shoosmiths LLP / Arrow Global - Claim Form Received

[duntisdave]

We should make clear to you that older C1 agreements routinely appear to be either untraceable or non-compliant therefore defending the claim is almost certainly in your interest; it pains me to see defeatist talk such as "can I offer them £5/month? " What, and go without your Kit Kats?

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Got It! thanks

[duntisdave]

We should make clear to you that older C1 agreements routinely appear to be either untraceable or non-compliant therefore defending the claim is almost certainly in your interest; it pains me to see defeatist talk such as "can I offer them £5/month? " What, and go without your Kit Kats?

: (

 

 

[duntisdave]

Hi

 

This is a CCA request http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

You need to send it to AG along with a blank P.O. for £1 . Send it signed for delivery . Get that sent off ASAP.

 

 

If they have not complied with the CPR request I think you should also be asking for an extension in filing your defence

 

 

 

Hi fletch70,

does it have to be a PO, and not a cheque?

And how do I ask for an extension in filing my defence.

Also, I still need assistance in actually filing my defence. How is this done? Do I actually have to attend court?

 

 

Thanks again!

[oleg]

Dave I have twice asked to you to tell us the agreement inception date - usually shown at start of Shoos' debt collection [but not pre-court] letters. Do you have it or not?

.

Mr Fletch Sir, I did not say my account had been written off, most creditors don't volunteer such nuggets of information; I merely said that Shoos gave up on me.

As for my policy of wilful silence, it has served me very well across all my creditors - and I'm now, for most accounts, at that nail-biting interregnum between L P and D N respective 6th anniversaries.

An added bonus is that I never again need to buy wallpaper. Wescot **** alone would cover the dining room - but also put me off my spag bol.

.

Dave, forgive me for having digressed in your private space.

[oleg]

Hi fletch70,

does it have to be a PO, and not a cheque?

And how do I ask for an extension in filing my defence.

Also, I still need assistance in actually filing my defence. How is this done? Do I actually have to attend court?

 

Many prefer P O on the fear that a signature could be lifted to forge a fake signed CCA. If you share

that concern you should use P O or

ask someone else to write a cheque for you.

The defence can be composed using others you will find on the forum and adapted to your situation. And it will depend in part on what responses - if any - you receive to the requests you have sent out.

[oleg]

ps You would need to attend court, unless settled first, otherwise the enemy would get a default judgment. Don't worry, it's relatively informal, not wigs and gowns.

The gallows are kept there on show just to encourage all parties to behave.

[duntisdave]

Dave I have twice asked to you to tell us the agreement inception date - usually shown at start of Shoos' debt collection [but not pre-court] letters. Do you have it or not?

.

Mr Fletch Sir, I did not say my account had been written off, most creditors don't volunteer such nuggets of information; I merely said that Shoos gave up on me.

As for my policy of wilful silence, it has served me very well across all my creditors - and I'm now, for most accounts, at that nail-biting interregnum between L P and D N respective 6th anniversaries.

An added bonus is that I never again need to buy wallpaper. Wescot **** alone would cover the dining room - but also put me off my spag bol.

.

Dave, forgive me for having digressed in your private space.

 

 

My Apologies Oleg.

I only have the last letter Shoosmiths sent me, and it does not contain the date that we need. Any letters I had before that I (stupidly) threw away. Sort of 'burying my head in the sand'.

I have requested my credit file from Equifax, hoping that date and other information will be on it. As soon as I know, I will post on here. Thanks again.

Oh, and you are forgiven.

[duntisdave]

Still waiting for Equifax to give me access to my credit report. Paid £11.95 online, took my money, but still no access!

Still had no response from either Shoosmiths or Arrow global. Therefore, will my defence be that, due to having not been supplied with documentation to prove the alleged debt, I cannot be expected to defend it?

[duntisdave]

Hi All,

I hope some of you are still reading this, haven't had any replies for a while!

As an update, I received the following in the post this morning form Arrow Global:

"We thank you for your letter dated 4/4/2014, received on 9/4/2014 and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

 

 

We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor, and will revert in due course.

 

 

We confirm that all collection activity will be suspended pending provision of the documents."

 

 

Now, does this mean that the court case will be suspended, or are they trying to trick me into not entering my defence in time, so that judgement will be awarded against me?

Or, does it mean I can relax and do nothing else until the requested documentation has been received?

Any advice will be most welcome!!

Thanks again

[BRIGADIER2JCS]

All collection activity suspended do nothing until the CCA request is properly met.

[citizenB]

What date is your defence due ?

