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Bordersman

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About Bordersman

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  1. Arrow have now been sent the CCA 1. Signed for ( sent back refused) 2.First class ordinary post ( no response) 3.Email ( no response) I have not had anything from them at all, no copy of documents to be used in court or anything else. Presumably I have to await the hearing now but apart from the writ I have seen nothing at all from them.....
  2. Their address on the claim form is: 20-22 Bedford Road London WC1R 4TS This is the address I sent the CCA to. I will scan it and post here for future people dealing with Arrow Global and as a potential outcome to a CCA request to them.
  3. I received my CCA request back from royal mail stating it was refused! Not sure what to do about that how does their refusal affect the case? Presumably they would be required to accept the request?
  4. I do not know how that is possible. Presumably there is a process to go through in order to declare that an alleged debt is in default?
  5. I think so. I had quite a few branded credit cards over the years but paid little attention to who the master bank / organisation was. I just checked if FD was owned by HSBC as a posibillity.
  6. did you run up this balance? I do not know. "or is the balance on the card vastly inflated from what you think it should be and this is the HSBCicon managed loan debacle whereby they lumped all your debts to them together under a managed loan... then subsequently dumped it back into your bank account with them creating a vast OD balance. I've seen this done on a credit card too." I have never had a bank account or any other facilities with HSBC that I can remember. I think the guy who took it just looked to see if the points on the writ had been admitted or denied in numerical order and that the rest looked roughly ok. Im fairly certain its a First Direct credit card but no default notice and no breakdown of the alleged debt.
  7. One of the court administrators accepted the defense this afternoon. I asked him to look it over as I had sent it in and it had been rejected. He thought it looked fine. I have emailed the defense to Arrow Global and took a screen shot of my computer with the Arrow Global email alongside the defense letter attachment and the showing the date and time. Filed that with the rest of my documents. Presumably if I have 14 days to submit a defense then they have the same 14 days to submit their supporting documents? Its just that to date I have had nothing other than their original writ. I am also wondering why the Sheriff Clark stated that a copy HAD to be delivered by Sheriffs Officers to Arrow Global? An email or recorded delivery would be just as traceable. Thanks again. BM
  8. Would the above be fit for handing in as my defense? I could not get the formatting of the letter pasting it on here: everything above the numbered responses is formatted to the left hand side. Im going to take it over to Jedburgh this afternoon and ask if the format is ok for the court. Thanks again.
  9. JED-A32-17 12 July 2017 AVERMENT Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at 20-22 Bedford Row, London. WC1R 4JS PURSUERS Mr Borders Man residing at xxxxxx xxxxx postcode DEFENDER ---------------------------------------------------------- 1. Admitted 2..Denied. The Defender has never signed any agreement regulated by the* Consumer Credit Act directly with*HSBC 3.Denied. The Defender has never received said assignation by way of written notice from the pursuer. The Pursuer is put to strict proof the defender physically received such in person and duly responded.* 4.Denied. The Defender has never received any written demand for payment from the pursurer nor any communication prior to the writ demanding such sums. PLEAS IN LAW 1.The Defender intimates the Pursuer’s averments are of a totally speculative nature and are unable to produce all the condescended legal documentary evidence they claim to posses to support their initial writ. 2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed. MY NAME ADDRESS MY SIGNATURE
  10. The only documentation supplied by the pursuer is the statements made in the writ I scanned for post number 44. Nothing else at all. I was hoping to hand deliver my defense to the court tomorrow. Do you think the format / responses look ok? I am thinking that I cannot deny a contract exists although I have no provided proof from the claimants that one does.
