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Found 64 results

  1. Hello, I'm in a spot of bother with Erudio. Thought I was being clever/daring etc... by returning their letters over the last five years last week received a claim form through the post, at which point I (sensibly) lost my nerve and found CAG whilst searching the internet for help. Have followed the advice in the small claim thread, filed my AOS (today), and written CCA Request and CPR31.14 to post tomorrow. Details of claim below: Name of the Claimant:Erudio Student Loans Limited C/O Wilmington Trust Date of issue: 21 NOV 2018 Particulars of Claim: 1. The claimant's claim is for monies due from the defendant under the regulated agreement(s) between the defendant and Student Loans Company Limited under master reference xxxxxxxxxxxxxxxx, and assigned to the claimant on 22/11/2013, notice of which has been provided to the defendant. 2. The defendant has failed to make payments in accordance with the terms of the agreement(s) and default notice(s) have been served pursuant to the Consumer Credit Act 1974 3. The claimant claims the sum of £7116 4. The claimant has complied, as far as is necessary, with the Pre-Action Protocol for Debt Claims Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Possibly. However, any post relating to Erudio would have been returned to sender What is the total value of the claim?£7626 (including court fee & costs) Is the claim for - Mortgage style student loans taken out between 1995 and 1998 When did you enter into the original agreement before or after April 2007 ? Before Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't think so. Experian rating was 999 as of 26/11/18 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 Erudio Student Loans Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware loans had been sold to Erudio, and was sent a notice of assignment, but returned it. Did you receive a Default Notice from the original creditor? I don't know. (sorry) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I've been returning post about once a year. Why did you cease payments? My income has never been over the threshold for repayment. Whilst the loans were held by SLC, I deferred every year. I took an ideological stance when the loans were sold to Erudio and decided to return letters with a RTS label. I thought it was worth a try. (What a wally!) What was the date of your last payment? I last deferred 25/04/2013 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 I have written the CCA request and CPR31.14 and these will go in to the post, recorded delivery, tomorrow. I have also registered with MCOL and filed AOS, ticked 'defend all' and not ticked the 'juristiction' box. I'm following other threads concerning Erudio. Next step? Await response and start researching legal successes for suitable defence? Thank you (feeling very grateful to have found you!)
  2. Hello all, My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum! I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment. Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication. I probably ignored and binned any correspondence from around this time. Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account). I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend. Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?
  3. Name of the Claimant - Arrow Global Limited Date of issue – 05 August 2016 Date to acknowledge= 24/08 + 14 days date to submit defence = 06/09 (33 days in total) - What is the claim for – the reason they have issued the claim? 1 - The claimant's claim is for the sum of £1547 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant. 2 - The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 3 - The claimant claims the sum of £1547 4 - C has complied, as far as necessary, with the pre-action conduct practice direction. What is the value of the claim? £1547 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account When did you enter into the original agreement before or after 2007? - 1996 Assigned - Debt purchaser (Arrow Global) has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent. Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so. Why did you cease payments? - unsure - possibly 2010 What was the date of your last payment? - unsure - possibly 2010 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? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.
