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

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?434673-Santander-gt-Arrow-Global-gt-Shoosmiths-LLP-Edinburgh&p=4650336#post4650336

[dx100uk]

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

[dx100uk]

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

[dx100uk]

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

[dx100uk]

go try noddle its free

often has old data in closed accounts

[dx100uk]

is there any payment history?

 

 

dx

[dx100uk]

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

[dx100uk]

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.

[dx100uk]

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.

[dx100uk]

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

[dx100uk]

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

 

 

dx

[dx100uk]

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

[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

[dx100uk]

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

 

 

more than 5yrs ago?

 

 

dx

[dx100uk]

or if you didn't pay it off

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

[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

[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

[dx100uk]

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

I would worry about them.

 

 

dx