Can anyone advise.

Just received court papers from Shoosmiths on behalf of Arrow Global for an old Marks and Spencer store card debt.

I can postup the details of the summons hopefully later today if needed.

However the particulars of the claim are very long winded and look as if they have been cobbled together from a pro forma.

I am also unable to copy and paste from this IPad, so will have to type very word out. It is a Simple court case.

The card was taken out in 1997, and defaulted in 2004, when my partner and I ran into serious debt difficulties , after I suffered health problems and lost my job and haven't worked since.

At that time I agreed a repayment plan with them from our joint bank account , which was adhered to until 2015.

The court papers say Shoosmiths will provide a copy of the agreement, assignment paperwork etc if a defence is raised.

Looking at this I think I need to first get a copy of the Credit agreement from 1997, and now have a letter ready to send to a Shoosmiths contact address from a previous letter they sent.

However am I able to approach the named Shoosmiths legal representative to ask for them, as that would be quicker.

Can I contact him via the email address stated on the court papers as his contact point?

And if I do, is there anything else I should be asking for.

At present I am undecided as to what to do and am fast turning into a nervous wreck

. I thought in Scotland a copy of the agreement had to be attached to the court papers.?

My approach is if they have the agreement to either suggest a reduced final settlement figure or ask for time to pay,.

If they don't have the agreement I would want to look at trying to defend it somehow. Although with my health, not sure if I could attend the court.

Hope this makes sense.

Haven't slept for weeks due to injury, and now this is just added on top.

Any advice very welcome.

Did they issue the court claim through the Scottish courts ?

See this link

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

It's issued through Scottish courts.

I read the info on your link and tried to post up all the questions and answers about the claim.

But because I can't copy and paste into a post I had to type out both questions and answers, which took a long time.

After all that I pressed submit and nothing happened.

Maybe it took me too long to do and timed out.

I'll try to repost it all later maybe splitting all the info it over 2 posts will help?

But can anyone tell me if I can approach Shoosmiths named legal representative for a copy of the agreement so I can evaluate how I want to respond to the claim.

Here are some of the answers to this claim.

I will post the answer to the question Claim is for Section D on claim form later as it is really wordy compared to most Claim particular details I've seen on this forum previously.

Issuing Court. - Kilmarnock

Claimant. - Arrow Global

Solicitors. - Shoosmiths

Type of Action - Simple

Last date Service - 25/08/2017

Last date response - 15/09/2017

Documents in Box E2 - Copy of Credit agreement, financial statements, assignment notice.

Type of account. - Store Card

Date entered into agreement - 1997

Claim issued by - Debt purchaser

Did I know it was assigned. - Yes

Did I receive default notice - Probably so long ago (2004) I can't remember

Been receiving statutory Notice of Default sums - M&S used to send them out monthly up to about 2011 then stopped.

Allied Global bought the debt in 2013 they say.

Can only remember receiving 2 notices from them, both sent this year.

When was your last payment - 2015

Why did you cease payment - mix up .

We started paying debts from my partners account in 2011.

With all the assignments and reassignment which went on he cancelled the direct debit .

Is there an unresolved dispute - No

Did you communicate financial problem to original creditor. - Yes back in 2004 and we entered into a reduce discussion payment plan from 2004 to 2015.

Thanks. Particulars of claim i.e.

Box D2 on claim form read as follow.

It is very wordy.

The said contract between the Original Owner and the respondent is a regulated credit agreement in terms of Section 189 of the Conusmer Act 1974.

It is dated --/--/1997 and relates to a Store Card issued by the Original Owner for Store Card with account number xxxxxxxxxxxx.

On numerous occasions between --/--/1997 and --/--/2004 the respondent utilised the credit facility created by said agreement by purchasing goods and services on credit using the facility.

It was a term of the said agreement that the Oriignal owner would issue statements in relation to the account on amonhtly basis upon which would be stated the current balance the minimum payment which required to be made in terms of said agreement and the date by which said payment 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 the payments to be made each month fluctuated from month to month depending upon use.

The last payment made by the respondent thereunder was made on --/--/2015 in the sum of £-.--.

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

On or around --/--/2004 the respondent 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 Respondent on --/--/2004.

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 said agreement amounts to £xxx.

The right to receive payment of the sums due in terms of the said account vests in the Claimant.'

That's all of it.

I will alert site team, as this involves Scottish claim, which most people won't know the process.

No panic yet, as you have time to do what you need to do.

If you are using an Ipad, you can copy and paste. You just touch and hold on screen for about a second next to the word (starting point) and it gives you option to select. You then drag to highlight the text you wish to copy and it comes up with option to copy. If you study ipad quides of which there are many online, you will learn how to do this. It takes time getting used to it.

Hey well done

We've all we need

Looks like to me you've been cashed cowed for years on this blindly paying a no powers dca

They are not bailiffs and have no legal lowers whatsoever

They'll not have a chance of getting an enforceable agreement for 1997

So this claim should be an easy brush off

Get a CCA request running to arrows

DONT do Anything else!!

Never do anything without asking here first

And never ever talk on the phone about tour debts

I'll post a thread to read you'll get the idea

One last point..no they no longer have to inc paper work with a claim

How was this served signed for or by hand?

Although this is a cat debt

The process is the same

Worth a read

http://www.consumeractiongroup.co.uk/forum/showthread.php?476571-Cabot-Nolans-Dumfries-simple-procedure-claim-old-JDW-CAT-Debt&p=5023871#post5023871

Thanks DX. Just about to start reading your linked thread regarding similar claim.

Hopefully I can take in all the information.

The summons was delivered by hand.

