So, the incidental hearing was a waste of time.

I sat from 10:30 - 12:58, at which point I was called, Shoosmiths did not show, and the judge decided the matter would be dealt with on the existing court date, the 22nd.

All in all, utter nonsense.

Alright, thanks to everyone so far!

My incidental hearing date has been set - I've read through the link you posted earlier dx (pancake rolls application), and it all seems pretty straightforward. Is there any other advice for the hearing?

Great, thanks again to all!

I have submitted this morning. So, fingers crossed for a dismissal!

I've just noticed that there is an additional "DF" on my noddle report account history in November 2014. Does that mean Arrow have issued an additional default notice? I haven't seen it, and i undertstand (correct me if I'm wrong) that it should be unlawful for them to issue a default whilst in default (ahem) of a CCA Request.

Should I write to arrow to ask them to remove it? (Though, I can only imagine what their response would be)

Amazing, thankyou!

I should say, finally; defend or counterclaim?

So, how do I defend from here?

I don't think it's safe to assume it's extinguished, and if I include the statute barred defence, doesn't it acknolwedge the debt?

If I didn't pay it off, then it could have been serviced up to March 2010,

and then lost when I closed all my student accounts and moved to RBS.

I see where you are going with this..

. I received the money from my fathers estate in March, just shy of 5 years ago.

It would make sense, if i had missed something, and they would bring court action now because it's just shy of the 5 years.

No paperwork recieved, and there was no update of address because I believe the account was settled with everything else.

I can yeah, and yes it was. Do you need details?

16 digits. In fact, it doesn't even match the account number shown by noddle.

Yes, I have moved many times.

The only thing it could be is that GE Card.

The only other credit stuff I have ever had was with HSBC (my student account),

RBS (my current account with an small overdraft) and my mobile phone contract.

The only things in my credit file are This ARROW GLOBAL stuff and my RBS overdrafts.

Great, thankyou for your help, really.

Here's an slightly updated version:

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below.

 

 

 

1. Paragraph 1 is noted and accepted.

 

 

 

2. Paragraph 2 is denied, I am unaware of any assignment from the claimant, nor Santander nor have I ever received any statements or any Notice of Sums in Arrears from any party.

 

 

 

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

 

 

3. Paragraph 3 is denied, I have never had any dealings with Santander UK Ltd.

It is worthy to note that Santander UK Ltd did not enter the UK market until 11th January 2010.

this alleged 'Loan agreement' dates from 10th September 2006, well before said period.

 

 

 

Notwithstanding the above, on receipt of the above claim, a section 77-79 request was made, for information pursuant to the consumer credit Act.

The request was made on 25th October 2014 by recorded delivery and signed for by the claimant's legal representative on 28th October 2014.

No response was received, the claimant is therefore in default of my CCA Request.

 

 

 

In a subsequent letter, dated 3rd of December and sent by recorded delivery, signed for by the claimant's legal representative on 4th December, I reminded the pursuant's legal representative of said lack of CCA Return, to this I received only an acknowledgement of my complaint.

 

 

 

In a final attempt to attain the alleged documents that are essential to the pursuant's claim and not included in said claim, I applied to the Sheriff on 22nd of December, copying the letter the the pursuant's legal representative, under ACT OF SEDERUNT (small claims RULES) Chapter 133, for recovery of the documents specified above. As yet, I have received no notice of the recovery of documentation, other than a letter from the pursuant's legal representative to say that "The matter has been placed on hold meantime while we investigate the matter further".

 

 

 

4. It is, therefore, expected that the Claimant prove the allegation that the money is owed.

 

 

 

5. On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 82A of the Consumer Credit Act 1974.

 

 

 

It is denied with regards to the Defendant owing any alleged monies to Arrow Global Ltd. The Claimant is put to strict proof to:

 

 

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed

or any relief, and as such any legal action carried out under these circumstances is not only speculative, but also vexatious, constituting unlawful harassment.

