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

[ekulnitsua]

I can yeah, and yes it was. Do you need details?

[dx100uk]

I am wondering if this was a store card upgraded to a credit card

 

 

ok you wouldn't have received the paperwork as you didn't inform creditors of your moves?

 

 

dx

[ekulnitsua]

No paperwork recieved, and there was no update of address because I believe the account was settled with everything else.

[dx100uk]

when do you think you 'may' have settled the debt

 

 

more than 5yrs ago?

 

 

dx

[ekulnitsua]

I see where you are going with this..

 

 

. I received the money from my fathers estate in March, just shy of 5 years ago.

 

 

It would make sense, if i had missed something, and they would bring court action now because it's just shy of the 5 years.

[dx100uk]

or if you didn't pay it off

surely ITS OVER 5yrs old..and....EXTINQUISHED!!

[ekulnitsua]

So, how do I defend from here?

I don't think it's safe to assume it's extinguished, and if I include the statute barred defence, doesn't it acknolwedge the debt?

 

 

If I didn't pay it off, then it could have been serviced up to March 2010,

and then lost when I closed all my student accounts and moved to RBS.

[IdaInFife]

can i just say as well - this is a small claim and not summary cause - there is a difference of what is expected

 

I would go to the scots court page and and heck the guidance notes it seems you may have read the summary cause rather than small claims

[dx100uk]

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 and accepted.

 

3. Paragraph 2 is denied.

i am unaware of any assignment between the claimant and Santander Uk Ltd.

Furthermore, it is worthy to note Santander UK Ltd was formed on 11th January 2010,

and the alleged agreement is dated 10th September 2006.

 

4. Paragraph 3 is denied,

I have never had a loan with Santander uk ltd.

The quoted account number in the Statement of Claim appears to relate to a Credit Card [16 digits] not a loan account.

 

In the past I have had dealings with GE Money in the form of an XXX Store Card, number [insert 16 digit code].

This being a totally different number thus appears unrelated.

 

For the number quoted in the claim,

i have never received any statements or Notice of Sums in Arrears or indeed any paperwork from anyone prior to the claim paperwork.

 

on receipt of the above claim a request for information pursuant to the consumer credit Act (section 77-79)

was made on 25th October 2014 by recorded delivery

and signed for by the claimant's legal representative on 28th October 2014.

No response to date has been received, the claimant is therefore in default of the statutory 12+2 working 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 received only an acknowledgement of my complaint.

 

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

 

5. rightly or wrongly, 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 claims RULES) Chapter 133,

for recovery of the documents specified above, [incidental application] including :

 

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

(b) Any valid Deed of Assignment, 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 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".

 

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.

[dx100uk]

ok this should be good to go.

 

 

if anyone wants to help

please feel free to advise further

 

 

dx

[ekulnitsua]

Amazing, thankyou!

 

I should say, finally; defend or counterclaim?

Edited January 3, 2015 by ekulnitsua

[IdaInFife]

DX spot on

 

eku defend

[dx100uk]

thanks ida

 

 

there is no counterclaim in that defence eku

 

 

I have also sorted a spelling mistook too

so copy from the above defend again before pasting it in

and insert the numbers required too!!

 

 

dx

[ekulnitsua]

Great, thanks again to all!

 

I have submitted this morning. So, fingers crossed for a dismissal!

 

I've just noticed that there is an additional "DF" on my noddle report account history in November 2014. Does that mean Arrow have issued an additional default notice? I haven't seen it, and i undertstand (correct me if I'm wrong) that it should be unlawful for them to issue a default whilst in default (ahem) of a CCA Request.

 

Should I write to arrow to ask them to remove it? (Though, I can only imagine what their response would be)

[dx100uk]

as long a they haven't changed the OC's default date

I would worry about them.

 

 

dx

[ekulnitsua]

Alright, thanks to everyone so far!

 

My incidental hearing date has been set - I've read through the link you posted earlier dx (pancake rolls application), and it all seems pretty straightforward. Is there any other advice for the hearing?

[ekulnitsua]

So, the incidental hearing was a waste of time.

 

I sat from 10:30 - 12:58, at which point I was called, Shoosmiths did not show, and the judge decided the matter would be dealt with on the existing court date, the 22nd.

 

All in all, utter nonsense.

[sgianthebard]

I believe that Santander UK came into the market in November 2004. They could well say that this is the date they were 'formed'. Your date stating that they formed in 2010 is the date that the Abbey Bradford & Bingley and Alliance & Leicester were rebranded as Santander UK plc.

 

This is only a possible counter that may be made to your point in your statement of defence and you should have something prepared in case they want to discredit your defence.

Edited February 10, 2015 by sgianthebard
clarity and expansion