form 5 yuill&kyle/arrow global/rbs

[jmxrocks12]

had sheriff officers at the door this morning serving me with a form 5 notice,not really sure what to do with it.

problem is,the account it is regarding is an rbs account that according to them i opened and took either an overdraft or credit card out when i was 13! the entry on my credit files has been disputed to rbs and subsequently removed from my credit reports.

id been in touch with yuill&kyle when i received a letter from them last wednesday stating that i had been served with a form 5,when in fact i hadn't at that point.

surely they can't issue this if its no longer valid?

edit: so i've just read over the forms again,i was half asleep earlier.
it reads


on or around the 2nd june 2005 rbs advanced monies to the defender in terms of an agreement regulated under the consumer credit act 1974. the defender failed to the terms of the agreementand accordingly,a default notice was issued (i never received this) in the terms of the acot on 9th may 2006 seeking £354.00 from the defender,the defender failed to make payment.


so it appears,it was the wrong info on all my credit reports and i never received a default notice,had no letters, anything from arrow global and the only correspondence i have had or recall having is from yuill&kyle.

if the default was issued in 2006 is it not statute barred then?

how do i go about this,ive filled in that i intend to defend the claim. i have until the 28th feb to get it back to the court

[FlamingParrot]

Re: form 5 yuill&kyle/arrow global/rbs

problem is,the account it is regarding is an rbs account that according to them i opened and took either an overdraft or credit card out when i was 13! the entry on my credit files has been disputed to rbs and subsequently removed from my credit reports.

id been in touch with yuill&kyle when i received a letter from them last wednesday stating that i had been served with a form 5,when in fact i hadn't at that point.

surely they can't issue this if its no longer valid?

edit: so i've just read over the forms again,i was half asleep earlier.
it reads
on or around the 2nd june 2005 rbs advanced monies to the defender in terms of an agreement regulated under the consumer credit act 1974. the defender failed to the terms of the agreementand accordingly,a default notice was issued (i never received this) in the terms of the acot on 9th may 2006 seeking £354.00 from the defender,the defender failed to make payment.

so it appears, it was the wrong info on all my credit reports and i never received a default notice, had no letters, anything from arrow global and the only correspondence i have had or recall having is from yuill&kyle.

if the default was issued in 2006 is it not statute barred then?

how do i go about this,ive filled in that i intend to defend the claim. i have until the 28th feb to get it back to the court

Did you actually have this account? Were you only 13 in 2005? If they are claiming for an account you never had, then you'd just submit a bare denial defence, however, if you did have the account and haven't made any payments or written acknowledgment since 2006, then you'd submit a SBd defence.

Your credit files are not really a reliable source of information when it comes to establishing the facts. For example, you could have been defaulted in 2006 but you could have made payments after that.

As an aside, a default from 2006 should no longer be showing up on your credit file. :nono:

[jmxrocks12]

Re: form 5 yuill&kyle/arrow global/rbs

i was trying to get things in order,so went to my credit reports to see what was there,one being the rbs card. it said i had taken the account in 1999 so i sent off alerts to the agencies to investigate and it was taken off my credit file.

after reading the papers properly,it says opened 2005 defaulted 2006 so the info that was on the credit files was completely wrong.

i don't ever remember paying anything since they apparently sent out the default.

so i send a SB letter to yuill & kyle or the court? and then send off the form to the courts with intent to defend?

is it worth firing off a CCA request?

[mystery1]

Re: form 5 yuill&kyle/arrow global/rbs

Send intent to defend and SB defence to court and cca letter to the claimant which i'd guess is Arrow.

M1

[jmxrocks12]

Re: form 5 yuill&kyle/arrow global/rbs

is there a template for the SB letter?

i don't have any info on the account with arrow will that make a difference

[Captain Haddock]

Re: form 5 yuill&kyle/arrow global/rbs

OP, you need to be on the ball with this lot of rogues! Y&K are pretty devious when it comes to trying to extort money out of people. They may even try to construct another default notice letter (the clowns tried that one with me!)

I guess you are in Scotland?

[stressball]

Re: form 5 yuill&kyle/arrow global/rbs

jmx - what was the outcome of all this with Y+K?

I have just received court papers (Scotland) from these people for a debt with Arrow Global, and in a bit of a tizz. Debt is just shy of £10K thread- from an original MBNA card. I'd be interested to hear the outcome, as it'd maybe help me somewhat?! (Any help from others desperately needed!)

[Amethyst]

Re: form 5 yuill&kyle/arrow global/rbs

When is your return date ?

You need to get a formal CCA request http://www.legalbeagles.info/forums/...y-of-Agreement sent off asap with a £1 postal order - to Arrow Global.

Do you recall when abouts you took out the agreement ?