a lump sum offer. And we strongly advise you to contact us to get a discount.

They ey cant of got judgment so quick can they?

They have to allow you 14 days to acknowledge service, once you do, you have a further 14 days to file a defence. 5 extra days are allowed for service. :thumb:

And is this confirmation that my case isn't statire barred as they seem pretty certain of there case?

No, not at all, just a dirty trick! Confirmation would be something like a statement showing payments made in the last six years, not just a letter written by themselves. :nono:

[FlamingParrot]

Re: Shoo smiths/arrow statute barred claim

Shall I reply to this letter or simply gety statute barred defence written.

Im 99.9% sure it's statute barred??

Nope there's nothing at all there's just my current finances. So I can be certain this is way sb'do.

Shsll i i reply to their letter? Or just get my defence in and leave it there.

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:

Do sb cases make final hearing or can the courts themselves throw it out?

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.