Jump to content


  • Tweets

  • Posts

    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Arrow/Shoosmiths - 14 Day warning of Court Proceedings - HSBC Card debt


airtomoreira
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2991 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

I'll try to keep it brief but succinct:

 

I've received various bog standard letters from Shoosmiths on behalf of Arrow Global, about a HSBC Credit Card debt they bought from the Bank in 2014.

 

 

I have taken no action with regard to these.

Shoosmiths have however today tried to up the ante by threatening Court Action unless they have my proposals for repayment within 14 days.

 

Is it appropriate, at this stage, to send a CCA Request letter

(and am I correct in sending it to Arrow Global, who are the owners of the debt, and not HSBC, the original creditor?

The letter from HSBC that I have, dated July 2014,

states that "Arrow Global is now the owner of the account").

 

 

Should I also request that Arrow Global advise Shoosmiths not to take any further action until / unless my CCA Request has been complied with?

 

 

Should I further write to Shoosmiths, advising them of the request that I have made of Arrow Global?

 

This debt was previously (2012) being handled by CapQuest, on behalf of HSBC.

I sent a CCA Request at that time.

CapQuest acknowledged that they were unable to provide copies of the relevant documents.

 

 

Should I advise Arrow Global / Shoosmiths of this fact, or is it better to keep my powder dry at this stage?

 

If the above course of action is not the correct one for me to take,

I'd be most grateful if you could point me in the right direction!

 

Many thanks

 

Airtomoreira

Link to post
Share on other sites

when was the account first started

when was your last payment to anyone regarding this ac

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

Oldrogue - in answer to your questions, account opened probably 12 - 15 years ago, can't be any more certain than that. When was the last payment...again, I can't be sure. There's a possibility that the debt could be statute barred, but I'm looking at it from the point of view that it's not. If the way ahead is not as in my original post, then it's something I'd look at further.

Link to post
Share on other sites

Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

just send a cca request to shoosmiths, if you think they are serious

 

did they actually say we will issue in 14 days

 

or just an if or maybe type letter

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

no sorry, cca request to Arrows as you said

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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

silly me I was on a small screen same starting letter for the creditor mind:lol:

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'm an info gatherer

I make sure that there is not previous threads with more info

that way those in the know can give a better answer with a wide picture.

 

the issue of the CCA has been answered

and TBH..makes little odds to if/if not they do issue a claim.

 

it wont stop them

.

rectums do what they want when they want regardless to if a debt is enforceable or not.

all they and any DCA is after is a rubberstamped undefended default judgement.

 

 

when did yo last pay this debt?

 

there are loads of threads here about them that you might have read

or should.

 

 

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

Thank you for that. I have read through lots of similar threads, however I'm sure that I'm not alone in wanting some reassurance about my own individual circumstances. I appreciate that this is no doubt very frustrating for those "in the know".

 

Your comments about the actions of DCAs are most useful. If they are, as you say, looking for rubberstamped, undefended judgements, then surely the fact that I am sending a CCA letter to them will alert to them to the fact that, if they do decide to proceed, I am very likely to challenge their claim if they are unable to comply with my request, and they would be foolish to take it any further?

Link to post
Share on other sites

my pers view is don't send anything

if you've never responded to date to any of them

 

 

when did you last pay/use this card?

 

 

what info is on your credit file..default date etc?

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

May make them think twice, however defending a claim is a relatively straightforward process providing you adhere to all the court deadlines

nothing to be too worried about

If they were to issue, but cannot provide the agreement they more often than not discontinue at the disclosure stage

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

dx100uk - Thank you for your personal view, however, from the above, I take it that you are not one of those who are "in the know"? As such, your opinion does confuse me, as it seems from other similar threads that it is never too soon to send a CCA request letter!

 

There is nothing at all on my credit file about this account.

 

As mentioned above, I cannot be sure if there have been any transactions on the account in the last 6 years or so. The statute barred route is one that I may explore, but as I'm not sure if it would work or not, I'd prefer for now to go down what appears to be the tried and tested "show me the proof" road.

Link to post
Share on other sites

why not ring cap1 and ask!

 

 

if the debt is SB'd

then don't do anything

 

 

SB defence will kill any claim dead.

 

 

they are then as I thought, on a phishing trip.

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

dx100uk - Cap1? The original debt was with HSBC, but was sold to Arrow Global in 2014. Which one would I ring? HSBC would no doubt say "nothing to do with us any more, guv", and Arrow would no doubt say "no idea, we only took it over in 2014, we don't have those records"?

Link to post
Share on other sites

sorry yes hsbc.

 

no harm in asking

 

I would suspect that as this is not on your credit file

so is more than 6yrs defaulted and has been removed under the ico rules

good chance it is sb'd

 

that's why I went looking

its all very well sending silly letters

as happened on that thread I wrongly mentioned

 

that s prob why they tried the SD route before

the unnecessary letter tennis

they could see there might be a chance

 

don't fire your arrows till you need to

 

gather the required info first

THEN decide.

 

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...