Arrow/Shoosmiths - claimform - old CAP1 card 'debt'***Claim Dismissed***

[whitsend]

Hi

 

Yes I have contacted cap one, the last payment on this account was 31st Dec 2007

 

Is this statute barred.

[slick132]

Hi Whitsend,

 

If the last payment made to the a/c was Dec'r 2007 AND you have made no written acknowledgement of the debt since then, it became SB'd in early to mid 2014.

 

[dx100uk]

that'll will do great

 

 

go file the SB defence now. on mcol

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract

and is statute barred pursuant to the provisions of section 5 of the limitation act

1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the

alleged contract, in excess of 6 years have elapsed since the date on which any cause

of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of

any kind is denied.

.

Regards

nicked from Andyorch

[whitsend]

Ok, all done, what do I do now, just wait.

[dx100uk]

wont hurt to read up on current cases

[whitsend]

yeah, will do

[whitsend]

28 days have now passed and there has been no response from Arrow/Shoosmiths to the statute barred defence.

 

 

I have received a letter today from the courts.

 

 

It says Notice of Proposed Allocation to the Small Claims Track,

 

 

with a questionnaire asking whether I want mediation and other questions.

 

 

If I do not respond it says the court will take action as appropriate including striking out or entering a judgement.

 

Not sure what to do with this form N180.

 

 

Anyone else had this.

[AndyOrch]

Every defendant gets one if the claimants wishes to proceed...you need to read a few threads whitsend to learn the process...make sure you complete it and file one time.

 

Andy

[whitsend]

This is what I do not understand,

 

the claimant has not even responded to my defence,

 

and I now have written evidence of the debt not just being statute barred,

but made up mostly of fees.

 

Why do I have to fill in a form about small claims mediation.

 

I have checked and I cannot find a case on here that explains this procedure and how I fill in the form.

 

Do I just tick the box that says I do not want mediation.

 

I thought it would get struck out as the claimant has not responded to the defence.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?439371-Cabot-weightmans-claimform-Moneyway-loan-i-know-nothing-about&p=4703542&highlight=statute+barred+mediation#post4703542

[Northernpug]

Seems like Shoosmiths are being awkward and maybe hoping you'll give up so they get a judgement by default. Always say yes to mediation , small claims track yes. Fill in the address of your local county court, rest is self explanatory

[AndyOrch]

Fast Track ...No ...this is small claims track

 

Andy

[AndyOrch]

This is what I do not understand,

 

the claimant has not even responded to my defence, They dont have to...they notify the court they wish to proceed..hence the N180 Directions Questionnaire

 

and I now have written evidence of the debt not just being statute barred,

but made up mostly of fees.

 

Why do I have to fill in a form about small claims mediation. Its not just about mediation that's one question read the rest...it allocates the claim to your local county court and if you fail to submit it your defence will be struck out.

 

I have checked and I cannot find a case on here that explains this procedure and how I fill in the form.

 

Do I just tick the box that says I do not want mediation. No you tick yes...all parties are expected to participate...even if it does not happen...you ticked yes

 

I thought it would get struck out as the claimant has not responded to the defence.

See above...

 

Andy

[whitsend]

Really strange as Arrow Global who Shoosmiths are working for have replied the my SAR request and that states my last payment as being 21st December 2007. Most of the debt is made up of fees. Should I start to try and reclaim them.

[AndyOrch]

I would concentrate on defeating their claim first.

[whitsend]

I'll fill in the small claims track form tomorrow and return it. Or can I do it online.

[dx100uk]

no sadly you have to post it follow the instructions on the form.

 

 

dx

[whitsend]

I have checked the paperwork sent to me from arrow global

 

 

I have found a payment of 36.95 made 4th June 2009.

 

 

Before that it shows Aug 2008 to be the last payment.

 

Now when I phoned cap one they told me the last payment was made 21st Dec 2008.

I know I did not make a payment of 36.95, I alway round up to whole numbers.

Who is correct arrow global or cap one.

 

This makes it not statue barred.

 

I did not see this until I went through the paperwork they sent me again.

 

Also the credit agreement they have sent is my application form not a credit card agreement, does this count.

And they have also included a copy of the terms and conditions.

[davies1963]

I have been to court with Arrow Global Shoosmiths regarding a credit card debit ,

I have requested the relevant documents which they have supplied some ,

the courts have given them until the 18th March to file a copy of the termination notice that was sent to me.

They have just filed a witness statement saying that the default notice also acts as the termination notice on expiry.

Is that the case as the judge stated that a termination notice should have been sent?

[Northernpug]

Whitsend you mention in an earlier post that you tried to reclaim fees but got nowhere. Would that have been around the time the credit appeared i.e. could it have been a refund of fees?

[AndyOrch]

I would envisage that the Cap 1 payment is correct...and AG,s is a phantom...if that's the case then it is statue barred ...your defence should have reflected same and with regards to the DQ ...no to mediation and in the " other " box at the bottom of the N180 state your reasons why...IE its statute barred.

 

Andy

[dx100uk]

I have been to court with Arrow Global Shoosmiths regarding a credit card debit ,

I have requested the relevant documents which they have supplied some ,

the courts have given them until the 18th March to file a copy of the termination notice that was sent to me.

They have just filed a witness statement saying that the default notice also acts as the termination notice on expiry.

Is that the case as the judge stated that a termination notice should have been sent?

 

 

you need to start a new thread

 

 

of your own

 

 

dx

[whitsend]

Hi Andy

 

I don't think it was a refund of fees, should i question it or let it lie. Also do I need to go back the Arrow Global about sending me a signed application form and note a credit agreement.

[AndyOrch]

I very much doubt it was a refund through AG...just complete the N180 as advised...the claimant will disclose once ordered by the court.

[whitsend]

Had a reply today from court called General Form of Judgement or Order.

 

 

It is ordering the claimant to file their Directions Questionaire within 7 days of the order date, or their claim will be automatically struck out.

 

 

The date of the claim is 14th April, so does that mean if they don't file it by 21st, it will be the end of it.