I didn't sign for it,

My CCA request to Shoosmiths will be sent next day special delivery later today.i

That's brill

You have until the 15th sept

This one should be easy to bat away

When you've 5 mins

Full history on this debt please

How did they start cash cowing you [the dca's] all those years ago??

Shame you blindly been paying for +13yrs

Total paid

Ever had a statement from them?

In 2004 as previously said we ran into serious financial problems due to ll health and resulting loss of employment.

With no idea what to do we wrote to all our creditors and set up a repayment plan with them all via CCCS now called Stepchange.

This ran until 2008, when I decided to dump CCCS after they refused to stop paying a creditor who actually agreed they owed me money for an old cat debt.

We set up payments directly from our joint account and I stopped paying a couple who could not or would not provide a credit agreement back then.

A couple of these are now statute barred.

When contacted annually to provide new I&E info to creditors, I ignore their letters.

The payment continued to around 2011, at which time we stopped paying from a joint account and set up D/D payments from an account in my partner' name only which I have no access to.

Although this account was sold to Arrow Global in 2013,

payments to this account continued to be paid to M&S direct until 2015.

When I mentioned to my partner he should change the payment from M&S to Arrow Global.

He stopped the payment to M&S but somehow didn't set one up to Arrow Global.

I just ignored all Debt collection letters now as over the years any old accounts we still pay, have been changed and assigned to various people i no longer know who is who. So this is why I am now in this predicament.

It is not a very large amount which has been paid in 13 years, probably around £1000

It is a sickener though to know that 13 years later you are never free from being chased by phone or letter by these people.

For 13 years we have managed without a credit card or getting into any debt.

As my health is precarious it seems I will be hounded by these people until the day I die.

And then they will probably go after my share of our house or something.

Nice to see you did question your debts and sent CCA requests

So in the past was an agreement supplied on this then?

I didn't request one for this account.

don't know if they will have one.

Back in 2008 we only asked for CCA copies if the original creditor sold the account to a debt collector.

M&S didn't sell to Arrow until 2013 from their statement, which is probably right.

At that time I was also very ill, so these things take a back seat.

The wrong thing to do I know now.

I think that when the card was taken out in 1997 M&S cards were financed by RBS.

I thought as they said they would produce a copy of the credit agreement of the case was defended, then they must have one .

Didn't realise a legal company might bluff it. Albeit I'm not saying they are bluffing..

That's all dcas do BLUFF

800'000 speculative claims issued every year

85% go undefended = default rubber stamped judgement

They won't get a CCA for a 1997 m+s card

Just realised you told me to send CCA request to Arrow Global.

all the paperwork I have from Arrow Global with exception gives contact detail addresses for the debt collection agencies they farmed it out to.

E.g. Wescot with the latest being a Shoosmiths correspondence address in Manchester.

( not Shoosmiths in Edinburgh who are representing Arrow Global in this court case)

do I send it to Shoosmiths Manchester or try to find a head office address for Arrow Global?

Apologies for being so uncertain.

The CCA normally goes to whoever owns the debt or is legally responsible for complying with such requests.

If Shoosmiths are dealing with your debt, i would send it to them and it is up to them to ensure it gets to whoever needs to deal with it.

Thanks will do. Gets very confusing when whoever owns the debt keeps changing debt collection agencies very few months.

arrows address will be on the court form

please send it to ARROWS not a solicitor

they are NOT a creditor and will ignore it.

Have sent to Arrow Global . It is their head office address . Thnaks

..

My thread seems to have disappeared from the Debt in Scotland forum and when I look at my user profile I don't seem to be subscribed to any threads , not even my own? . Have only been able to post this by accessing an old email.

It's more than 2 weeks since I sent a CCA request to Arrow , and have heard nothing in response.

Having read the linked thread which provides info on defending a Store Card ,

should I now use that info to start putting together a defence.

Do I have to provide an answer to every line statement of Arrows box D2?

click your username

should have been in Scotland forum from day one my bad

there are numerous like threads here already too.

Received a reply from Arrow today, saying they do not accept they are the creditor as envisaged by the above statute, however they are willing to assist, and will now process my request for documentation from the creditor, and will revert in due course.

They say they confirm all collection activity will be suspended pending provision of the documents.

I assume the court claim is still going ahead, so do I just start putting my response together using the info you provided in th elinked thread.

Std reply from them

You can start but its not due till the 15th

Thnx for reply.

Do you think it's best to leave defence until nearer the last response date in case they come up with this agreement?

Shoosmiths stated on the form they would provide it in the event of any defence,

how could they do that if Arrows don't even have a copy on my file?

that's dca's and their muppet solicitors for you.

i'd be leaving it a few weeks yet.

Closing date a week tomorrow,

I have to post out Mon/ Tues as that is only time my O/H can make it to a Post Office.

Can't hand it in as the court is over an hours drive from us.

Have taken the info from the post, you provided a link for, to put in sections D1 and D2.

Changed dates dates to reflect my circumstances etc.

.Is there anything else I should add?

Section D5 asks what steps I have taken to try and settle the dispute?

Should I state again I requested a copy of the CCA and provide the info from Arrow Global's letter which also says they will stop collection procedures until they provide it.

As surely this should mean halting this court case?

Or should I just leave this blank

Any help greatly appreciated.

leave D5 blank

post up you response form here 1st please

already had I person recently that made a stupid mistake and it almost lost the hearing before it even started.

you can attach your suitably redacted form here as a PDF if you click UPLOAD and read.

you don't need to post it, you can submit your form 4a by email - its on the claimform

Thnaks for link to upload pdf files. Has hopefully worked. as I said I have simply taken what you suggested for the other poster.

As905 Respondance Form.pdf