Arrow Global/Shoosmith summary cause summons - Old Santander Credit Card dEbt - Edinburgh **Absolvitor with expenses**

[sgianthebard]

I've just received a summary cause summons from Arrow for the sum of £4324.32 for a credit card debt I owe.

 

This debt is not SB and won't be for a while. The summons is legit and I have to answer it.

 

My question is this:

If I took PPI out with the credit card, can I make a counterclaim,

stating that the amount the pursuer is claiming is incorrect because of owed PPI and interest?

If I did, any opinions/advice on how this might go?

 

Or should I just bite the bullet and make an application for a pay over time?

 

Thanks for any advice about this. I'm considering going for a midnight swim in the Atlantic.

[dx100uk]

certainly in E&W you cant use the PPI no

so prob not so in Scotland either

 

 

tell us about the debt please

 

 

were you resident in Scotland when you took this out?

 

 

dx

[sgianthebard]

Thanks dx.

 

Debt is from a Santander credit card I took out in 2008.

 

Payments were on time and up to date until I separated from my wife.

 

With my income halved, and other debts, I could not afford the minimum payment.

 

I wrote to Santander and explained asking for help, but they weren't interested.

 

I defaulted 20/08/11 and only recently (a few months ago) started getting letters from Arrow telling me to pay them the debt or else.

 

Well, or else is now upon me Court return date for my reply is Nov 14th.

 

I can follow the procedure on the guidance notes in the summons, but I'm scared what will happen to me.

 

I am just barely keeping my head above water just now and working all the hours I can.

 

I'm not looking for sympathy, it's my own damned fault.

 

there it is.

 

It's not Y&K on this one, it's Shoosmiths LLP from Saltire Court in Edinburgh that are acting for Arrow.

 

oh also, I'm pretty sure that a large chunk of the £4323 is charges for defaulting etc

[dx100uk]

if arrows have issued the claim

 

 

the satans bank must have sold it on

 

 

yes PPI/PENALTY charge swill be the reason for that I'm sure

but those I believe are of no use toward the claim.

 

 

can you check you credit file please

I bet arrows are shown as the owner

 

 

did you get notice of assignment from them recently?

 

 

dx

[sgianthebard]

checked credit file with noddle yesterday - Arrow Global Ltd are the owners. I did get a letter of assignment from them a while back, but to be honest, I just ignored it.

 

I hate this idea that people can buy a debt for 1/10th it's value and pursue the full amount. Why didn't Santander offer ME the loan for a settlement of 1/10th? i would have begged, borrowed or stolen to get £432 to pay it off.

[dx100uk]

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

[sgianthebard]

Re: You have received a Claim - **ISSUED IN SCOTLAND** - What you need to do.

 

 

What is the claim for – 

 

1. The parties are designed in this instance. The named defender resides at (address redacted). The defender has been so resident for more than 3 months immediately preceding the raising of this action. The defender is domiciled there. This court accordingly has jurisdiction. There are no proceedings pending before any other Court involving the present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another Court.

 

2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Santander UK plc dated May 2013, the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due or owing by the defenders to Santander UK plc which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of a written notice on or around the date of assignation.

 

3. The said contract between Santander UK plc and the defender is a regulated credit agreement in terms of Section 189 of the Consumer Credit Act 1974. It is dated 4 February 2008, and relates to a credit card agreement with account number (number redacted). The said account is in default and the sum due thereunder is due and payable now. As the date hereof, the sum due in terms of the said agreement amounts to £4,324.32 conform to copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore condescended upon, the right to receive payment of the sum in terms of the said statement of account.

 

4. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.

 

What type of action? (Small/Summary/Ordinary)

It is a summary cause summons

 

Is the claim for a current or credit/loan account or mobile phone account?

It is for a credit card (not loan)

 

When did you enter into the original agreement before or after 2007?

Feb 2008

 

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.

account has been assigned to Arrow Global Ltd and it is Shoosmiths lawyers on behalf of arrow who have issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes. I received one, and then approx 5 months later I received another one saying that the date of assignment the first informed me of was incorrect and gave me a new date of assignment.

 

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 ?

No

 

Why did you cease payments:-

personal circumstances changed (divorce, job redeployment to a lower paid job, fuel cost increased) and made it impossible to meet the minimum payments.

 

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?

