Arrow/Shoosmiths Ordinary Cause Court Claim - Old HSBC Debt

[doglover123]

Hi Folks
Looking for some assistance please with regard to a statute barred Scotland case. I have 7 days to lodge my defence in the appropriate format and do not know where to begin.
I had a procedural hearing this morning where I was advised that neither court or pursuers solicitors had received defence. I submitted defence to court and solicitor back in May, however, i now believe this was in the incorrect format.
The debt relates to old HSBC debt purchased by Arrow Global, default date on credit file is dated January 2016, therefore I have been advised that the case should be statute barred as the writ was served to me on 12th May 2021.

In the condescendence, it is stated that the debt was assigned to Arrow Global in December 2016.

Any advice for submitting correct defence would be appreciated.
Thanks in advance

[echat11]

Hi DOGLOVER23

Start a thread here - https://legalbeagles.info/forums/for...-a-court-claim

Copy / Fill in the following so members have some background to your case.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

des8 & MIKE770 - the OP lives in Scotland - has 7 days to lodge defence, believes claim is statue barred.

[MIKE770]

Statute Barred Debt in Scotland acknowledgment what soever then that is the defence see Des8 below:-

[des8]

I believe (but not sure as this is North of the Border) that your defence should be along the lines of:

The debt is time barred and thus extinguished under the Prescription and Limitation (Scotland) Act 1973 Section 6 in that the last payment or acknowledgement of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. The claim is denied.

[MIKE770]

Statute Barred Debt in Scotland

[echat11]

Does the OP have to file a Defence using the following template? As there's a court claim.

https://legalbeagles.info/library/gu...-court-claims/

[des8]

That template works for Wales & England
Scotland is different and the wording would need amending

[doglover123]

Received a claim? Yes/No: writ received 12th May 2021
Issue Date: 12th May 2021
Have you Acknowledged the Claim?: I submitted intention to defend claim on 24th May 2021 and submitted defences but these are not in correct format. I have had my procedural hearing where i have been granted 7 days to submit
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £10000
Claimant’s Name: Arrow Global
Solicitors Firm: Shoosmiths
Original Creditor: HSBC (First Direct)
Original Debt (eg. Credit card/Loan/Overdraft) : Loan taken out in March 2013
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of XXXX together with expenses.

Condecendences
1. The parties are as designed in the instance. The defender resides at XXXX. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This Court accordingly has jurisdiction. There are no proceedings pending before any other Court involving the present cause of action between the parties hereto. No agreement exists prorogating jurisdiction to another Court.



2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between the pursuers and HSBC Bank plc ("the Original Owner") dated 19 December 2016, the pursuer acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to the Original Owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of a written notice on or around 19 December 2016.



3. The said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 11 March 2013, and relates to a Personal Loan Agreement with account number XXXX. It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve a notice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.



4. On or around 27 January 2016 the defender failed to make payment of a sum which had fallen due and the said account thereby entered into default. A Default Notice was issued to the Defender on 27 January 2016. The Defender failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £xxxx. In terms of the Agreement and the written notice hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said account vests in the Pursuer. A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.



5. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.

Please in Law

1. The pursuers having acquired the right to payment of the sums due by the defender under and in terms of the Contract as hereinbefore condescended upon, the pursuers are entitled to payment of the sums due in terms thereof.

2. The sum sued for representing the debit balance due under the Contract, decree for this amount should be pronounced as craved.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): 5 years in Scotland I understand. No the only document I have received was the writ served at my current home address. I should also point out that condecendence 1 is incorrect as I have not resided at the property in 6 years (this is the one which they have used in the writ)

List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details: i cannot afford legal representation and a solicitor friend has advised me that I should instruct a solicitor asap "as if the Company were writing to you at the address they had for you, irrespective of whether those letters were received, this could be sufficient to prevent prescription kicking in."
A hearing date had previously been set for July and the solicitors had sent the intimation to my former address, hence I contacted the court and the decree was recalled with procedural hearing then set for 15th September. I have 7 days from yesterday to submit new defences and a hearing is set for 24th November.

I do have a defence typed out but not sure of format (particularly if in scotland) shall I include this in the thread?

[doglover123]

sorry - I've now started a new thread in the court claim section with all the relevant information, I've also included my existing defence (which I need to submit very soon)

[echat11]

delete