Hi All,

I have an action by Arrow Global ( debt purchasers from HSBC) claiming £8234.93

Date of service 5th June

Date of expiry of period of notice 27th June 2017

I intend to defend the action and I have a few questions.

1. If I make a request for all the documents and information that Arrow Global are required by the CCA 1974 to hold and they do not supply it all within the required time ( is it 12 days?) could I get the action dismissed on the 27th? ( My understanding is that if I do not respond at all the case can be found against me on 27th)

On the CONDESCENDENCE they state

1. Asserts jurisdiction

2.Asserts their right to the money via debt purchasing agreement with HSBC

3.States agreement between HSBC and myself under the CCA 1974

4.Asserts defender failed to pay.

Any advice at all would be most welcome.

Kind Regards

B.Man

be with you soon

please fill this out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do.-**updated-April-2017**

name the issuing court: JEDBURGH SHERIFF COURT

Who Is The Claimant: ARROW GLOBAL LIMITED 20-22 Bedford Row London WC1R 4JS

Who Are the Solicitors: SHOOSMITHS LLP, 5-7 The Lakes, Northampton,Northamptonshire, NN4 7SH

What type of action? (simple/Ordinary): ORDINARY ( I believe as it is over £5000 but not explicitly stated that I can see on the communication)

What is the claim for –

[type out ALL the text [minus pers details] from box D1

which FOLLOWS the words: [substantial connection with Scotland]

The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of EIGHT THOUSAND TWO HUNDRED AND THIRTY FOUR POUNDS AND NINETY THREE PENCE ( £8234.93) STERLING together with expenses.

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

Last Date Of Service:- 5th June 2017

Last Date For Response:- 27th June 2017

What Documents are listed in Box E2:

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ?

I think it is for a credit card but I cannot see where it states explicitly on any of the supplied paperwork There is form 05 ( Time to pay direction) form 07 ( Form of notice of intention to defend) and the INITIAL WRIT

from your knowledge: answer the following:

When did you enter into the original agreement before or after 2007? I think before ( not at all sure though)

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. ( Debt purchaser ARROW GLOBAL)

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Not to my knowledge.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

When was you last payment:- I do not know

Why did you cease payments:- I do not know

Was there a dispute with the original creditor that remains unresolved? I currently cannot remember the card and so I'm not sure about any possible dispute that may have remained unresolved. I do remember asking for a copy of my credit agreement and some banks not providing them.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

What you need to do now.

HSBC credit card??

Is there a 16 digit account number listed anywhere?

Could this be statue barred? (5yrs) no payment?

Hi dx,

Thanks for your reply and assistance.

There is not a sixteen digit account number anywhere on the writ.

Is this a good point to ask them for all information pertaining to the alleged debt with a full breakdown of accounting and a copy of a signed contract etc?

If so should I request all information at the same time and are there standard letters available that I could use for the above.

I did find this and was going to use this in the event that I could not get a template letter more appropriate for my particular situation.

Kind Regards

BMan

[removed - dx]

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

more later

you really NEED to nail down the history of the card.

have you not got any idea of its 16digit number?

old statements credit file?

are you SURE its a credit card

do the pursuer say that anywhere?

last payment date would be a real bonus at this stage

whatever the debt is.

can you not go ring HSBC now and find out?

dx

Thanks again,

I think this may be a credit card branded First Direct ,

They seem to be an HSBC brand or company.

I have the account number if this is the case and I cannot think I had an HSBC branded credit card at any stage.

The pursuer does not state any background at all on the alleged debt.

If I have the card number

is there a way of finding the last payment date online from a credit score checking company perhaps?

This would also confirm the sum is close to the one claimed.

loads of free credit file providers

noddle

clear score

Experian.

but if its old and defaulted it wont show,

1st direct yes is HSBC.

you must have been getting loads of letters previous to the claim?

did they not tell you.

can oi just check one thing

whatever this was

this was taken out whilst resident in Scotland?

dx

I can not remember getting one letter from First Direct.

I did move house four times over a 3 year period though.

