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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Arrow/Shoos SPC - Old NewDay Aqua Credit Card Debt ***Claim Dismissed no DN***


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Hi

i am looking for some advice on what to do with a court letter i have received.

 

It is from an old credit card from Aqua which i had taken out back in 2013.

 

The Claimant is now Arrow Global Limited who i assume has now purchased the debt.

I have until 11.08.17 to reply.

Issue Date: 06.07.17

Amount approx: £2288.42

Claimant: Arrow Global Limited

Solicitor: Shoosmith LLP

Original Creditor: Aqua Credit Card (NewDay Ltd)

 

Particulars of Claim:

 

The claimants are a finance company which inter alia operates the business of debt purchasing.

 

By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 18/10/2016, the claimant 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 respondent 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 respondent by the way of a written notice on or around 18/10/2016.

 

The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974.

 

Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due.

 

The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 of the consumer credit act 1974.

 

it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx.

 

on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility.

 

It was a term of the agreement that the original owner would use statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made.

 

By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use.

 

The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00.

 

It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated.

 

on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default.

 

A default notice was issued to the respondent on 30/01/2015.

The respondent 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 in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant.

 

The form asks what documents they may bring to court to support the claim and they have listed..

A copy of the credit agreement,

statements of account and

notice of assignation will be produced in any defended process to follow hereon.

 

Is the debt Statute Barred? No

List any letters you have sent: None Yet

 

Sorry for the long post but i am unsure on how to proceed with this.

 

Should i just admit it and offer some sort of monthly payment?

What would be a reasonable offer?

 

I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case.

 

I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this.

 

Any advice would be much appreciated.

 

Thanks

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No don't admit or do anything yet

Why did you cease payments?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i had some money troubles back then and was moving house at the time so never kept up the payments and they just kept adding interest and charges etc.

 

I am in a better position to start paying something now but I am not sure about the correct amount I owe or if they even have any paperwork as they haven't sent any evidence with the form.

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they don't have to send anything with the court form.

 

just remember this is a speculative claim by a DCA/debt buyer.

.they've seen +£2k profit for a very small court fee outlay

hoping for a default uncontested judgement.

 

your job is to string 'em out as long as you can with as much expense to them

 

they paid about 10p/£ but can sue for the full amount

all they get is one line of your details in a spreadsheet nothing more

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

the claimant

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

an update on case I sent a cca to arrow yesterday recorded delivery and checked the tracking today which says...

 

 

Progress of your item

 

Item: xxxxxxxx

 

Via: Royal Mail Signed For™

 

Status: We have your item

 

An attempt to deliver your item with xxxxxx was made on 12/07/17 but we were unable to deliver as there was no access to the delivery address. The Item will be returned to CENTRAL MANCHESTER to await instructions from the addressee or will be returned to sender. You can arrange a redelivery online, call the CENTRAL MANCHESTER office to arrange a re-delivery, or collect the item from CENTRAL MANCHESTER by bringing proof of identification and address.

 

so should I chase this up to be delivered or leave it? should I also send a copy of the request to the solicitors?

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Copy sent to sols will cover you

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I thought you said you had ALREADY sent the sols a CCA request?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

My date to reply to this claim is fast approaching

 

I still haven't received any reply from the Shoosmiths or Arrow in regards to the CCA request I sent both of them.

 

What would be my next step now

 

should I now send a reply defending the case as they haven't responded to my CCA request?

 

Thanks

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follow/use the info in post 8

its all there exactly the same

post your response up here 1st mind

 

 

don't rush but need to be with the court on 11th

is that local to you?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

reply to court?

 

 

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in

so far as my understanding is that:

 

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not

have legal representation, are not unfairly disadvantaged...

 

... i represent myself and are totally at a loss upon how to respond to such a claim &

welcome any assistance the sheriff can give me.

 

1.6(9)

When appearing against a party who is not represented, or who is not legally

represented, representatives must not take advantage of the party.

 

1.6(10)

When appearing against a party who is not represented, or who is not legally

represented, representatives must help the court to allow that person to argue a

case fairly.

I expect the claimants' representative to employ the above.

 

The Claimant 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 litigate against their customer themselves due to

bad publicity or are typically related to issues of enforceability under the consumer

credit Act or are as a result of inflated sums due to penalties and or interest levied

upon them that are unfair & unlawful under FCA regulations.

 

It is admitted with regards to the respondent once having had banking facilities with

the original creditor Aqua Credit Card. It is denied that I am indebted for any alleged

balance claimed.

 

The Respondent puts the Claimant to strict proof to provide copies of all

documentation they must produce under Scottish law that confirms they are able,

legally, to enforce and bring this claim to court

 

The claimant is also put to strict proof to:-

.

(a) Provide a copy agreement/facility arrangement along with the Terms and

conditions at inception, that this claim is based on.

 

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974

Demand/Recall Notice and Notice of Assignment.

 

© Provide a breakdown of the excessive charging/fees levied to the account with

justification.

 

(d) Show how the Claimant has reached the amount claimed.

 

(e) Show how the Claimant has the legal right, either under statute or equity to issue

a claim.

 

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-

action Conduct.

 

The court will be aware that penalty charges and the recoverability thereof have

been judicially declared to be susceptible to assessments of fairness under the

Unfair Terms in Consumer Contracts

 

Regulations 1999 The Office of Fair Trading v Abbey National PLC and others

(2009).

 

 

I will contend at trial that such charges are unfair in their entirety.

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you have reworded stuff..not happy with that

and don't forget D2 box

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

did you fill out D2 box?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did you fill out D2 box?

 

yes I put this

 

The claimant has averred on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated 20/02/2013

 

A CCA Request section 78 was sent recorded delivery on 11-07-2017.

To date the claimant has failed to comply & is in default of said request.

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last 4 years.

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good

write to the fleecers sols

 

make ref to the sheriffs orders

and that they have failed to supply any/all of the required paperwork to enforce any claim.

 

until/unless you provide ALL the above I respectfully ask you discontinue the case

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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add a line that you are not interested in any ADR or mediation until they provide all the paperwork

as until then you have nothing to mediate over.

you get the game

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was thinking of sending this as a reply to the Sols?

 

"I write in regards to the above case reference number and the order of the Sheriff letter dated 08/08/17. The Sheriff has noted that i should contact the claimant to resolve any matters in dispute before the case management discussion takes place. I am contacting yourself as you are the claimants representative for this case.

 

On the 11/07/17 i sent a CCA request to Arrow Global Limited requesting under s.78 of the Consumer Credit Act 1974. To provide me with a true copy of the credit agreement, together with any other documentation the Act requires to provide. A copy of this letter was also sent to yourselves for reference.

 

To date Arrow/Shoosmiths has failed to supply any/all of the required documentation to enforce their claim and are in breech of my CCA request.

Until you provide ALL the above I respectfully ask you discontinue the case.

 

It should also be noted that i an not interested in any ADR or Mediation until all of the required paperwork has been provided as until then I have nothing to mediate over.

 

I look forward to hearing from you."

 

 

 

I also have another question? The date set for my case management discussion is the 15h September, can i request the court to change this date as it is difficult with work commitments?

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write to the sheriff clerk and explain

copy them that letter too.

 

in light of the enclosed letter

and the fact that due to pressing work commitments...

 

either

I respectfully ask the case management discussion be moved to another date

or

it be allowed to commence, with ref to my enclosed letter only offered as my points of discussion.

 

bla bla

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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