Arrow/Shoosmith MBNA card Ordinary cause Scottish claim ***Decree of Absolvitor CLAIM DISMISSED***

[UsedCarMan]

1st time poster needing help quickly

 

Got court claim form out of the blue from this lot for £6300 credit card with MBNA.

 

Never had any correspondence from Arrow at all previously.

 

Card was taken out with Abbey National in 1993

 

Need to respond to court by 9th August

 

Unsure what to do

 

i sent a prescribed letter and CCA request with £1 to Arrow

 

They sent my £1 back with a letter stating they do not accept that they are the creditor

and also said the debt had been last serviced in Dec 2010 but no evidence to back this up.

 

If they are not the creditor then why are they the pursuant taking court action via Shoosmith?

 

Who is the creditor then?

 

They have stated however that they are willing to assist with my CCA request only

and they will contact the creditor and get back to me in due course.

 

This is all they said they will do and any further correspondence I have should be forwarded to Shoosmiths.

 

My credit file shows the account with MBNA as "satisfied" but there is a later entry from Arrow showing default.

 

Only got 2 days to respond to court so can any CAGer quickly help me out with advice to point me in the right direction please?

 

UCM

[dx100uk]

Scottish or English court form

 

dx

[UsedCarMan]

Scottish or English court form

 

dx

 

Scottish court

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426351-Unknown-Debt-and-Court-Action-Started-Urgent-advice-needed

[UsedCarMan]

Thanks dx.

I am almost in the exact position as with this gentleman

 

except I was employed but earnings were well down and priority was given to

mortgage, council tax, utilities etc. this debt was simply not affordable

due to the rapid rise in the APR and minimum payments.

(Looking back this was all around 07/08 when financial system went haywire)

 

My gut tells me to defend as I feel that the pursuer/solicitors are not playing ball

with requests and compliance etc.

 

Is this an attempt to scare me into admitting claim and not go to court ?

 

U

Should I ask legal advice from Citizens Advice or similar?

 

UCM

[dx100uk]

i'll put a plea out

 

yes always defend the lot

 

and request paperwork via CCA

 

dx

[UsedCarMan]

i'll put a plea out

 

yes always defend the lot

 

and request paperwork via CCA

 

dx

 

Notice to defend handed into court.

What do I need to do now?

 

I still await CCA request fromArrow.

How long do they have to respond?

 

Also do I write to Shoosmith requesting copy of what papers they say they hold against me?

 

Do I send a CPR letter?

 

TY

 

UCM

[AndyOrch]

Yes you can send a CPR 31.14 request but only for documents referred to in their particulars.

 

Andy

[UsedCarMan]

Still not received copy of CCA request from Arrow Global. I asked for that on 25/07

 

i have to file defence case papers to sheriff court (scottish case) by thurs 02/10/14.

 

Is there a letter template on here that I can use to state defence of non-compliance? Or do I send a letter personally to court or do I need to do this via a solicitor's letter?

 

thanks in anticipation

marco

[dx100uk]

not exactly sure on Scottish defences

 

 

but the basis will be the no paperwork/holding defence' I'm sure

 

 

on lots of threads in this forum [financial legal issues]

 

 

dx

[UsedCarMan]

Success !!!!

 

Case dismissed by sheriff yesterday. Been awarded the right to claim expenses too !!

 

They can appeal but why would they as they didn't show at court or provide any paperwork evidence at all!!

 

Thank you to all who helped me in this thread and to all who are viewing this... Stick up for yourself and don't let these parasites intimidate you at all

 

UCM

[dx100uk]

hey great result

 

 

now, to help others as Scottish stuff is limited

how about outlining what you actually did and sent people?

 

 

would be nice.

 

 

dx

 

 

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[oleg]

excellentissimo

 

Pls do tell us the story

[UsedCarMan]

Hello all

Sorry but Not been on site since case dismissed.

 

They pursuer simply did not turn up physically in court nor did they ever supply any evidence at all with copies of default,assignment,original CCA when requested.

 

They have however made another claim which is in court in a couple of weeks

 

This time they have sent a photocopy page with my signature and a 2003 date.

 

This is a fairly poor copy and has no reference to said account number at all.

It is NOT certified as a true copy.

 

 

Also supplied is a copy of t&cs but again this makes no reference to said account.

Also these t&cs have a later address on it.

I have moved house twice since original date.

