airtomoreira
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Everything posted by airtomoreira
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dx100uk - Cap1? The original debt was with HSBC, but was sold to Arrow Global in 2014. Which one would I ring? HSBC would no doubt say "nothing to do with us any more, guv", and Arrow would no doubt say "no idea, we only took it over in 2014, we don't have those records"?
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oldrogue - thanks for that. Seems that, from what you are saying, I either CCA them now, or if they issue a claim. May as well do it now and save the hassle of defending a claim.
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dx100uk - Thank you for your personal view, however, from the above, I take it that you are not one of those who are "in the know"? As such, your opinion does confuse me, as it seems from other similar threads that it is never too soon to send a CCA request letter! There is nothing at all on my credit file about this account. As mentioned above, I cannot be sure if there have been any transactions on the account in the last 6 years or so. The statute barred route is one that I may explore, but as I'm not sure if it would work or not, I'd prefer for now to go down what appears to be the tried and tested "show me the proof" road.
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Thank you for that. I have read through lots of similar threads, however I'm sure that I'm not alone in wanting some reassurance about my own individual circumstances. I appreciate that this is no doubt very frustrating for those "in the know". Your comments about the actions of DCAs are most useful. If they are, as you say, looking for rubberstamped, undefended judgements, then surely the fact that I am sending a CCA letter to them will alert to them to the fact that, if they do decide to proceed, I am very likely to challenge their claim if they are unable to comply with my request, and they would be foolish to take it any further?
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dx100uk - I'm puzzled as to why you would take the time to look back seven years at a previous thread of mine, but not take the time to post an answer to the questions that I posed at the beginning of this one, yesterday?
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No, not the same debt at all.......the link to which you refer is about a Halifax / HBOS account. I don't see the relevance of mentioning it here?
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It's a "we will issue Court Proceedings". Had it been "may", I would have ignored it Send the CCA letter to Shoosmiths? I thought it should go to the owner of the debt, Arrow Global?
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Oldrogue - in answer to your questions, account opened probably 12 - 15 years ago, can't be any more certain than that. When was the last payment...again, I can't be sure. There's a possibility that the debt could be statute barred, but I'm looking at it from the point of view that it's not. If the way ahead is not as in my original post, then it's something I'd look at further.
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I'll try to keep it brief but succinct: I've received various bog standard letters from Shoosmiths on behalf of Arrow Global, about a HSBC Credit Card debt they bought from the Bank in 2014. I have taken no action with regard to these. Shoosmiths have however today tried to up the ante by threatening Court Action unless they have my proposals for repayment within 14 days. Is it appropriate, at this stage, to send a CCA Request letter (and am I correct in sending it to Arrow Global, who are the owners of the debt, and not HSBC, the original creditor? The letter from HSBC that I have, dated July 2014, states that "Arrow Global is now the owner of the account"). Should I also request that Arrow Global advise Shoosmiths not to take any further action until / unless my CCA Request has been complied with? Should I further write to Shoosmiths, advising them of the request that I have made of Arrow Global? This debt was previously (2012) being handled by CapQuest, on behalf of HSBC. I sent a CCA Request at that time. CapQuest acknowledged that they were unable to provide copies of the relevant documents. Should I advise Arrow Global / Shoosmiths of this fact, or is it better to keep my powder dry at this stage? If the above course of action is not the correct one for me to take, I'd be most grateful if you could point me in the right direction! Many thanks Airtomoreira
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I am the Director of a small Limited Company, totally solvent, with no creditor problems. I was today advised by my Bank that they had blocked the Company Bank account, as they had seen notice in The London Gazette that an Administrator was to be appointed to run the affairs of the company. This is totally untrue. After some investigation, I have discovered that a firm specialising in this work has sent a notification to The London Gazette, but has put the wrong company number on. Whilst the name of the company that appears in print is not my company, my Bank has searched under the (incorrect) company number, and blocked the account. Do I have any redress against the Insolvency company that issued this wrong information, as in effect they have told "the whole world" that my company is in financial difficulty, when it is not.
