Jump to content


Arrows/shoesmiths scottish claim - old GE money 'debt'


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2492 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I was wondering if anyone could run their eyes over my proposed defence,

and possibly advise whether I should defend or counterclaim.

 

I have been through the CCA request procedure,

as I really don't know what this debt is,

and as you'll read in my defence, got nothing back.

 

My return date is 5th january, so this is getting a bit close to the bone....

 

the summons i received from the sheriff court: is attached

 

And here is my proposed defence, (thanks for the template!):

 

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below.

 

2. Paragraph 1 is noted, although I am unaware of any assignment between the claimant, as alledged in paragraph 2, or what the account number in question refers to as alledged in paragraph 3, as I have never signed an agreement with Santanderlink3.gif UK plc. Furthermore, Santander UK Ltd was formed on 11th January 2010, and the alleged agreement is dated 10th September 2006. The claimants particulars are vague spurious and lacking any precise reason or nature of claim.

 

3. Paragraph 2 is denied I am not aware of any assignment as stated above or any requests for payments. I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt

 

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

4. Notwithstanding the above, on receipt of the above claim a request for information pursuant to the consumer creditlink3.gif Act (section 77-79). The request was made on 25th October 2014 by recorded delivery and signed for by the claimant's legal representative on 28th October 2014. No response was recieved, the claimant is therefore in default of the statuary 12 days.

 

In a subsequent letter, dated 3rd of December and sent by recorded delivery, signed for by the claimant's legal representative on 4th December, I reminded the pursuant's legal representative of said default, and notified them of the unlawful nature, under CCA 1974 s77(6), of any continued attempt at enforcement whilst the default continues. To this I recieved only an acknolwedgement of my complaint.

 

5. In a final attempt to recover alleged documents that are essential to the pursuant's claim and not included in said claim, I applied to the Sheriff on 22nd of December, copying the letter the the pursuant's legal representative, under ACT OF SEDERUNT (small claimslink3.gif RULES) Chapter 133, for recovery of the documents specified above, including :

 

(a) Any Valid Deed of Assignment related to the account stated in the claimants' claim

(b) Any valid Deed of Novation, as above and if applicable

© Any valid, original Consumer Credit Agreement, as above

(d) Any valid Statement of Account as detailed in the claimant's claim.

 

As yet, I have recieved no notice of the recovery of documentation, other than a letter from the pursuant's legal representative to say that "The matter has been placed on hold meantime while we investigate the matter further".

 

6. It is, therefore, expected that the Claimant prove the allegation that the money is owed.

 

7. 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 82A of the Consumer Credit Act 1974.

 

It is denied with regards to the Defendant owing any alleged monies to Arrow Global Ltd. The Claimant is put to strict proof to:

 

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

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

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

 

8.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, and as such any legal action carried out under these circumstances is not only speculative, but also vexatious, constituting unlawful harassment

Edited by dx100uk
i've played with it a bit - dx
Link to post
Share on other sites

Hello, you were in the wrong forum for legal help, so I have moved you and added Scotland to your thread title.

 

I will let those on the site team who are in Scotland know of your plight - it might not be until tomorrow that someone pops in :)

  • Confused 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for the links @dx100, though I've already read that stuff, and the advice has been very helpful.

 

I'm just looking for someone to check through my defence for mistakes / omissions etc before I submit it, because it's from an English system template, and obviously we do things differently up here...

Link to post
Share on other sites

bit of back ground please:

 

 

at some point have you had a store card like say curry's or anything in the past

this would have prob have been with GE money or alike

which latterly got taken over in the Santander buyout years ago.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I had a GE store card,

but I'm pretty sure I settled that about 5 years ago following my fathers death.

 

 

Obviously things were pretty crazy complicated at that time

(I was a student at university, sitting exams as well settling all of his affairs as I was executor of his estate).

 

 

It may be one of his accounts that I missed.

 

 

Could this have transferred to my name because of the executor-ship?

 

All in all because the solicitor won't even acknowledge my requests for information,

 

 

I can't pin down what this is, particularly as I had believed I had settled all my student debts at the point.