 

The copy of account I allegedly signed for and the t&cs do not correspond together

 

Where is the copy of original t&cs when I signed?

 

 

I believe that a creditor must supply the original t&cs as they were when the agreement was executed

and must supply a copy of original along with any change.

The APR terms on original are different (lower) than what is on the later t&cs

 

I do not believe that they have been compliant with the CCA1974 and this is my defence

 

Any help and advice again would be much appreciated

 

UCM

[dx100uk]

def not complied then

[maroondevo52]

When was the last payment made on the account, did you ever send a SAR for details on the account and was there any PPI on it.

[UsedCarMan]

When was the last payment made on the account, did you ever send a SAR for details on the account and was there any PPI on it.

 

Last payment dec 2010

No ppi

Sent a letter with the standard £1 fee requesting details and they sent the £1 back saying they were not the creditor

[SabreSheep]

Whoopsie there then

 

Make sure you know marey Carey vs HSBC

[sillygirl1]

Cross reference with the original case and present a statute barred defence as well.

[UsedCarMan]

Is the whoopsie by me or them?

 

Also in what point is Carey v HSBC fully relevant?

[IdaInFife]

108. Accordingly, I conclude that Reg. 7 requires *a copy of the executed agreement in its original form *as well as a statement of the terms as they are at the time of the request."

 

"SUMMARY OF FINDINGS:

 

234.

 

(4). If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms."

[dx100uk]

So what happened on their 2nd bite?

 

Dx

[UsedCarMan]

Hi DX

 

sorry not been on site for a while. case has dragged on all thru 2015. Great news though.

 

WON my case last week.

 

Asked Sheriff for Decree of Absolvitor which he granted me WITH expenses !!

No chance now of a 3rd go now.

 

Fought this all along on my own. Had legal for a few months but costs had to found to keep then acting for me but that was not possible so defended this myself.

 

At each court hearing they never produced any evidence of proof.

What they had was weak and did not wash with the Sheriff.

 

Sheriff said Shoosmith was toiling after debate in October

where they showed no evidence of owning the debt by way of a Assigment Notice.

 

Sheriff even had the clerk check the original claim(that they failed to defend) for this letter.

Nothing in there either.

 

They then contacted me wanting to have the claim sisted while they wanted more time to try and get documentation.

This I refused and it went back to next hearing.

(I was even asked after court by their solicitor for S.78 letter which they said they never had!!!!)

 

At next hearing they asked Sheriff for more time and he asked me if I was happy to do so.

I declined and told Sheriff that they had ample time to produce evidence

and that he had already dismissed this claim first time round.

 

Sheriff was now aware that I was very inconvenienced by this process and told pursuers that.

I moved to get earliest Diet of proof hearing which was set earlier this month.

 

At that hearing they wanted to call a 'witness' to which I asked why.

Sheriff refused this as he said they were out of time to do this

and also what relevance would a witness coming up from England be)

and we went to the hearing on evidence.

 

The day before the evidence hearing I was asked by Shoosmith what i was intending to do

to settle the claim so as they did not want to go to court if they could.

I told them I was appearing. This was last week and

 

when I arrived at court I was told they were abandoning the case!!.

Sheriff asked me if that was ok with me

I asked him would it bring this claim to an end.

 

He said if he dismissed it then there was nothing then to stop them bringing the claim back a third time.

I declined this and asked him for Absolvitor.

 

He said he couldnt agree to that as he would have to hear all evidence first

and would have to arrange another hearing.

 

I asked why and said they had NO evidence to give and asked again.

After a moment of deliberation he agreed and granted in my favour.

 

 

At the end He said he was not happy with Shoosmith and was going to ordain them to appear the following week

but he did not as by then he seemed utterly 'hacked off' with them

that they kept this action going all year on no real evidence whatsoever.

 

I fought this all the way as they did not provide any compliant documentation or evidence of the debt.

 

NO letter of assingment.

NO confirmation that they bought my debt as part of an assingment deal.

NO copy of the original agreement with all the terms and conditions.

(copies supplied were incomplete, no account numbers, etc)

 

To all readers :

Fight them all the way !!!

Do not give in !!!

Make them Prove their claim !!!

NO COMPLIANCE ...NO WIN !!

 

They wimped out at the end.

 

I DID NOT

 

 

UCM

[AndyOrch]

Excellent...well done UCM

 

Regards

 

Andy

[dx100uk]

hey well done a 2nd time

 

what was the org claim?

 

was it a 1a