  11. Thanks again dx100uk, I have drafted this as , to the best of my knowledge, it is the format the Sheriff Clark will accept. I also read the relevant defense parts of you document above and came up with this: PROD1 is my original CCA request letter. Should I also refer at this stage to proof of posting and copy the [post office receipt as PROD2? DEFENDER ---------------------------------------------------------- 1. Admitted 2.Not known and not admitted that the said contract between HSBC Bank plc and the defender exists. The defender made a request under s78 of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed. Copy of letter attached as PROD1 3.Not known and not admitted that the said contract between HSBC Bank plc and the defender exists. The defender made a request under s78 of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed. Copy of letter attached as PROD1 4.Not known and not admitted that the said contract between HSBC Bank plc and the defender exists. The defender made a request under s78 of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed. Copy of letter attached as PROD1 PLEAS IN LAW The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable. Accordingly, given the Pursuer’s averments are irrelevant et separatism lacking in specification, the action should be dismissed. The Defender denies the sums being claimed as due and the resting owing decree should not be granted as craved. It also stated on the INTIMATION OF OPTIONS HEARING letter that the last date for lodging defences is 11th JULY I attempted to hand deliver to the court on Friday 7th July but it was closed for Jedbourgh's ride out festival day. Letter in post number 44 a prospective response to Writ scanned in post number 31
  12. HI there, I sent in the defense as discussed and it was sent back by the sheriff Clark. It states " Thank you for your recent correspondence regarding the above matter. Regretfully, I am unable to accept your defenses in the form provided, and I am also unable to accept your request to the court to have your case dismissed. You may wish to consult the Sheriff Court ( Ordinary Cause) Rules for further guidance regarding this matter. I am unable to provide any legal advice, however," etc......seek legal advice or speak with citizens advice I am not sure if I sent in the information in the wrong format or what? It was a letter to the court. Any assistance would be great. Thank you for the document above. It states its for the Court of Session does this guide apply also to the local Sheriff Courts in Scotland? I have this from the above: Preparing your defences The summons served on you will include statements of the pursuer’s claim against you. You must prepare a document showing your answers to each statement. These answers must be numbered and be in the accepted format. The first page of your document must include the instance (G). This is the name and address of the pursuer(s) against the name and address of the defender(s). If you… Style and format of answer Agree with the statement in the summons “Admitted that (then complete the sentence with the statement that you are admitting to)” You can also add to this statement an explanation of why you are admitting to the statement. Believe the statement to be true but the facts are outwith your knowledge “Believed to be true (then complete this sentence with the statement set out in the summons). Do not know whether the statement in the summons is true and you do not admit it “Not known and not admitted that (then complete this sentence with the statement set out in the summons.) Deny the statement in the summons “Denied” Then After each of these answers you should give your explanation or version of facts. Finally You must sign your defences (G) and provide a backing sheet which again shows the name of the pursuer(s) against the name the defender(s), and also states for example First Defender 2 Lodging your defences You can lodge your defences in person in the General Department of the Court of Session or by post. 3 Fees A fee is payable when you lodge defences. The fee is regularly reviewed and it is best to check with the Court what the current fee is. Details of court fees are also available on our website. Your cheque or postal order should be payable to The Scottish Court Service. If attending in person payment can also be made by debit card or cash. 4 Intimating your defences to all other parties Before you lodge your defences with the Ordinary Section of the General Department of the OCoS you must write to the solicitors representing all other parties. You should tell them that you are lodging defences with the court and  enclose a copy of the defences. Contact the Ordinary Section in the General Department of the OCoS if you do not know who the solicitors are. When lodging your defences with the Ordinary Section of the General Department of the OCoS you should mark ‘INTIMATED’ on the backing of the defences as proof that you have intimated your defence to all other parties in the action. The General Department of the OCoS will check your defences are in the correct format, received on time and are signed. They will then lodge them into process and give your defences a process number. This number will help to identify them during the course of the action. I am thinking that I should resubmit as above: “Not known and not admitted that (then complete this sentence with the statement set out in the summons.) This is due to me not knowing and not having proof from them that a contract exists as they failed to respond. It was suggested that I seek guidance from these documents: https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/ordinary-cause-rules Very heavy with legal language, I think I need a published guide in layman's terms! Is there a guide on here to the exact procedure to respond to a claim for money from a bank or debt purchaser? It seems that there must be a standard way to provide defense evidence in response to the writ but I have failed to submit it in the proper format. I also have a slight concern that the 14 days for providing a defense is now up. I have just spoken with the Sheriff Clark and the format they are looking for is to respond to each individual numbered point on the writ. I asked if there was a guide to the procedure in order for people without a legal training to respond and he said there was not. He also stated I had to get my defense documents delivered by a Sheriffs Officer company!
  13. I did not put what you wrote on post 25 as I submitted form 07 on the 23rd July four days before your post on the 27th July. I was also thinking that my defense would be better by taking into account what they produced under the CCA request. As they have produced nothing I would like to show this to the court now and ask for the case to be dismissed with expenses awarded to myself ( £120.00 plus a cost for my time defending the action) I would then like to donate the expenses to the group. I just want to make sure on the wording of the letter asking to dismiss the case and asking for expenses is correct. I would also like to ensure that enough time has elapsed to show they are in breech of the CCA.
  14. A fee of £120.00 if you don not have it you cannot defend the action! I think maybe a letter to my MSP about that.
  15. Arrow Global are now out of time to reply as of today ( request posted 14 days ago) Should I hand in the defense above on Monday to make sure enough time has elapsed according to law?
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