JustWhatINeed Vs Arrow Global / Shoosmiths

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Hi
This is the problem for current accounts, they can trundle on for some time before they are terminated- often for a very long time

I do know that HBOS around 2007 time did send default notices for current accounts rather than formal demands

Well i'm gonna get the part 18 off to shoosmiths today. And keep mulling over.

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Hi Guys,

I sent the cpr 14 25th so they will have gotten it the 26th.

So 8 days ago now. I've not had a reply.

Should i now be sending a letter along the lines of you haven't replied im giving you one more chance or ill apply for this to be struck out for non compliance?

I'm a little unsure.

I think i only have 19 days to get something done with this i'd appreciate any advice.

I haven't even had any acknowledgement of the SAR .

[warwick65]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

You include non compliance in your defence. You are not at a stage to apply for a strike out and they can be high risk anyway

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

You include non compliance in your defence. You are not at a stage to apply for a strike out and they can be high risk anyway

Shall i send another? And when you send these letters how does the court know you didn't just send a letter with nothing in it.

Are you meant to photocopy what ur sending and the postage?

- - - Updated - - -

Does anyone here think they can help me get an agreement? In terms of making them an offer of say 500 lump sum and paying in monthly installments and getting the court process stopped or put on hold?

I can't take the risk on it not being barred. And cant afford to pay the 2800 in full.

Also, if i do make payments and i eventually find out its barred can i then stop paying?

Thank you.

[Amethyst]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Keep a copy of what you send as you'll need a copy later to exhibit with your Witness Statements. If you say you have sent a letter in your court submissions you are signing a statement of truth.

No need to chase them up. It's pretty unusual to get a full response before defence.

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Keep a copy of what you send as you'll need a copy later to exhibit with your Witness Statements. If you say you have sent a letter in your court submissions you are signing a statement of truth.

No need to chase them up. It's pretty unusual to get a full response before defence.

I just don't understand why they wouldn't comply with your requests if you owe the money, it sort of makes you think they have things to hide.

I even sent part 18 to arrow lol.

I'm not sure i can risk defending it and losing so i need to look at an arrangement and getting the court action cancelled. Just very busy with work at moment .

Need to do something its bugging me every day this is.

[MIKE770]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

just what these leeches want you to do, obtain monies by deception- I use to work 12 hours a day yet still faught the government and won.

[Amethyst]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Completely understandable, it's quite horrible having this hanging over you. Only you know your circumstances, the importance of not having a CCJ and how you want to deal with it, but I think I'd at least follow through with what you have done so far and see if they respond to the court to proceed before making any decisions or any approach to negotiate settlement under a consent order for installments if not a F&F lump sum.

I called Shoosmiths many months ago and they said they would put my account on hold for one month to work out my income and expenditure.

That might turn into an issue as that was before the end of the statute barred period.

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Completely understandable, it's quite horrible having this hanging over you. Only you know your circumstances, the importance of not having a CCJ and how you want to deal with it, but I think I'd at least follow through with what you have done so far and see if they respond to the court to proceed before making any decisions or any approach to negotiate settlement under a consent order for installments if not a F&F lump sum.

That might turn into an issue as that was before the end of the statute barred period.

The people at the debt charity said that's not acknowledging the debt.

I don't think they will be replying to any letters ive sent ive still had nothing.

How likely are they to take a lump should i not be contacting them now? I think i have to file a defense by the 23rd so around 14 days.

Last year my profit from self employment was 14k which is about to be revised down to 12k. So if it was to go to ccj they would probably be looking at a pound a month.

Should i call the solicitors and tell them my situation? and offer a lump ? To end it? Or a lump and monthly payments to stop the court process?

- - - Updated - - -

Completely understandable, it's quite horrible having this hanging over you. Only you know your circumstances, the importance of not having a CCJ and how you want to deal with it, but I think I'd at least follow through with what you have done so far and see if they respond to the court to proceed before making any decisions or any approach to negotiate settlement under a consent order for installments if not a F&F lump sum.

That might turn into an issue as that was before the end of the statute barred period.

The people at the debt charity said that's not acknowledging the debt.

I don't think they will be replying to any letters ive sent ive still had nothing.

How likely are they to take a lump should i not be contacting them now? I think i have to file a defense by the 23rd so around 14 days.

Last year my profit from self employment was 14k which is about to be revised down to 12k. So if it was to go to ccj they would probably be looking at a pound a month.

Should i call the solicitors and tell them my situation? and offer a lump ? To end it? Or a lump and monthly payments to stop the court process?

[Amethyst]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Think I'd hang fire until you have filed your defence and see if they come up with anything before seriously looking at negotiating settlement.

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

So how much time from filing defense is the court date? And do you not get the ccj against you until youve been to court and they have determined if you owe it etc.

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Well i tried to negotiate a settlement with the solicitors just out of interest about a week ago and they did give me a lower figure , by about 600, but still more than i can comfortably afford.

I think im gonna call the creditor later and see if i can settle with them because the solicitor was pretty uncaring and rude id say, was like talking to a robot.

Then if that fails i need to be llooking at getting my defence filed only a few days left.

In terms of defence i can think of the following

Statute barred
Non compliance.
Unfair relationship in terms of bank charges (or however you word it)

I think im gonna have to get help with this, can anyone think if id have anything more that would go in it?

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

Well i tried to negotiate a settlement with the solicitors just out of interest about a week ago and they did give me a lower figure , by about 600, but still more than i can comfortably afford.

I think im gonna call the creditor later and see if i can settle with them because the solicitor was pretty uncaring and rude id say, was like talking to a robot.

Then if that fails i need to be llooking at getting my defence filed only a few days left.

In terms of defence i can think of the following

Statute barred
Non compliance.
Unfair relationship in terms of bank charges (or however you word it)

I think im gonna have to get help with this, can anyone think if id have anything more that would go in it?

Anyone? i lost track of time and realise i have to get this sorted pretty fast.

How much would someone charge to put a defense together for me? I think im going to be incapable of putting anything strong together on my own.

[warwick65]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

[MENTION=6]Amethyst[/MENTION]
[MENTION=87380]Diana M[/MENTION]

i am afraid overdrafts are not my strong suit

[JustWhatINeed]

Re: JustWhatINeed Vs Arrow Global / Shoosmiths

I can be reached at

justwhatineed1@yahoo.com

Thanks.