  4. Hi, I'm new to the forum, but have been a long time lurker. First of all apologies for how long winded this is, but I hope I include all the relevant information. Alleged card debt from card taken out in 1998. Alleged debt approx £5k. Card sold to IDEM Capital Securities August 2012 Alleged Card default August 2013. Idem Capital Securities assigned alleged debt to Arrow Global November 2015 About three years ago I received multiple claims for alleged credit card debts, and with the help of this forum managed to get one claim dropped and ended, one victory in court and a few claims stayed, so thanks for the help there! Anyway, one of them doesn't appear to have gone away, and Shoosmiths appear to be applying to Northampton County Court to get a stay lifted and have my previous defence struck out pursuant to CPR 3.4 and obtain summary judgement pursuant to CPR 24.2 they claim I have no grounds for defending the claim. This was my original defence: So my defence was submitted, along with two other defences on the same date. Nothing further was received from Shoosmiths or the courts, and the claims were stayed. I should have asked to have them struck out, but I wasn't fully aware of the procedures, and couldn't afford to pay anything to the courts. So roll on two years and three months, and Shoosmiths start writing to me again, saying they did not receive my original CCA request or CPR18 letter in 2016 (funny how two more were received, and returned, and they were all sent in the same recorded delivery envelope!) They now claim they have provided all of the relevant information, and I still dispute this. Their alleged agreement is an application form for a card around the time I had allegedly taken out a few credit cards. Their "terms and conditions" is a reconstituted partial list, it even says for items X,Y,Z refer to your terms and conditions! They then have another set of terms including MBNA web address details, the web address didn't exist in 1998! Their letters also refer to one credit card number, then it changes to a new card number that they have assigned, which to me just points to multiple pieces of incorrect or fabricated information. I chose to ignore all of this further correspondence, as the claim was stayed. Then earlier this week, they have sent a further copy of this "information" along with a covering letter to me as follows: This covering letter includes a copy of their N244 Application Notice to lift the stay and all previously submitted information. Again, apologies for the long winded post, but I ask, how should I either try to stop this dead, or again defend? I am actually happy to attend court if it comes to that. I read on one of the other threads that this could be submitted. Would I be able to use it as a reply, as it has taken them over two years to get incorrect information that they think they can use in court? If anyone can reply, I'd like to say thanks now, and I will be extremely grateful. Will come back with the results.
  5. Hi everyone, I'm new to this forum and would be grateful for any advice. My mother took out a Virgin credit card back in 2010, she suffered a number serious health issues, lost her job and could not afford the monthly repayment. She continued to make reduced payments, until she was no longer able to afford these either. I carried on paying token amounts on her behalf over the last 5-6 years. The debt was passed on to a number of DCAs but I continued to pay Virgin directly. Recently a letter was sent to my mother titled "change of Agency" from Arrow and one from Shoosmiths requiring a I&E form to be completed for "payment plan review". My mothers health never recovered, to the point where I manage her finances, the only income she receives is ESA/PIP and I top up to pay the bills and rent. If I fill out the form, her basic expenses significantly outweigh her income, so I'm very unsure how to approach this and would be grateful for any advice. Thank you.
  6. The letter says if I don't respond within 14 days they will take court action. The client is listed as capquest, who are a DCA, so I'm not even sure what this relates to. Am I right in assuming if i make a SAR request now, they have to complete that before they can take any action? Or should this be a CCA request? Surely a SAR would cover the CCA as well?
  7. I opened a current account with HSBC in December 2007. With various problems I had with PDL's clearing out my bank account, I became overdrawn and I changed banks to avoid them having access to my money. My salary went into my new bank account. With some transactions going through, it went into overdraft and then exceeded my overdraft as well. I argued with HSBC that I had requested these PDL's not to access my account, but I was given the old "You gave them your card details and you owe them money". The amount racked up purely with bank charges. According to my credit report, HSBC closed my bank account in May 2010. In exactly 43 days it will be 6 years since they closed the account. It was apparently sold on to Arrow Global in September 2014. Last week I received a phishing letter from Shoosmiths asking me if I was me living at my address. Ignored the letter. Yesterday received letter from Arrow Global saying the management of my account had been assigned to Shoosmiths and I should direct all correspondance to them. Ignoring that as well. Now my thoughts are this is already statute barred, as it would have been a few months between my last transaction/payment into the bank account and when they closed the account. Does anyone have an idea how quickly Shoosmiths ramp up their harrassment from when they send the first phishing letter to when they become more aggressive? I know that in 43 days it falls off my credit report.
  8. Hello I received the attached letter from Shoosmiths relating to a mbna credit card from 2003. I defended a claim at Northampton CC in Sept 2016 they were unable to provide me with any information relating to the debt. I have received the following 1. A letter -copy attached 2. A signed agreement although I'm not sure which card it relates to as I had 3 mdna cards 3.income and expenditure form 4.default notice from IDEM 5.default notice from mbna 6.Assignment letter from arrow Not sure what to do next any advice would be much appreciated IMG_20180417_0001.pdf
  9. Hey. just received the court documents that shoosmiths are taking me to court for non payment on a 4k credit card debt. i know i owe this but just asking if there is anything i can do to try and stop the court action or even better get the action stopped. i was following a post about asking them for all different documents but the post has been deleted. any help would be great many thanks
  10. Hi i am looking for some advice on what to do with a court letter i have received. It is from an old credit card from Aqua which i had taken out back in 2013. The Claimant is now Arrow Global Limited who i assume has now purchased the debt. I have until 11.08.17 to reply. Issue Date: 06.07.17 Amount approx: £2288.42 Claimant: Arrow Global Limited Solicitor: Shoosmith LLP Original Creditor: Aqua Credit Card (NewDay Ltd) Particulars of Claim: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 18/10/2016, the claimant 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 respondent 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 respondent by the way of a written notice on or around 18/10/2016. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due. The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 of the consumer credit act 1974. it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx. on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. It was a term of the agreement that the original owner would use 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. By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use. The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00. It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated. on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default. A default notice was issued to the respondent on 30/01/2015. 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. The account remains in default. The sum due in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant. The form asks what documents they may bring to court to support the claim and they have listed.. 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 debt Statute Barred? No List any letters you have sent: None Yet Sorry for the long post but i am unsure on how to proceed with this. Should i just admit it and offer some sort of monthly payment? What would be a reasonable offer? I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case. I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this. Any advice would be much appreciated. Thanks
  11. Hi, A relative has asked for help regarding a credit card debt - original lender HBOS for £5k - dating back to 2012. Last payment made was Nov 2012 and the debt has since been sold to Arrow Global Ltd last year, 2017. A letter arrived today from Shoosmiths (who I can see from other threads are the in- house solicitor for Arrow). I have attached a copy of that letter to this thread. I am trying to offer advice to my relative but I am not sure whether this letter is a legitimate and genuine threat of court action or simply Shoosmiths phishing, given that the debt is rapidly approaching the 6 year point and, presumably, being statute barred. Can anyone offer any advice on what steps, if any, my relative should take at this point? As at today she has made no contact with Shoosmiths, the Court named in the letter or the original lender although she is beside herself with worry over the issue. Any advice is appreciated. Should also mention...the relative lives in Northern Ireland and the letter refers to an 'Ordinary Civil Bill'. docs1.pdf
  12. Hi all Apologies if this isn't right as i'm new to the forum as i'm looking for some advice. I saw that others have had a similar experience to me and was hoping you could help me too. Last week I had a Sheriff Officer at my door who in the end put the form through in regards to the Simple Procedure Claim relating to a debt from 2012. This got me concerned which led me to do a bit of searching on the internet for advice. The debt came from a time when I took on far to much and in the end couldn't afford to make payments. Yep, it was a stupid decision and one i've regretted for the last few years and this particular one is from Isme for approx £614 I believe, would need to double check the form. I actually think that the debt is Statute Barred, based on when i made the last payment which i think was back in 2012 from what i have on my bank statement. Capquest are claiming that the last payment was in July 2013, however i also had a very account which i was making payment to and the account number on the form is for Isme, which was different. As the payments were to Shop Direct as a whole would this be counted as my last payment even though it's a different account? I do know that Isme is now essentially Very and doesn't exist anymore. When i signed into my account it was via the very website, although I had to choose the separate account number for Isme. When I get home i can post more information if required although any help/advice would be greatly appreciated. Thank you
  13. Hi there I have received a hand delivered envelope (I haven't signed for it, don't know if that makes any difference) containing a Simple Procedure Notice of Claim by Arrow Global for an Aqua credit card debt. I have never received one of these before and I am not entirely sure what it is. Is this a fishing expedition by Arrow to pressure me to respond - there are no court stamps on the letter or date to attend court. A Time to Pay application has been included. The amount they are asking for is more than the credit limit as on the card, I assume the balance is made up of fees/late payment charges. If I ignore it what will happen - is it likely to proceed to court? The balance is for £737.00. I took out the credit card in November 2014, Arrow say they purchased the debt from Aqua in August 2016 and that they have sent letters on 2 occasions in May 2017 to which they had no response - I do not recall ever receiving these letters. I did make repayments to the card, but same old story, I got into financial difficulty, they started adding on late payment fees and it all snowballed from there. I am unemployed at the moment and not claiming benefit as my live in partner works full time. I do not receive any tax credits, just child benefit for 1 child. Can anyone help me as I don't really know what to do here. I have until 14/09/2017 to respond. I have been reading the forums but there is so much information on there and I don't know where to start. Thank you.
  14. Name of the Claimant: ARROW GLOBAL Date of issue : 05 January 2018 Date of issue 05/01 date to acknowledge - 23/01 date to submit defence = 06/02 What is the claim for: 1: The particulars of the claim is for the sum of £4877.34 being monies due from the defendant to the claimant under a regulated agreement between the defendant and HBOS plc (no: xxxxxxxxx) and assigned to the claimant on 29/06/2017, notice of which has been provided to the defendant 2: The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant of the consumer credit act 1974 3: the claimant claims the sum of £4877.34 What is the value of the claim: £5142.34 with fees attached The claim is a for a credit card debt When did you enter into the original agreement before or after 2007: Before 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: Yes Did you receive a Default Notice from the original creditor: probably, cant recall fully as it was 2008 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year: i don't think so Why did you cease payments: 2016 (had been making token £1 payments up till this point) What was the date of your last payment: not sure, sometime 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 in 2008 but debt was sold off and £1 token payments remained in place with various collection agencies As per above, i will apply for a CCA and a CPR from shoosmiths but any advice on what else i can do is much appreciated. thanks
  15. Hi, I received a claim on 14th feb 2015 from Shoosmiths Solicitors on behalf of Cabot. I had already sent a CCA request to Cabot on 30th Jan 2015 and they replied on 4th Feb 2015 saying that they currently do not have this information on file but have requested the information from the original lender. They anticipate the information will be provided within 40 days. I have acknowledged the claim at MCOL and I am posting a CPR 31.14 request to Shoosmiths in the morning , is there anything else I should be doing? Has anyone had any dealings with Shoosmiths before? Claim From Cabot Financial (UK) Limited Date on claim 13th February 2015 What is the claim for – the reason they have issued the claim? 1. The claimant claims the sum of £14k being monies due from the defendant to the claimant under a regulated agreement between the defendant and Lloyds Bank (xxxxxxxxxxxx) and assigned to the claimant on 24/06/2014, notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. 3. The claimant claims the sum of £14k and costs 4. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. What is the value of the claim? £14k Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Loan 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? Assigned to Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? struggled with payments so when to a debt management What was the date of your last payment? Dec 2010 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 and they failed to respond to debt managements request for CCA
  16. Hits all, I have a CCJ issued in January last year for a Capital One Credit card via Cabot / Shoosmiths. The Balance is around £1200 and I am paying it off at £50ppm. Unfortunately I hadn't found this site back then and didn't defend it. I don't have a problem paying the £50ppm I recently found some original capital one statements, it would seem that there might be some unfair charges. If I SAR Capital One and find this to be the case can I make a claim directly to Capital One for these charges, despite the balance been sold off and CCJ'd?
  17. Hi all, Hopefully someone can give a bit advice, unfortunately due to a mistake on my part i have ended up in arrears with a finance agreement through Thinksmart for a computer obtained at PCWorld. Shoosmiths who suggest that they are solicitors acting on behalf of Thinksmart although i believe they are connected have been in touch and i have communicated back via email. The debt is not huge at all but at this time of the year it can be difficult to pay back in on go. I will post the email conversation below in the hope that someone could advise how best to respond to their final email: Me to Shoosmiths: Dear Shoosmiths, With reference to the agreement number: ****** and your Ref:********* I received a letter from you stating that i am in breach of agreement and in arrears by £162.45. On checking with my bank i can see that the direct debit has indeed not been paid, i will be contacting the bank in the interim to ascertain why this has happened. I appreciate that i should have looked at correspondence from Rentsmart and that has been an error on my part thinking that it was marketing material. In order to move forward with this and with consideration that the agreement is due to end soon anyway I can offer the following as a payment plan: Friday 22nd December £60 Friday 26th January 2018 £100 Tuesday 27th February £100 This should ensure that any arrears and any due payments are finally covered. Please can i request any communication be via this email address. I look forward to your reply. Shoosmiths reply (prior to this was request to confirm address): Dear ........, Thank you for your prompt response. I must inform you that you have a further instalment falling due on 15 December 2017 in the sum of £34.15. This will increase your arrears to £196.60. My client have instructed me to terminate your account on 19 December 2017 if your arrears have not been cleared in full. I can see your proposal below shows your first payment proposed to be paid on 22 December, my client would be looking for a token payment before then to show a goodwill gesture if they were to agree not to terminate your account. I would also need a reason as to why you are not in a position to clear your arrears in full before 19 December 2017 so that I can validate the hold on termination. I look forward to receiving your response. I have formally agreed to hold your termination, I must inform you that your account is at risk of being terminated on 19 December 2017. Kind regards I'm not really in a position to make an additional payment now and my original offer was looking to include any upcoming payments, i also believe the agreement is due to end soon anyway which i need to check on, any thoughts welcome.
  18. I had a letter from shoosmiths threatening legal action if they didn't hear from me in 14 days. I CCA'd arrow and sent a CPR request to Shoosmiths for the agreement, default notice, assignment etc. I have just heard from Arrow saying that as it was an overdraft it isn't covered by CCA regulation and Shoosmiths saying much the same and saying they will now take court action. Shoosmiths also sent a statement of account the debt they are claiming relates to a M&S personal reserve account which as far as I was aware was a credit account not an overdraft as I have never had an overdraft or bank account with M&S. What is it best to do?
  19. Hi guys, been dealing with Capquest via Shoosmith. Sent CCA requests to Capquest via Shoosmiths as you can see. Even though they said no further legal action would be taken I went to court to day regardless after sitting like an edjit for several hours I went an spoke to a clerk. Turns out Shoosmith changed the hearing dates on the 20th January to 29th April and I've never been informed! At the current time I have yet to receive any documentation in regards to the CCA request yet my request has been acknowledged. Why has Capquest added £186 onto this account since last month? Why is Shoosmiths still taking me to court even though they said no further action will be taken while Capquest is "investigating"? Sorry this is meant to be the 25th not 29th.... And dont know whats going on with post images, was having bother adding them.
  20. Hi, I'm hoping someone can advise me on the above. I received a letter from Shoosmiths LLP Solicitors yesterday stating that they are acting on behalf of their client etc. and intend to take County Court Enforcement action within 7 days if no response. There is a CCJ of £12,703.99 outstanding that was judged on the 24/10/2014 which I've been unable to pay due to various circumstances. Not to give the impression of a sad story but a poor set of choices lead to a path of divorce, court battles, working two jobs, overdosing children etc etc. leading to suffering from depression and anxiety and have been on meds for some years - like many others out there, and like many others I haven't dealt with issues very well. I'm not objecting to the debt but I'm not sure how to go about responding to this. Can anyone advise me please? Some help would be greatly appreciated which I will gladly reciprocate on any part of my knowledge and experience. Spannerboy
  21. Hi Guys, Just checking something out and was looking for clarification. On my Equifax report, it states that an overdraft I had with HBOS. First late date payment was July 2011, then subsequent months late and then shows as defaulted in January 2012. I'm assuming as it shows, this means no payment since June 2011. The debt appears to have then been sold to Arrow Global as they have listed the default on Equifax in January 2012. I have never once communicated with Arrow Global on this. I obviously haven't made any payments to HBOS regarding this. Today I received a letter from shoosmiths asking for payment or even a partial payment to clear the entire amount in full and final settlement. It looks like to me they are clutching at straws and this will become statute barred as of June 2017. Can you confirm if I am correct? Thanks
  22. Hello, my wife has received a claim form from Shoosmiths on behalf of Cabot. We have been away visiting relatives and only got back Sat and the issue date was the 7th July. I quickly acknowledged the claim on sat 23rd. Has she run out of time to handle the claim. Details are below: Name of the Claimant ? Cabot financial Date of issue 7th July 2016 What is the claim for – the reason they have issued the claim? The particulars: 1. The claimant claims the sum of £668.85 being monies due from the defendant to the claimant under a regulated agreement between the defendant and JD Williams led (Jacomo) and assigned to the claimant on the 17/02/2016 Notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served. Pursuant to the consumer credit act 1974. 3. The claimant has complied, as far as necessary, with pre-action conduct practice direction. What is the value of the claim? £668.85 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue When did you enter into the original agreement before or after 2007? was in 2010 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. Cabot issued the claim 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? I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None Why did you cease payments? Finance problems What was the date of your last payment? 11/02/2016 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? No Actually I've just checked on noddle and the last payment on the account was made on 11/02/2016.
  23. My Daughter has be hassled by Shoosmiths/ARC over an alleged debt with Egg, this started in March 2011 several DCA's have written and to each we have sent a S78 request, and had nothing returned other than a blank 'example' agreement. A couple of years ago Shoosmiths issued court papers to which I filed a defence on her behalf, pointing out that S78 had not been complied with and that a multitude of DCA's and solicitors had written a range of letters alleging debts but for a number of varying amounts. Shoosmiths responded by withdrawing the court application, out off the blue today we get a letter threatening an application for Summary Judgment, and wanting us to set up an agreement for repayment with them. My Daughter had a nervous breakdown several years ago 2007/8 and genuinely has no recollection of these debts and I have been managing them on her behalf, in may cases PPI has more than covered the debt but Shoosmiths have been particularly difficult to deal with and if this is a genuine debt then it will almost certainly have PPI attached to it, but apart from a bare minimum of information they have given me nothing to work with. I feel like calling their bluff, but the amount they are claiming is around £2k0 and if genuine is not a single debt but a number rolled into one, or has a significant amount of charges added. What would be my best course of action? Thanks in advance.
  24. Dear all, I am new to the forum and in a bit of a panic. I just don't know what to do. We have been in a debt management plan since 2008 and so since then I of course have not had any credit. I've had a letter from Shoosmiths and now a Court Claim via Northampton County Court Business Centre about an Overdraft I supposedly had with M&S. I thought this strange as I have never had a bank account with M&S. The Particulars of the Claim actually state: The claimant claim is for the sum of £4219.76 being monies due from the defendant to the claimant as a consequence of the defendant incurring an overdraft whilst operating a bank account. It says the debt was assigned to them on 30/1/13 and it says they notified me of that but i have no record of that. I pay another debt to Arrow Global though so I may have received something and assumed it to be part of that. I just don't know. I did have a Personal Reserve with M&S but this was operated like a loan. There was not a bank account. The sum of the Personal Reserve was approximately £3000 but this has been part of the Debt Management Plan so I have no idea what this refers to. I sent a letter to Shoosmiths stating I din't know what they were referring to and that if it is true it is a very old debt so queried their legality in asking for it. I think we crossed post with this court summons though. I've said to the court I will defend all of it but I have to write a defence and I don't know how to do that. Can my defence be that I have no knowledge of that account and have asked for them to prove it is genuine? Losing sleep over this and have that awful sick feeling in my tummy. I don't shy away from my responsibilities and have paid back over £20,000 in debts. I would really appreciate any advice you could give me.
  25. Hi all At the end of April, my last bad debt falls away from my credit rating However i just got a letter from shoosmiths ( debt already gone from my credit report) saying that 'If we cannot agree during the next 14 days how you will repay the amount outstanding to Arrow Global limited, we will issue Court proceedings against you for the full sun outstanding together with legal costs. We will not contact you again to warn you that the proceedings will be issued. They have been sending letters in bursts over the years but I've been ignoring them, this one seems like the end of the road. - out standing sum is just under 10k - i cant afford to pay or even offer a lump sum at the moment - it's a loan taken out in 2006 and I remember signing the agreement with HSBC. - I'm nearly 99.9 per cent sure i have made payments in the last 6 years -I don't want to ruin my credit rating by another 6 years ccj - Should i call them? If i ignore this letter how likely are they to issue Court proceedings? I rather pay them 20 quid a month ( currently not working) then have a ccj
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