Edited by ekulnitsua
Link to post
Share on other sites

Your defence looks ok - have asked others to look in and check also because I have no idea of the Scottish way of doing things !

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

debts cant be transferred to you.

 

 

can you go get your credit file please

 

 

we ideally need to nail down what this debt is please

it could be statute barred then and make your defence useless.

 

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

go try noddle its free

often has old data in closed accounts

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

is there any payment history?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

should you be doing an incidental application here as well ?

 

 

post 2

 

 

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

received not recieved

 

 

I've spell checked your defence but it needs the repeats deleting

I'd drop the parts

 

 

(a) Any Valid Deed of Assignment related to the account stated in the claimants' claim

(b) Any valid Deed of Novation, as above and if applicable

© Any valid, original Consumer Credit Agreement, as above

(d) Any valid Statement of Account as detailed in the claimant's claim.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thankyou very much for your help (and spelling correction!).

 

 

I guess I'll just go to the court on monday and submit my defence as it is,

 

 

and if an IA hearing occurs then hopefully I can flush this out.

Link to post
Share on other sites

lets us tidy that defence before you submit it.

 

you p'haps don't need half of the waffle.

 

their claim is very vague, so should your reply be.

 

i'll look over it later for you again.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Great, thankyou for your help, really.

 

Here's an slightly updated version:

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below.

 

 

 

1. Paragraph 1 is noted and accepted.

 

 

 

2. Paragraph 2 is denied, I am unaware of any assignment from the claimant, nor Santander nor have I ever received any statements or any Notice of Sums in Arrears from any party.

 

 

 

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

 

 

3. Paragraph 3 is denied, I have never had any dealings with Santander UK Ltd.

It is worthy to note that Santander UK Ltd did not enter the UK market until 11th January 2010.

this alleged 'Loan agreement' dates from 10th September 2006, well before said period.

 

 

 

Notwithstanding the above, on receipt of the above claim, a section 77-79 request was made, for information pursuant to the consumer credit Act.

The request was made on 25th October 2014 by recorded delivery and signed for by the claimant's legal representative on 28th October 2014.

No response was received, the claimant is therefore in default of my CCA Request.

 

 

 

In a subsequent letter, dated 3rd of December and sent by recorded delivery, signed for by the claimant's legal representative on 4th December, I reminded the pursuant's legal representative of said lack of CCA Return, to this I received only an acknowledgement of my complaint.

 

 

 

In a final attempt to attain the alleged documents that are essential to the pursuant's claim and not included in said claim, I applied to the Sheriff on 22nd of December, copying the letter the the pursuant's legal representative, under ACT OF SEDERUNT (small claims RULES) Chapter 133, for recovery of the documents specified above. As yet, I have received no notice of the recovery of documentation, other than a letter from the pursuant's legal representative to say that "The matter has been placed on hold meantime while we investigate the matter further".

 

 

 

4. It is, therefore, 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 82A of the Consumer Credit Act 1974.

 

 

 

It is denied with regards to the Defendant owing any alleged monies to Arrow Global Ltd. The Claimant is put to strict proof to:

 

 

 

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

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

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

 

 

 

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, and as such any legal action carried out under these circumstances is not only speculative, but also vexatious, constituting unlawful harassment.

Link to post
Share on other sites

one thing

 

 

regardless to if its yours or not

have you moved in this period?

 

 

and can we be frank here and confirm

you have absolutely no idea on any loan you took out with anyone around that time?

 

 

it is correct you deny almost everything as their claim is speculative in the least.

 

 

but we need to know if you've got anything in the skeleton cupboard

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yes, I have moved many times.

 

The only thing it could be is that GE Card.

 

 

The only other credit stuff I have ever had was with HSBC (my student account),

 

 

RBS (my current account with an small overdraft) and my mobile phone contract.

 

 

The only things in my credit file are This ARROW GLOBAL stuff and my RBS overdrafts.

Link to post
Share on other sites

how many digits has the number in point 3 of their SoC

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

if its 16 then its a card then

 

 

interesting you say the numbers don't match.

though satans bank or shortly before would have changed it I bet to a credit card rather than a store card.

 

 

can you remember getting the card

was it to pay for a large item bought somewhere?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...