Capital One - Arrow Global - Shoosmiths

[hairy]

Hi,

 

Looking for some advice on with the companies above.

 

my partner has received a small claims summons from the Sheriff Court in Scotland requested by Shoosmiths on behalf of Arrow Global (original creditor was Capital One).

 

In the almost 6 years I've been with her,

I've never known about this debt until last October when she received a letter from Shoosmiths.

I responded to them asking them what this was about (I never admitted to the debt in the e-mail I sent).

 

My thinking is that it's statute barred as the 5 years have passed.

 

 

My question is,

how do I go about finding the information I need to prove this and who do I contact to get it?

 

Any help is much appreciated.

[Bazooka Boo]

Checking her credit file will be the very first option.

[hairy]

Checking her credit file will be the very first option.

 

I'm waiting on the code to come through the post to access it online.

 

I was thinking one step ahead if it shows the time has lapsed.

[Bazooka Boo]

Have you acknowledged the claim yet?

[hairy]

Have you acknowledged the claim yet?

 

No,

I contacted them back in October to inform them that we didn't acknowledge the claim

and ask they provide the relevant information which went unanswered.

 

The next we heard of it was the sheriff officer delivering the summons.

I have since written a letter to them (recorded) signed by my partner asking them to deal with me.

I gave them 5 working days to acknowledge this which will lapse tomorrow.

I'm not holding my breath for a response.

 

I'm not sure what their game is unless they want us to do nothing and the court will issue the decree.

[ericsbrother]

Exactly that.

[hairy]

I've received a copy of the credit report and there isn't even a mention of either Capital One or Arrow Global contained in it.

 

Any advice on what I should be writing to these chancers?

[BRIGADIER2JCS]

OK I would suggest a short letter to Shoosmiths.

 

 

Sir/Madam

 

 

I refer to recent correspondence and the court claim issued on behalf of Arrow Global in regard to an alleged debt originating from an account with Capital One Bank, please not no liability is admitted for this debt'

 

 

I have concluded that any such debt is statute barred and as I am resident in Scotland the debt is extinguished therefor no payment or offer of payment will be made.

 

 

I refer you to Appendix B of the OFT Guidance on Debt Collection 2003/2006 up dated Nov. 2012 for information on the status of statute barred debts in Scotland.

 

 

Recorded sign for post, and check delivery.

 

 

I suggest that Shoosmiths closes its file on this matter and returns it to its client.

[hairy]

Hi All,

 

Looking for some advice.

 

I had an old debt which Shoosmiths were chasing on behalf of Arrow Global who had bought it from Capital One.

 

There was due to be a hearing in court in May '14.

 

 

The day before court I received a letter from Shoosmiths saying the matter had been dismissed and there would be no further action.

 

In February this year I received a letter from Shoosmiths stating their intention to have the debt repaid once again.

 

When I informed them of the letter to dismiss previously sent by them they claimed I had sent an e-mail offering to settle the day before court the previous May.

 

I can't recall sending an e-mail that day and have no record of this e-mail I supposedly sent.

 

 

I remember speaking on the phone with them that day but ceased all contact when I got home from work and found the letter to dismiss.

 

I requested a copy of the alleged e-mail which was never sent.

The next contact I had was them telling me there was an incidental hearing which I attended last week.

 

I produced the letter to dismiss and the solicitor for Shoosmiths seems to be going down the route of my alleged settlement offer.

 

There is now another hearing in court scheduled for September.

 

If anyone has information on where I stand it would be very much appreciated.

[IdaInFife]

Have you asked for all paperwork to be produced?

 

Just like a SAR but as its now at court you can ask for the same for free.

 

You can request all the info through a IA

[hairy]

Have you asked for all paperwork to be produced?

 

Just like a SAR but as its now at court you can ask for the same for free.

 

You can request all the info through a IA

 

I haven't asked for all paperwork yet. I have SARs drafted for other matters so I'll edit and send off.

 

What's an IA??

 

If there is an e-mail to settle where do I stand?

 

The date of the e-mail they claim is the day after they wrote the letter to dismiss.

 

Will they use that against me and claim that I couldn't have known about the dismissal if I were willing to settle?

[maroondevo52]

 

What's an IA??

 

 

Incidental application.

 

An application that can be made during the course of a case for certain orders. Examples are applications for the recovery of documents or to amend the statement of claim.

 

The incidental application should be taken or sent to the sheriff clerk.

 

The sheriff clerk will then fix a date for parties to be heard on the application. If the person making the application is a private individual or sole trader, and not represented by a solicitor, the sheriff clerk will send a copy of the application to the other party.

 

At least two days’ notice of the date fixed for the hearing of the application must be given to the other party. If the party receiving the application then tells the court they are not opposing it, the application will not have to call in court. The sheriff will decide the matter on the day set down for the hearing, and no attendance by the parties will be required.

 

If the party receiving the application intends to oppose it, (or fails to tell the court that they do not intend to oppose it) the case will call in court. The sheriff will hear those parties who attend on the application and decide the matter. Therefore it is essential that the party making the application appears or is represented at court on the date fixed to hear it.

 

If the party against whom the application is made does not appear, the court may grant the application in their absence.

[hairy]

Incidental application.

 

An application that can be made during the course of a case for certain orders. Examples are applications for the recovery of documents or to amend the statement of claim.

 

The incidental application should be taken or sent to the sheriff clerk.

 

The sheriff clerk will then fix a date for parties to be heard on the application. If the person making the application is a private individual or sole trader, and not represented by a solicitor, the sheriff clerk will send a copy of the application to the other party.

 

At least two days’ notice of the date fixed for the hearing of the application must be given to the other party. If the party receiving the application then tells the court they are not opposing it, the application will not have to call in court. The sheriff will decide the matter on the day set down for the hearing, and no attendance by the parties will be required.

 

If the party receiving the application intends to oppose it, (or fails to tell the court that they do not intend to oppose it) the case will call in court. The sheriff will hear those parties who attend on the application and decide the matter. Therefore it is essential that the party making the application appears or is represented at court on the date fixed to hear it.

 

If the party against whom the application is made does not appear, the court may grant the application in their absence.

 

Thanks. So I received notice of an IA from Shoosmiths and I attended the hearing in court last week.

 

I presented the letter to dismiss from last year and the solicitor representing Shoosmiths had no knowledge of this.

 

I was then told the matter would be recalled later that morning. When it was, the solicitor had spoken to Shoosmiths who claim I offered to settle the day after they wrote the letter to dismiss.

 

I told the court I had no knowledge/record of the alleged e-mail and had previously asked Shoosmiths to substantiate this claim with no response.

 

Another hearing was set for September.

[Bazooka Boo]

Well if they don't have that offer in writing, then their claim is nothing more than hearsay!

[hairy]

Well if they don't have that offer in writing, then their claim is nothing more than hearsay!

 

Agreed, although I'm preparing for the worst that they have the e-mail.

 

My query is how does this change things considering it was sent after their letter to dismiss?

[Bazooka Boo]

Did you make that offer?

 

You can trawl through your sent folder, but if you can't remember it will be very easy to

know if they have simply fabricated the email in order to catch you out.

[hairy]

Did you make that offer?

 

You can trawl through your sent folder, but if you can't remember it will be very easy to

know if they have simply fabricated the email in order to catch you out.

 

I usually keep a good record of these things and when I couldn't find it in my folder for this matter I checked through my sent folder and nothing in there either

[Bazooka Boo]

Then they're clutching at straws, I wouldn't be overly concerned.....

 

But belts and braces for your peace of mind, I'd screen dump both 'in' and 'sent' folder screens, just so you have that info to hand.