So the games begin

[winner12]

Hi all
Got a debt with ARROW GLOBAL was on my DMP and paid to Wescot
Got a letter from WESCOT to say they were no longer collecting it as taken 6 months for ARROW to write stating that Shoosmiths would be collecting
After starting a thread on here about something else and sound advice I sent a CCA request to shoosmiths recorded delivery and a £1 post order the
day it arrived at Shoosmiths they sent a letter stating they would be reviewing my account in 14 days from the date of their letter with Arrow as to whether they
should issue court proceedings
any advice as to what to do now the debt is just over 11k and was with MBNA taken out in 2000 defaulted 3 years ago

[winner12]

Re: So the games begin

Morning all
Just Bumping :tinysmile_twink_t2:

[ODC]

Re: So the games begin

They are in breach of your CCA request so they should know that they cannot take any action to enforce this whilst the breach remains

[winner12]

Re: So the games begin

Thanks ODC
The 12 plus 2 days are still ticking will they now go to Arrow I do doubt they have a CCA either

[FlamingParrot]

Re: So the games begin

Hi all
Got a debt with ARROW GLOBAL was on my DMP and paid to Wescot
Got a letter from WESCOT to say they were no longer collecting it as taken 6 months for ARROW to write stating that Shoosmiths would be collecting
After starting a thread on here about something else and sound advice I sent a CCA request to shoosmiths recorded delivery and a £1 post order the day it arrived at Shoosmiths they sent a letter stating they would be reviewing my account in 14 days from the date of their letter with Arrow as to whether they should issue court proceedings any advice as to what to do now the debt is just over 11k and was with MBNA taken out in 2000 defaulted 3 years ago

If they are referring to court proceedings, it may be worth taking this letter as a letter before action. Could you scan or take a picture of the letter and post it up here? :typing:

Although still work in progress, this may be of help: http://www.legalbeagles.info/forums/...050#post386050 :nerd:

[winner12]

Re: So the games begin

Hi FP
I dont have a scanner or means to copy so I have typed their reply

We refer to our recent letters asking you to contact us in relation to the above. We are surprised and disappointed that we have not heard from you and have not been able to contact you by Telephone,
In the absence of a response from you within 14 days of the date of this letter,we will review your account with our client to consider whether court proceedings should be issued.

If such proceedings are issued then we will seek that the costs of those proceedings are added to the debt due from you.Should a judgement be granted against you on this basis then you will be required to repay both the debt outstanding to our client and the legal costs awarded by the court.

Our client would still prefer to find a suitable solution to enable you to repay the sums outstanding to it.

You can contact us etc (various contact numbers )

(This letter was dated the same day they received my CCA request that I tracked online)















Yours faithfully


Shoosmiths LLP Solicitors

[FlamingParrot]

Re: So the games begin

As they are threatening litigation, you may want to respond with something along these lines, editing the necessary bits to suit your situation, i.e. if you sent the CCA request directly to Shoosmiths as opposed to their clients. Sign digitally using a computer font and send recorded delivery.

Strictly speaking, they are not in default of your request because they have 14 days to respond, however, as they are also giving you 14 days, it won't hurt to reply now. Note that you are not saying they are in default of your s.78 request, as they are not in default yet, :clock: just that you have sent a request and are awaiting response. :thumb:

Responding to solicitors' threats of litigation with letters like this often puts them off issuing a claim. ray:

Dear Sirs

Re your letter dated xxth November 2013.

Thank you for your letter, the contents of which I have noted.

Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, in particular Annex A and Annex B. You will note your letter fails to comply with either of the aforesaid Annexes.

Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed, with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre-Action Protocol.

Turning to the subject matter of your letter, this matter is the subject of a dispute which has been raised with your clients representatives [yourselves if you sent the CCA request directly to Shoosmiths], and therefore it would be appropriate before you threaten litigation for your clients to actively deal with the issues which I have raised.

Section 78 Consumer Credit Act 1974 - You will no doubt be aware that Section 78 of the Consumer Credit Act offers a provision whereby the holder of a running credit account can obtain vital information. This information is needed to determine the exact terms under which a financial account is administered, and complying with the provision is a statutory requirement. On xxth November 2013, I submitted a statutory request pursuant to the aforementioned section of the Act. I am awaiting a response to my request.

Accordingly, and in accordance with the CPR Pre Action Protocol practice direction, I look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above.

Yours Faithfully

[winner12]

Re: So the games begin

Hi FP
Just done the letter thanks for your help

[winner12]

Re: So the games begin

Morning
Read another thread this morning about CCA requests via solicitors and Arrow Global debts and Im now a little bit worried if I have done the right thing here
Any more help would be much appreciated or should I say put my mind at rest

[FlamingParrot]

Re: So the games begin

Morning
Read another thread this morning about CCA requests via solicitors and Arrow Global debts and Im now a little bit worried if I have done the right thing here
Any more help would be much appreciated or should I say put my mind at rest

You must be referring to this other thread: http://www.legalbeagles.info/forums/...878#post386878

As long as both Arrow AND the solicitors acting for them are aware of your outstanding CCA request, you should be fine. :thumb: It would be the solicitors who would issue a claim on behalf of Arrow, who are responsible for responding to your CCA request. In turn, they will have to go back to the original lender to get the documents as they would have bought a lot of debts in bulk without paperwork. This means it may take them longer than 14 days to respond, in which case the account would be unenforceable as long as they are in default of your request. So long as both parties (Arrow and the Solicitors) are aware of the situation, you should be OK. :grin:

[winner12]

Re: So the games begin

Hi FP
Thanks for the reply just got a bit worried should not read too many threads and assume they are the same
still not heard anything from Shoosmiths so I am assuming they will soon

[FlamingParrot]

Re: So the games begin

Hi FP
Thanks for the reply just got a bit worried should not read too many threads and assume they are the same
still not heard anything from Shoosmiths so I am assuming they will soon

If you don't hear from them ever again, so much the better!

[winner12]

Re: So the games begin

UPDATE
Well the 12+2 days has passed do I have to write to Shoosmiths stating that fact or just sit tight and wait

[winner12]

Re: So the games begin

Just Bumping:bump:

[FlamingParrot]

Re: So the games begin

UPDATE
Well the 12+2 days has passed do I have to write to Shoosmiths stating that fact or just sit tight and wait

No, once the 14 days have passed, they are in default of your CCA request and the account becomes unenforceable as long as they don't comply. Shoosmiths would be aware of your request so no need to write to them again.

If you get a response or you hear from Arrow, Shoosmiths or anyone else with regards to this account, do post up. :typing: