Arrow Global / Shoosmiths returned my SAR

[yaffsimone1]

I could do with a bit of advice.....

 

An old 2007 disputed debt has reared its ugly head. Shoosmiths are the Sols acting on behalf of Arrow Global, Arrow Global have 'alledgely' purchased this debt and sent notice of assignemnt albeit no documents ever recevied.

 

To go into the history of this will take an age....so briefly, on 15.9.11 i sent a full SAR request to Shoosmiths as they are the ones in correspondance with me. On the 19.5.11, through Shoomsiths, i received a CC summons, the Claimant being Arrow Global. I filed my AOS on 20.9.11 but dont intend to issue my defence just yet. The cheeky buggers AG not Shoosmiths write to me on 22.9.11 (two days after filing AOS) sending back my cheque of £10.00 and saying that it should be made payable to AG not Shoosmiths?? and that my request of 15.9.11 is no longer valid.

 

By sending it back and saying its not valid means i cannot say in my defence that the SAR was issued before the CC claim was recevied? and if i resend a new SAR and cheque it cannot be used in my defence as it was done after i filed my AOS?

 

Can i just send the cheque back saying poke it, it is valid regardless of who i sent it to, after all Shoomsiths are acting on bahalf of them?

 

Also AG have blatantly lied about when they recevied the SAR, i have the signature from the Special Delivery saying it was signed for 16.9.11 at 7.36 am yet AG state Shoosmiths did not recevie it untill the 21.9.11? Funny they recevie a letter, compile a response and post it out to me in the same day...i dont think so!

[yaffsimone1]

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Edited September 23, 2011 by yaffsimone1
didnt know how to delete a post

[yaffsimone1]

Arrow Global will happily accept a payment from me via Shoosmiths but they wont accept a £10.00 PO??

 

I havent paid them anything thats just an argument!

[BRIGADIER2JCS]

A SAR should always go to the

Original Creditor, Shoosmiths obviously

cannot accept your payment.

Also Arrow would be within their rights

to return it as well so send it to the ORIGINAL

CREDITOR, which is?????

[yaffsimone1]

RBS are the original creditor, but Arrow Global are the Claimant they have insisted that they have purchased this alleged and debt and issued a NOA and have a right to sue me., however, I have not recevied any formal documents from AG or Shoosmiths apart from the CC claim hence why i sent them SAR.

 

I cannot properly defend this claim unless i have all the historical information. Should i SAR all three of them, RBS, Shoosmiths and AG?

[BRIGADIER2JCS]

NO just RBS, when debts are sold it

is with the absolute minimum of information

the DCA and the debt purchase company

will not have the data you require.

Brig.

[yaffsimone1]

Thank you.

 

So im assuming an SAR to RBS wont help as its Arrow Global who are suing me and i need to get them to prove the particulars of thier claim, if i cant SAR them and they have ignored previous requests how do i go about getting this is alledged paperwork to defend my claim?

 

Thanks

[BRIGADIER2JCS]

The SAR goes to the original creditor,

who will have all the historic data

regarding the debt.

You get the information from the SAR,

it's been refused because you have sent

it to the WRONG company.

[yaffsimone1]

Thank you i realise now that i sent it to the wrong company, however, in the meantime how do i get Arrow Global to provide copies of the documents that they alledge to have already issued. Will this come as a result of the SAR that i will now send to RBS or are AG responsible for sending copies of thier own paperwork?

[yaffsimone1]

If AG are the owners of this debt and they are the claimants are they not responsible for providing the evidence to back up their claim?

[BRIGADIER2JCS]

All should be included in the SAR

except a copy of the agreement

which is covered by the Consumer

Credit Act 1974, sect. 77/78.

[BRIGADIER2JCS]

If you want to defend the claim

YOU need the information to be

able to see how it stands up against

their claim, otherwise how are you

going to defend.

[yaffsimone1]

Ok that now makes sense, RBS should be able to provide everything to back up this Arrow Global claim including Arrow Globals Notice of Assignment? after all unless AG can prove they own this debt they have no grounds on which to bring this claim. I note your comment about the Credit Agreement, this was requested back in 2007 but never supplied, however, i have been told that the SAR should contain a copy of the credit agreement also. For under the CCA 1974 certain information is allowed to be removed but under a Data Protection Request it is not, it has to be the full, true copy

[yaffsimone1]

If you want to defend the claim

YOU need the information to be

able to see how it stands up against

their claim, otherwise how are you

going to defend.

 

Exactly, thats why im trying to establish who i am supposed write to to get the back up to AG's claim.

[BRIGADIER2JCS]

There is no obligation with

a SAR to provide the agreement

2 separate pieces of legislation

CCA 1974, Data Protection Act,

some creditors may provide

an agreement others will point

you to CCA '74.

[BRIGADIER2JCS]

The sar to the oc>

[yaffsimone1]

I have had nothing from RBS, Shoosmiths or Arrow Global to back up that Arrow Global have:-

1. the right to issue a claim

2. that there is actually a valid credit agreement in place that can be enforced, and if there is they have not issued a default notice which needs to come before enforcement

 

I will write to all of them asking for information, they will need to provide what they have at some point for the purposes of the court bundle. If they dont respond or provide the information i guess it will either get stayed or i see them in court

[BRIGADIER2JCS]

If you want the information from

all of them you will need to SAR

ALL of them with the £10.00 Statutory

Fee, they then have 40 days to comply.

[yaffsimone1]

Am i allowed to submit an SAR to the original creditor after my acknowledgement of service but before the final defence submission date? Im asking this because i know that once the defence is submitted i cannot go back and add to it, but what happens if i dont get the information required in time for the defence submission date, can i request it to be stayed?

[BRIGADIER2JCS]

Yes!!

[yaffsimone1]

If you want the information from

all of them you will need to SAR

ALL of them with the £10.00 Statutory

Fee, they then have 40 days to comply.

 

Thats not a problem i will SAR whoever i need to.

 

This more principal than money, in 2007 i exercised my rights and they have all ignored me ever since...untill now

[BRIGADIER2JCS]

Fine!!! You Can SAR absolutely any

organisation, company, authority you

may wish to as long as you pay the stat fee.