[duntisdave]

What date is your defence due ?

 

 

 

I think it has to be in by the 18th April

[duntisdave]

All collection activity suspended do nothing until the CCA request is properly met.

 

 

Thanks, Brigadier. Will I have to contact the court? ask for an extension? or will that all be done by the claimant now?

[oleg]

The letter you received on 12.4 is their standard template response to a CCA request. It suspends collection activity *only*. Whilst it would be unwise to proceed with legal action absent a fulfilment of your request, I would not, knowing Shoos, put it past them to slip in through the back door to obtain a default judgment in the expectation that they hope they've tricked you into believing legal action has been put on hold. Just my opinion, Dave, but far better to be safe than sorry. I would be proceeding exactly as if I had not received that template at all.

[duntisdave]

HI All

So, with a lot of help from other threads on this site, I have drafted a defence. Any chance any one could look at it, and let me know what you think? I need to submit it by Friday.

Thanks in advance!:

####Defence####

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is nor ever been approached since the alleged assignment of over 3 years ago up until receipt if this claim.

On receipt of this claim I requested information pertaining to this claim from Shoosmiths LLP Solicitors and Arrow Global Guernsey Ltd. by way of a CPR 31.14 and a section 78 request. To date, no response has been received from Shoosmiths LLP. Arrow Global Guernsey Ltd. have replied to the section 78 request, however they do not accept that they are the creditor, and have yet to furnish me with the requested information. They have stated that they will “assist in obtaining that which has been requested” and have also stated that “we confirm that all collection activity will be suspended pending provision of the documents”

Therefore with the court’s permission the Claimant is put to strict proof to:

(a) show and disclose how the Defendant has entered into an agreement; and

(b) show and disclose how the Claimant has reached the amount claimed for;

© show how the agreement was legally terminated to allow the claimant relief.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act

and Section 82A of the Consumer Credit Act 1974.

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Particulars of Claim brought forward to cross check with the defence.

 

1. The claimants claim is for the sum of 684.80 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Capital One (Europe) plc (No. 12345678912345) and assigned to the claimant on 25/02/2011, 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 684.80

 

4. C has completed, as far as is necessary, with the pre-action conduct practice direction.

 

 

Amount Claimed: 684.80

Court Fee: 55.00

Solicitors costs: 70.00

Total Amount 809.80

[oleg]

You said you need to submit "by Friday". Have you checked with court whether they accept a defence submitted on a holiday as having been received on time?

[duntisdave]

Particulars of Claim brought forward to cross check with the defence.

 

1. The claimants claim is for the sum of 684.80 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Capital One (Europe) plc (No. 12345678912345) and assigned to the claimant on 25/02/2011, 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 684.80

 

4. C has completed, as far as is necessary, with the pre-action conduct practice direction.

 

 

Amount Claimed: 684.80

Court Fee: 55.00

Solicitors costs: 70.00

Total Amount 809.80

 

 

 

Hi Andy.

Do I have to add this to my defence? where does it go?

Thanks

[AndyOrch]

Hi Andy.

Do I have to add this to my defence? where does it go?

Thanks

 

No I brought it forward for reference as you asked if your defence was ok.You cant check a defence without looking at the particulars....bit like asking check my answer without telling us the question:wink:

[duntisdave]

No I brought it forward for reference as you asked if your defence was ok.You cant check a defence without looking at the particulars....bit like asking check my answer without telling us the question:wink:

got it! Thank you!!!!

[duntisdave]

You said you need to submit "by Friday". Have you checked with court whether they accept a defence submitted on a holiday as having been received on time?

 

Wish I'd seen this before I'd submitted my defence - sent it in using MCOL at 8.00 pm on Thursday night, however, discovered that unless it was sent in before 4.oopm, it will not be processed until the next working day - that will be this Tuesday. Does this mean my defence will have been deemed to have been submitted late, and therefore will I have a judgment issued against me by default?

[duntisdave]

Well, my defence was submitted and accepted by the court, and a copy has been sent to the other parties solicitors. They now have 28 days from date of receipt to respond. I still have not received any requested documentation. Counting the days!

[duntisdave]

Hi All,

I could do with another question answering, if anyone's reading this?

I have had a letter from the court saying that a copy of my defence is being served on the claimant, and they have 28 days to respond. Any one know when that 28 days starts from? My defence was received on 22nd April

Thanks!

[AndyOrch]

From the day the claimant received its copy.

[duntisdave]

From the day the claimant received its copy.

 

 

 

Thanks Andy. How do I know when they have received it?