Court Claim - Arrow Global / HSBC - 3-12-2015

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Good going Jake!!

There's little more you can do or at this stage.

nem

Thanks for all your help, I'll keep you updated

Jake

[Kati]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Good going Jake!!

There's little more you can do or at this stage.

nem

beat me to it Nem :lol: xx

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

[MENTION=55034]nemesis45[/MENTION] is online now so I'll :bump: him again (although it reads fine to me) xx

Thank you!

[Kati]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Thank you!

:yo: xx

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello again,

Interesting letter from Arrow today. I'm paraphrasing, but in short the letter states that they note my defence, and are still waiting on documents from the original creditor (HSBC). They then give some brief details about the account in question, A/C number, date of opening etc.

They say they 'hope the above information helps me to identify the account and look forward to receiving notice that my defence has been withdrawn?!'

Also, not sure if this has any relevance but they also included a notification of change of solicitor. It would appear Shoosmiths are no longer involved, and they are acting 'in person'. They say the claim is being handled by their 'specialist in-house litigation team'. What, if anything, do you read into this [MENTION=55034]nemesis45[/MENTION]?

Thanks

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello again,

Interesting letter from Arrow today. I'm paraphrasing, but in short the letter states that they note my defence, and are still waiting on documents from the original creditor (HSBC). They then give some brief details about the account in question, A/C number, date of opening etc.

They say they 'hope the above information helps me to identify the account and look forward to receiving notice that my defence has been withdrawn?!'

Also, not sure if this has any relevance but they also included a notification of change of solicitor. It would appear Shoosmiths are no longer involved, and they are acting 'in person'. They say the claim is being handled by their 'specialist in-house litigation team'. What, if anything, do you read into this @nemesis45?

Thanks

Arrow Global at its worst, that company cannot yet grasp that people are not
going to roll over and pay or withdraw a defence because Arrow wants then to.

Emm seen this response before with Arrow/ Shoosmiths seems to me often that
Shoosmiths has declined to take further instructions.

In house specialist possibly a trainee paralegal or just another desk jockey???

Ignore wait for the documents don't withdraw defence.
Or a curt note in reply saying their invitation to withdraw is not accepted
and the defence remains in place.

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

[QUOTE=nemesis45;612736
Ignore wait for the documents don't withdraw defence.
Or a curt note in reply saying their invitation to withdraw is not accepted
and the defence remains in place.
nem[/QUOTE]

I'm definitely going to do this, not about to roll over for them yet haha! I'm assuming this is a good sign then?

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

I'm definitely going to do this, not about to roll over for them yet haha! I'm assuming this is a good sign then?

I hope so!

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello again [MENTION=55034]nemesis45[/MENTION]

Well, it seems Arrow simply don't care whether they have or haven't complied with the CCA request!

Today I received 'notice of proposed allocation to the small claims track' from the courts. Nothing else, and obviously still nothing from Arrow. It's a couple of days before the claim was due to be stayed so I guess that's why they've pushed ahead.

Their last correspondence indicated that the account would be 'on hold' until such time as they could produce paperwork. Next steps are to fill out the paperwork from the court I know and agree to mediation etc? What is likely to happen after this? I want to be one step ahead of them if I can!

Thanks

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello again @nemesis45

Well, it seems Arrow simply don't care whether they have or haven't complied with the CCA request!

Today I received 'notice of proposed allocation to the small claims track' from the courts. Nothing else, and obviously still nothing from Arrow. It's a couple of days before the claim was due to be stayed so I guess that's why they've pushed ahead.

Their last correspondence indicated that the account would be 'on hold' until such time as they could produce paperwork. Next steps are to fill out the paperwork from the court I know and agree to mediation etc? What is likely to happen after this? I want to be one step ahead of them if I can!

Thanks

Hello Jake.
Once the court has the forms back then you will be informed about mediation appointments
you will be asked if you have all the documents to enable mediation if you have not received
them then mediation cannot take place and the claim will be sent to your local court for judges
directions.

I take that you have not received formal notice from AG that they intend to proceed?
I would be inclined to ring the court and ask what if anything AG has done.

AG is incredibly careless in its attitude to court processes.

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello Jake.
I take that you have not received formal notice from AG that they intend to proceed?
I would be inclined to ring the court and ask what if anything AG has done.

AG is incredibly careless in its attitude to court processes.

nem

Hi nem,

Nope, nothing from AG whatsoever. I will give the court a call later today, good idea.

Just so I'm clear, if paperwork isn't forthcoming, at some point will I be submitting an 'Unless' order? Or will the Judge direct them to provide before proceeding? I'm very uncertain about this process...

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

From What I've seen of AG's " expert litigation team " so far they may well tie themselves in a knot
and have to discontinue, they seem to have little or no knowledge of CCA 1974 or the court processes.

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

From What I've seen of AG's " expert litigation team " so far they may well tie themselves in a knot
and have to discontinue, they seem to have little or no knowledge of CCA 1974 or the court processes.

nem

Well I do hope so!

I've completed the N180 and emailed to the court on the basis that the quicker I do that the less time they have to cobble something together! I have to serve a copy of the N180 on them as well, I'm thinking about including a covering letter reminding them they haven't provided any paperwork and inviting them to discontinue? What do you think?

[nemesis45]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Well I do hope so!

I've completed the N180 and emailed to the court on the basis that the quicker I do that the less time they have to cobble something together! I have to serve a copy of the N180 on them as well, I'm thinking about including a covering letter reminding them they haven't provided any paperwork and inviting them to discontinue? What do you think?

Worth a try!

nem

[jakeusticus]

Re: Court Claim - Arrow Global / HSBC - 3-12-2015

Hello again [MENTION=55034]nemesis45[/MENTION]

Response from AG today. I'll quote directly:

"The information you requested was held by the original creditor and is available upon request. We are not required to provide a copy of the documents you mention to the court when a claim is issued through the CCBC in Northampton.

We are aware the majority of the letter which you have sent to us is a template letter which is readily available from various internet forums and websites. The websites which provide this template, along with others, are unlicensed and unregulated and often offer advice which may be incorrect or inaccurate. We would suggest that if you require any form of legal assistance that you seek advice from a reputable licensed company.

We enclose:
1. Terms and Conditions
2. Statements of Account
3. Transaction Log

In relation to the default notice, we confirm a copy was sent to you on 12th August 2011.

We also enclose a copy of our directions questionnaire, and confirm we have opted for mediation in relation to settlement of this matter."

So... where do I go from here? Obviously the glaring omission is no mention anywhere of the agreement. The paperwork included was 6 pages of transactions dating from Nov 11. The default date they gave is August 11 but the last payment was made in April, still ruling out statute barred but then I already knew that. I don't know if this is important but it looks like between April and November the account racked up well over £200 in late/missed payment fees plus interest before it was closed!!

They've included a set of Ts&Cs dated 11/9/07 which look to be valid to me but then I'm not too sure what I'm looking for.

As always, any help much appreciated!