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42man, I understand all that, and what you've just posted is the basis for my argument that the SD should be set aside. What confuses me however is your post No.71. You seem to be indicating that there is no obligation for the other side to produce evidence that they have correctly served a DN and NoA on me, and that if they don't, then I need to ask the judge to order the other side to produce the documents. I thought that the purpose of the hearing is to see evidence of these documents - and if they can't be produced on the day, should the SD should be thrown out? You seem to be saying that there's a chance that the judge could find against me, even if the DN and / or the NoA can't be produced, and it's up to me to remind him of the law if he takes that position?
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Don't worry, I will attend court! (No, I have not SAR'd them, only CCA'd them to produce the original agreement, which they did) But do I take it from your reply that there is no obligation on the part of the other side to produce evidence that the DN and NoA were served on me correctly, even though in my Set Aside applictation I am putting them to "strict proof" to produce evidence to this effect?
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bttt
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ok, bttt. I now have a date from The County Court for a hearing for my Set Aside application, which is based, amongst other things, on a) no issue of a Default Notice, and b) no receipt by me of a Notice of Assignment. Should I now approach the Solicitors who are taking this action, and ask them to produce evidence of a) and b) having happened - am I entitled to ask for this, or do I have to turn up at Court not knowing if they have followed procedures correctly or not?
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Thank you 42man
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Sorry, but I'd like to think about it now, which is why I asked the question!! Can anyone give me the answers to the questions I asked??
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Am currently waiting to hear from the local County Court about my recent SD Set Aside application. I wish to be prepared for all eventualities, so would like to know what happens if either a) a hearing is refused on the grounds that my Set Aside application is not worth the paper it's written on, or b) a hearing is granted, but at that hearing my Set Aside application is refused As I understand it, this would give the creditor the right to petition for Bankruptcy. Leaving aside the question of whether in practice this would actually be done as it would not be financially in the creditor's interest to do so, what I would like to know is: a) Can this be done immediately, or is there any period of time which must elapse between the refusal of the Set Aside Application and the lodging of the Bankruptcy petition? b) If the Set Aside Application were refused, and I could reduce the debt to below £750 immediately (or at least before a Bankruptcy petition was presented to the Court), presumably that would remove the threat of Bankruptcy? c) If I could reduce the debt to below £750 after the date of the lodging of the Bankruptcy petition, but before the date of the hearing, would this make the petition null and void, or would it be too late to stop proceedings ? Answers to a) b) and c) would be most welcome!
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Thanks Nicklea, your last post reflects quite accurately what I have included in my Set Aside application - as one of the reasons why the SD should be thrown out.
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Well, I've already, in a previous letter to me from the Sols, been advised that I have been sent a NoA under the terms of the Law of Property Act 1925 (?) - not sure of the exact details, as I don't have the letter with me.....but if the Sols are saying that an NoA was necessary to comply with the Law, then who am I to argue!
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The original CC was not taken out with BOS, but with Bank One International, which was taken over by Halifax, which then was taken over / merged with BOS to become HBOS. So should there not be a NOA when the account was transferred to the Halifax, and another one when BOS took it over. BOS is the creditor, but not the ORIGINAL creditor?
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Is there nobody able to help me with regard to Post 52? Please??
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Third bump re Post No 52
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Encore le bump re Post 52
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Bump Re Post 52
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Now that I am waiting to hear from the Court about my Set Aside application, can someone advise me on the following: a) Costs. I know that, at a hearing, I can apply for costs if the decision goes in my favour. Equally, can the other side not do the same if the verdict goes their way (and their "costs" will be far greater than mine, employing solicitors etc as they do) b) If we go to a hearing, I am presumably entitled to see copies, before the hearing, of any documents that they will be producing in an attempt to defeat my set aside request (for example a DN and NoA....if they exist). How do I approach the Sols to ask them to produce this evidence for me to look at? Should I do this now, or wait until a hearing date has been confirmed?
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