first of all - I managed to get another case dismissed back in August thanks to the fabulous advice on here

- this latest query is a wee bit different though.

My wife has just received simple procedure paperwork today from Arrow/Shoosmiths for a supposed Aqua credit card debt.

This is going to be fun as the paperwork was addressed in her maiden name and to an address that she was not living at the time the card was taken out

- the address being next door to where we currently live

- yes, I married the girl next door!

we were married and she had been living with me for over a year prior to this card being taken out

- and neither of us know anything about it.

personally, I suspect that this has been fraudulently taken out.

We have a very open financial relationship so it's not a case of her hiding anything from me.

The Sherif officers have delivered to our current address in error obviously assuming that there had been a typo in the address.

I can prove that she moved in over a year prior to the card being taken out.

She can prove via her banking that she has never paid to an Aqua card.

Also we can prove that we were married at the time and that she had changed her name.

How do I proceed with this one?

follow the std rules of engagement this 1st please:

https://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: Edinburgh Sherriff Court

Who Is The Claimant: Arrow Global Limited

Who Are the Solicitors: Shoosmiths

What type of action? (simple/Ordinary): Simple

What is the claim for –

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

2.It is dated 16/11/2012 and relates to a credit card issued by the original owner for aqua credit card with account number xxxxxxxxxxxxx.

3.on numerous occasions between 16/11/2012 and 29/01/2016 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility.

4.It was a term of the agreement that the original owner would issue 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.

5.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 9/6/2015 in the sum of £100.

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

7.On or around 29/01/2016 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 29/01/2016.

8.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.

9.The account remains in default.

The sum due in terms of the said agreement amounts to £2957.50.

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

last Date Of Service:- 08/02/18

Last Date For Response:- 01/03/18

What Documents are listed in Box E2: " 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 claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt : - Credit Card

from your knowledge: answer the following:

When did you enter into the original agreement before or after 2007? After

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

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? no

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

When was you last payment:- have never made a payment

Why did you stop payments : never started payments

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

My wife did not at any point take out a credit card with Aqua. and certainly not in her maiden name at a different address.

point 6

is that typed in exactly as stated?

the claimant cannot issue default notices

" and would entitle the claimant to serve a Notice of Default on the respondent "

yep - copied verbatim.

I think the work experience kid must have written this one.

apart from the amateurish claim - it's all academic from our point of view as my wife did not take out an Aqua cc using her maiden name at a previous address - so do I just deal with it via the court or do I need to report this to the Police to get them to investigate and treat it as fraud?

both

actionfraud - get a ref number.

it would have been an online application via the newday site.

i'd follow the std Form 4a approach but we'll tweak it a bit.

can you begin to collect documentary proof that she was living elsewhere a the takeout date

CTAX bill

Voters record

util bill

to me this looks like fraud by a family member?

or friend of one at the address?

Have already started on a list of what to dig out.

Once i've done that i'll speak to police & action fraud.

The property she was in was a rental and there were issues with the landlord - which ended up costing them both income & their landlord registration so I have my suspicions.

even though its somewhat immaterial

you did send Arrows a CCA request?

and?

it would be nice if you bothered to update your thread on cag

you have been online in the last 7 days to cag numerous times but have failed to update us

Hi - I've not been on here since my last post but it looks like I've not logged out since my last visit.

I phoned Edinburgh Sheriff Court this morning as had heard nothing since submitting the defences and was just curious

- only to be told that there is a case management meeting tomorrow morning!

just got home to a bundle of paper from Shoosmiths

- a copy of a signed agreement (with a signature that doesn't look like my wifes) and a pile of statements but not covering the whole period (appears to be online gambling - neither of us are gamblers) - this should have been supplied 14 days ago!

there's no default notice or anything else with it.

My wife still has no idea and I've never seen any mail in relation to this.

One thing that concerns me is that the address is now magically correct

I have copy CT accounts and marriage cert proving name change and proof of residency to take with me tomorrow.

I'll update once tomorrow is done

thank you.

so the case management hearing notification went to the old address again.

when you sent the response form did you not put the correct address on it?

can you scan up what you have to one multipage pdf

read upload

and?

please tell us what happened

pm sent