I wrote to the original creditor explaining my situation and asking for help. I received no reply.

 

 

 

If you have not already done so – send a CCA1974 request (section 77/78/79 request) to the claimant (unless its anoverdraft/Mobile/Telephone debt)

I sent this off last week recorded delivery.

 

What's my next step? Should I fill in the court form and say I'm defending, or should I co for a continuance? Or should I wait 12+2 days to see if Arrow return the documents I have asked for?

 

What if they don't send me the documents? Does that mean I can go to court and ask for the case to be dismissed?

 

Thanks for any guidance on this. I'm trying to get things done as quick as I can but I work 60-80 hours a week and finding time is difficult.

Edited October 21, 2014 by sgianthebard
clarity

[dx100uk]

defend all - I brlieve

 

 

there are other threads in this forum

 

 

check there.

[IdaInFife]

on what basis will the defence be?

[sgianthebard]

Depends on whether I receive the documents I have asked for.

 

 

If they don't send me the documents,

 

 

I believe my defence will be that they have not provided me with the documentation I requested.

 

 

This may not be a defence at all.

 

 

That's why I'm here - I'm asking for advice on whether this should be defended and if so, what could my defence be.

 

 

I'm not as clued up as most on this site.

[sgianthebard]

I have read as many threads on here regarding this subject as I can find, but most of them stop before the conclusion of the cases so I don't know if any were successful or not.

 

I'm also wondering how successful I would be in asking the court to write this debt off due to my financial circumstances being so bad that the likelihood of me paying this debt off in less than 100 years is slim.

[dx100uk]

I would think no docs would be a killer for them.

 

ida knows more

 

let me just go have a browse

I'm sure theres a threads or too here

or in the financial legal issues

about Scottish claims.

 

the issue here ofcourse might be its a post apr 2007 sign up

so a recon might suffice them.

 

not sure.

 

this one seems ok though no resolution

 

it shows the process

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?212609-Summary-cause-Summons-Scotland.-MBNA

 

dx

[sgianthebard]

Yep dx, that's the one that looked most interesting to me. I read it thru the other day and was disappointed to see no resolution.

 

However, this great forum is full of great info and tactics and I'll commit myself to digging thru it all (the search function is extremely handy!)

to try to make myself a defence that will work. I'll certainly keep posting my progress as I go along this road.

 

I was just thinking this morning as I left home for work,

that there is another house in my street (that's the third in 2 weeks)

that are adding extensions or making improvements to their buildings.

 

 

This must surely be a sign that things are getting better financially for people.

...and isn't it now a coincidence that the banks/DCAs are now starting to crawl out from under their rocks to demand payments from people.

 

 

Funny how they were very quiet during the years that they were found out as being unscrupulous, unlawful arrogant Alan B'stards.

 

Aw well, back to life as usual I suppose. We normal people will continue to survive while the bankers light cigars with tenners.

[IdaInFife]

ok so when you did you take the card out?

 

was it online or in a bank?

 

or through the post?

 

is this the only debt you have?

[sgianthebard]

took the card out in 2007 (Feb)

 

It was online

 

I also have a secured loan that was with Picture Finance Ltd>Picture>Target>IDMS (and possibly another company in between...can't remember now)

 

 

I'm in massive arrears on this one and even though I've been paying for 10 years this December,

I still owe as much as I took out. And I've paid over £70,000 back on it

 

Apart form that, no other debt, just usual bills.

[dx100uk]

that need investigating

start a thread in the secured loans forum sometime

 

 

dx

[sgianthebard]

Today I'm sending a CCA to Shoomiths (the lawyer representing Arrow Global) just in case it should have been thenm I sent it to in the first place.

 

Can anyone let me know when I should sent in an IA to the court? I don't expect Arrow or Shoosmiths to return the documents requested in the CCA, so I guess I'll need more time.

 

I'm sending a CCA to Shoosmiths (lawyers representing Arrow Global) today just in case it should have been sent there in the first place.

 

When should I take an IA to the court? I don't think Arrow or Shoosmiths will supply me with the documentation requested in the CCA, so I'll need more time to prepare my defence.

 

Ahh..sorry for double post. I didn't think the first one had gone thru.

[IdaInFife]

In my opinion a post 2007 online agreement they will get no problems and putting all your hopes on them not having this will crash. - never seen one not produced

 

however:

 

when is the return day ?