From Noddle:

Account start date

18/11/2014

Opening balance

£ 8,234

Repayment frequency

Monthly

Date of default

21/11/2014

Default balance

£ 8,234

Yes. I believe Edinburgh.

so 2014 ish last payment then?

dx

I signed up for noddle and clear score although they do not show that much history but the default dates came from noddle.

Clear score just seems to be a sales site with little detail.

I wrote to First Direct as I began to experience financial difficulties and asked them for a copy of my credit agreement as required by the CCA.

I did not receive a reply to either of my two requests for a copy.

I wrote to Barclays for one at the same time

( They replied that I had to go into a local branch with id for them to provide it but I thought that was not a requirement under the act and wrote and told them that then did not get a reply)

and RBS who wrote back saying they did not have one but still made the default entry on my credit file but did not pursue any alleged debt.

Should I now write to ARROW and ask them for the signed contract etc?

Thanks

post 6 CCA

Should I send the CCA to HSBC or ARROW GLOBAL?

My thinking is that if I have a contract with either it would be HSBC although I dont know if they are obliged under the credit act to maintain records and to supply copies?

I would like to make the request to the least interested party ( The debt has been sold so I presume HSBC would not rush to supply it even if they had it)

If they did not supply it would that make them in breech of the original agreement and remove any cause ARROW GlOBAL may have?

Thanks

The Claimant ..>Arrow Global...they are now the legal owners of the debt as it s been assigned.

the claim is nothing to do with HSBC

all it is is a speculative claim as they've seen an £8k easy win if its not defended.

It occurred to me that as I had made a request to First Direct under the CCA for a signed contract and they did not supply it at all.

Can they assign a debt to another party when they (First Direct) are already in breach of the CCA by not responding?

I wondered if I should write to Arrow Global stating that I do not recognize them or the debt since the original owners of the alleged debt are currently in breach of the CCA?

Thanks again for all advice.

makes no odds sadly.

you are not forgotten

Ill get the CCA addressed to Arrow and in the letter let them know that First Direct did not reply to my CCA request two years ago.

No please keep to the std procedure

Do not adapt the CCA request

Just send it to arrows tomorrow without fail

Thanks DX Sent signed for today and awaiting reply.

or hopefully not!

barring your pers details

any chance you can scan up the court papers

like to see them

one multipage PDF please

follow the upload

dx

your form 07 needs delivering to the court today

want some pointers?

The pursuer is a well known Debt Buyer or debt collection Agency that purchases large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

These debt portfolios, be them direct from the Original Creditors or exchanged under sales between like Debt Buying Organisations, were placed for sale because the Original Creditor neither wished to prosecute their customer themselves due to bad publicity or are typically related to issues of enforceability under the Consumer Credit Act.

It is accepted insofar that I held various historic accounts with HSBC.

I do not recollect any outstanding balance to HSBC that the pursuer refers to and have therefore sought clarity from the pursuer given that that they are the assignee of this alleged debt and appear to have very little knowledge of what they are claiming .

The pursuer has averred that they hold the signed agreement under the Consumer Credit Act 1974 dated DDDDDDD.

A CCA request section 7? was sent recorded delivery on [date]. To date the pursuer has failed to comply & is in default of said request.

The defender puts the pursuer to strict proof to provide all the required documents to legally be able to enforce and bring this claim to court namely:

Copy of The Signed Consumer Credit Agreement

Copy of The Notice Of Assignment letter

copy of The Default Notice Issued By The Original Creditor ...

Along with A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.

Hi there,

Thanks again for the help.

As they have not complied with the CCA by responding to my request do I simply hand a copy of my request with its date and the letter above into my local court?

"The pursuer has averred that they hold the signed agreement under the Consumer Credit Act 1974 dated DDDDDDD. "

Is the DDDDDDD the date of my request?

Many thanks

BM

Important dates from the Sheriff Court

I have noted that the last day for lodging defences is the 11th July

23rd August is the last day for making adjustments to the Writ or Defences

3rd September is the last day for intimating, together with your grounds, a note of any Preliminary pleas.

6th September 2017 at 11am is the date and time of the options hearing.