name the issuing court: Airdrie Sheriff Court
Who Is The Claimant: Arrow Global Limited
Who Are the Solicitors: Shoosmiths LLP
What type of action? (Simple/Ordinary): Ordinary
What is the claim for –
The Pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and hbos plc dated 28/02/2017, the pursuer acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to the original owner which were in existence as at the date of the agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of a written notice on or around 28/02/2017.
The said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the consumer credit act 1974. It is dated 21/01/2008 and relates to a personal loan agreement with account number XXXX. It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve notice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.
On or around 30/01/2013 the defender failed to make payment of a sum which had fallen due and the said account therby entered into default. A default notice was issued to the defender on 30/01/2013. The defender failed to remedy the default upon service of the said notice and the account was accordingly terminated in accordance with that notice. the account remains in default. The last payment made by the defender thereunder was made on 10/11/2016 in the sum of £13.11. The sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £5057.92 in terms of the agreement and the written notice hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said account vests in the Pursuer. A copy of the credit agreement, statements of account and notice of assignment will be produced in any defended process to follow hereon.
The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.
PLEAS IN LAW
The pursuers having acquired the right to payment of the sums due by the defender under and in terms of the contract as hereinbefore condescended upon, the pursuers are entitled to payment of the sums due in terms thereof.
The sum sued for representing the debit balance due under the contract, decree for this amount should be pronounced as craved
date of raised claim :- ?
Last Date Of Service:- ?
Last Date For Response:- 7/11/19?
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 ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- personal loan
BOX D5 what has the claimant stated: make payment of the sums sued for
from your knowledge: answer the following:
When did you enter into the original agreement before or after 2007? 2008
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?
Did you receive a Default Notice from the original creditor? believe so
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure
When was you last payment:- 11/2016
Why did you cease payments:- 11/2016
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? yes dmp til 11/2016