[sgianthebard]

return day is Nov 14th

 

If they do return the documents, I'll defend the action disputing the amount as I have no doubt there will be charges and possibly ppi included.

[sgianthebard]

No documents have arrived from either Arrow or their lawyers.

 

However, I did receive a letter from Debt Managers (services) LTD of Rotherham,

stating that they are no longer dealing with this account and telling me to contact Arrow directly

(I already did this, sending a CCA to their PO box - I am assuming this is a reply from the recipient of that CCA request).

 

I am submitting the court papers in 30 mins time,

saying that I intend to defend

but have not yet received documents requested,

which I rely on for my defence.

 

I have also typed up a letter asking for the case to be postponed and temporarily sisted,

and that the court orders ARROW to comply with my request of the cca.

(template letter from this site).

 

II will ask the clerk if I should wait to the hearing date to submit this letter

or if I should submit it along with the papers of my intention to defend today.

 

I'll keep updating on the situation.

 

papers returned.

The clerk was not particularly helpful.

He asked if I intended to turn up in person on the hearing date.

I said yes but when I tried to explain that I had not yet received requested docs which I was relying on for my defence, he just said that I had noted that on my papers and I should just turn up on the hearing date.

 

With that, he walked away...

[IdaInFife]

You would need to request these via an Incidental application

 

INCIDENTAL APPLICATION

 

Sheriff Court:

 

Summary Cause Summons Number:

 

Date of Next Hearing:

 

(Their name) Pursuer against (your name) Defender

(address) (address)

 

The defender requests the court to postpone the hearing fixed for xxxx 2009 and that the case is temporarily sisted.

 

The defender also seeks an order for the recovery of documents from the pursuer in relation to the claim made against the defender.

These documents are vital to the defender in order to compile a full defence.

The documents requested to be recovered are listed below:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account

at the time of default and at the time the account was opened.

 

2. All records the pursuers hold on the defender relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by the pursuers, or by any previous creditor

b. Where there has been any event in the defenders account history over this period which has required manual intervention by any person, the defender requires disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

c. True copies of any notice of assignment and/or default notice or enforcement notice that the pursuersor the original creditor sent the defender, with a copy of any proof of postage that the pursuers hold.

d.Documents relating to any payment protection insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of the defenders data as required by the Data Protection Act 1998

h. A list of third party agencies to whom the pursuers have disclosed the defenders personal data and a summary of the nature of the information the pursuers have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents the pursuers seek to rely on in court.

 

 

Signed:

Defender:

Dated:

[sgianthebard]

Thanks Ida,

 

 

I already have that letter written.

 

 

I took it with me and considered submitting it at the time I handed in the return papers.

 

 

But my intention is to appear at the hearing date and if the pursuer does turn up,

 

 

I will present the letter of IA then.

 

Unless you think this is wrong?

[IdaInFife]

i would get it in beforehand

[sgianthebard]

I received a letter from Shoosmith's today. Here is the content:

 

Dear Sir

 

Arrow Global Management Limited -v- Sgianthebard

Client Agreement Number ************

Court: Kilmarnock Sheriff court

Court ref ******

Return date: 14 November 2014

Calling Date:28 November 2014

 

We refer to the above matter and to your letter dated 26th October 2014

 

we confirm that copies of the original agreement along with statements in relation to the above account have been ordered.

 

 

Once we are in receipt of the said documentation we shall forward theses (sic) on to you.

Please note that documentation may take up to 6 weeks to obtain.

 

We note in your letter you state that a payment of £1.00, however we confirm there was no payment included with your letter.

 

Should you wish to discuss the matter further, please do not hesitate to get n touch.

If you contact us we will need to confirm certain personal details for data protection purposes.

If it is not convenient for you to telephone during the office hours shown above,

please leave a message on the above number to confirm the most appropriate time of day and the relevant telephone number for us to call you.

 

If you need to seek advice then you should do so as a matter of urgency.

You may wish to contact a Solicitor or one of the organisations listed below who are able to provide independent advice, taking this letter with you.

 

yours faithfully,

 

SHOOSMITHS LLP

 

 

 

What's my next move please?

[dx100uk]

6 weeks!!! they have 12+2 working days if you sent the CCA request from here

 

 

typical reston speculative claim mind.

hoping the defendant doesn't contest it

and they get a default decree.