Thankyou very much for your help (and spelling correction!).

I guess I'll just go to the court on monday and submit my defence as it is,

and if an IA hearing occurs then hopefully I can flush this out.

Yeah, I have done that as well - that was the part mentioned under "The Act of Sederunt". I haven't recieved anything back from that yet.

No, nothing.

[ATTACH=CONFIG]55179[/ATTACH]

Not much better. Though I see the amount has jumped up too. What the hell?

Thanks for the heads up! Unfortunately my experian file didn't help either. Here's a scan:

[ATTACH=CONFIG]55178[/ATTACH]

I had a GE store card,

but I'm pretty sure I settled that about 5 years ago following my fathers death.

Obviously things were pretty crazy complicated at that time

(I was a student at university, sitting exams as well settling all of his affairs as I was executor of his estate).

It may be one of his accounts that I missed.

Could this have transferred to my name because of the executor-ship?

All in all because the solicitor won't even acknowledge my requests for information,

I can't pin down what this is, particularly as I had believed I had settled all my student debts at the point.

Thanks for the links @dx100, though I've already read that stuff, and the advice has been very helpful.

I'm just looking for someone to check through my defence for mistakes / omissions etc before I submit it, because it's from an English system template, and obviously we do things differently up here...

Hi,

I was wondering if anyone could run their eyes over my proposed defence,

and possibly advise whether I should defend or counterclaim.

I have been through the CCA request procedure,

as I really don't know what this debt is,

and as you'll read in my defence, got nothing back.

My return date is 5th january, so this is getting a bit close to the bone....

the summons i received from the sheriff court: is attached

And here is my proposed defence, (thanks for the template!):

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below.

 

2. Paragraph 1 is noted, although I am unaware of any assignment between the claimant, as alledged in paragraph 2, or what the account number in question refers to as alledged in paragraph 3, as I have never signed an agreement with Santander UK plc. Furthermore, Santander UK Ltd was formed on 11th January 2010, and the alleged agreement is dated 10th September 2006. The claimants particulars are vague spurious and lacking any precise reason or nature of claim.

 

3. Paragraph 2 is denied I am not aware of any assignment as stated above or any requests for payments. I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt

 

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

4. Notwithstanding the above, on receipt of the above claim a request for information pursuant to the consumer credit Act (section 77-79). The request was made on 25th October 2014 by recorded delivery and signed for by the claimant's legal representative on 28th October 2014. No response was recieved, the claimant is therefore in default of the statuary 12 days.

 

In a subsequent letter, dated 3rd of December and sent by recorded delivery, signed for by the claimant's legal representative on 4th December, I reminded the pursuant's legal representative of said default, and notified them of the unlawful nature, under CCA 1974 s77(6), of any continued attempt at enforcement whilst the default continues. To this I recieved only an acknolwedgement of my complaint.

 

5. In a final attempt to recover alleged documents that are essential to the pursuant's claim and not included in said claim, I applied to the Sheriff on 22nd of December, copying the letter the the pursuant's legal representative, under ACT OF SEDERUNT (small claims RULES) Chapter 133, for recovery of the documents specified above, including :

 

(a) Any Valid Deed of Assignment related to the account stated in the claimants' claim

(b) Any valid Deed of Novation, as above and if applicable

© Any valid, original Consumer Credit Agreement, as above

(d) Any valid Statement of Account as detailed in the claimant's claim.

 

As yet, I have recieved no notice of the recovery of documentation, other than a letter from the pursuant's legal representative to say that "The matter has been placed on hold meantime while we investigate the matter further".

 

6. It is, therefore, expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 82A of the Consumer Credit Act 1974.

 

It is denied with regards to the Defendant owing any alleged monies to Arrow Global Ltd. The Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

8.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief, and as such any legal action carried out under these circumstances is not only speculative, but also vexatious, constituting unlawful harassment