Court Claim - Arrow Global / HSBC - 18-7-2017

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi musicmonkey

Not sure if you have contacted Di directly but you could always email her. Obviously initial advice is just that, initial but.....

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Yes, I sent her an email on Friday. Yet to hear back as I'm sure she's a very busy lady. Just thought I'd try get this bumped if anyone had any suggestions?

[Amethyst]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Unless I'm missing something, they haven't provided copies of any documents since bringing the claim, so their position has not changed one iota since you filed your defence. You can respond to this letter stating that you would be happy to consider their proposals for settlement once they have provided the information and documentation previously requested, and that should they file for summary judgment now, three and a half months after you filed your defence, their application will be strongly resisted/defended.

You say they pick out parts of your defence and respond to them? Maybe if you post those parts we'll have a better idea why they think their position enables them to obtain a summary judgment now.

10.On the 22nd July 2017 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Shoosmiths LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11.Shoosmiths LLP has not sent any of these documents to me.
12.On the 22nd July 2017 I sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to sections 77 or 78 of the CCA 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s77 (1) / s 78 (1) CCA 1974 and by virtue of s77 (4) / s 78 (6) CCA 1974 cannot enforce the agreement.
14: In response to the request detailed in paragraph 12, the Claimant has denied they are the creditor as envisaged by the CCA 1974.
15: I would contend that the Claimant is the creditor pursuant to s.189 of the CCA 1974 and as such are obliged to comply with my request.
16: The Claimant is requested to provide evidence that they hold the rights of the alleged agreement, and the authority to bring this claim, by providing the deed of assignment.

Have they still provided nothing?

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi, they still haven't provided anything. Nor have I heard from the claimant. I'll take a picture of their letter and block my details. Then you'll understand what they are asking for.
Thank you so so much for replying, it's putting my mind at ease already.

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Hi, see the attached 3 pictures from the solicitors . They refer to a letter they sent to me on 13th october - i never got this letter (i know they cannot prove either way, but i am really on top of the post since starting this court process)

@Amethyst - hopefully the letters attached will help a bit more? I dont mind writing to them to tell them to provide the information. Just didnt know what the best course of action was, or if i should simply go back to the court and seek their judgement seen as solicitor hasnt filed anything with them.

I have put a summary below of the whole process. Let me know if you need any other information,

20th July - court claim letter -
22nd july - wrote to solicitors + claimant asking for more info (template from legalbeagle)
9th august - reply from claimant stating they didnt believe they were the claimant/didnt have anything to do with my debt
21st august - filed my defence (on time and confirmed)
no other communication from any party
21st november - letter from solicitor (as per attachments)

[Diana M]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Yes, I sent her an email on Friday. Yet to hear back as I'm sure she's a very busy lady. Just thought I'd try get this bumped if anyone had any suggestions?

Yes I did receive an email from you yesterday afternoon (Friday).

The deadline to respond (or not) to that letter from Shoosmiths is next Tuesday 5th December.

Their letter says if you don’t do as they ask they will seek their client’s instructions, which implies that the firm is not currently instructed to make an Application for a Summary Judgment.

A law firm cannot (or should not) act without their client’s instructions.

I’ll reply to your email before then if you think that will help you to manage the situation.

Di

[Diana M]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Posted on 11th August >

Also, I forgot to post a SAR to HSBC - should I do that still?

Did you send a SAR to HSBC as advised in August, and if so have you received the data?

The way I (well my firm) see it is that the information gleaned from a SAR can make or break a case.

If you’ve not sent a SAR then my advice is to do that now.

Di

[MIKE770]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Subject Access Request Letter

[Diana M]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

You can respond to this letter stating that you would be happy to consider their proposals for settlement once they have provided the information and documentation previously requested

Might that suggest the OP is admitting the claim/debt?

I’ll admit that I’ve not read back through the thread which I’ll do tomorrow.

Di

[warwick65]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

I personally would not say anything about willingness to negotiate. It might be seen as an admission.

- - - Updated - - -

Might that suggest the OP is admitting the claim/debt?

I’ll admit that I’ve not read back through the thread which I’ll do tomorrow.

Di

Sorry posts crossed

[Diana M]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

I personally would not say anything about willingness to negotiate. It might be seen as an admission.

That is/was my concern too.

‘Less is more’ with litigation when you are a LIP without professional legal advice.

Di

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Thanks for all the replies... Really you don't know ow how much I appreciate it.

I thought I had sent a SAR but... I can't find evidence in my file that I did indeed send it. I will send one on Monday via recorded.

In terms of replying to shoosmiths letter, I am inclined not to on the grounds of the claim with the court already in process, and it seems to me they are not playing ball. But... I'm not an expert by any means, hence me coming to this thread.

Again, thanks to all so far!

[Diana M]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

But... I'm not an expert by any means

So maybe you should ask an expert/professional for free legal advice?

Di

[musicmonkey]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Pardon my stupidity, but where does one begin with looking for such an expert? Citizens advice?

[Diana M]

Re: Court Claim - Arrow Global / HSBC - 18-7-2017

Pardon my stupidity, but where does one begin with looking for such an expert? Citizens advice?

You’re not stupid !

Would you like me to reply to your email?

Di