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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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battyman

daughter in law - Arrows/shoos old Stayed claim - HSBC OD poss SBd - now shooes theat to lift stay

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I wonder if anyone can help me regarding a claim form my daughter in law has received from Shoosmiths, regarding an overdraft from HSBC bank.

 

She has sketchy information and is suffering with cancer so difficult to find out too much regarding past details. I know she had a £5000 overdraft on her cleaning business about 7 years ago. The debt was passed to Arrow Global in 2012 (this information is from Experian) and the sum owing says £5500.

 

On the claim form it says the debt was assigned to Arrow Global in 2016 and the debt is for £6000 plus £600 for court costs. I didn't think they could add anymore charges once an account was defaulted? She did send a letter to HSBC we think in 2011 to ask for a consumer credit agreement but HSBC said they didn't have one, unfortunately she doesn't have a copy of that letter.

 

Also she thinks the account hasn't been paid or any communication for over six years which I understand would make it statue barred? She received the claim form on the 12th June but the date on the form is 7th June so I am assuming she has until the 21st June if she is defending it and 21 days if admitting it.

 

She wants to send Shoosmiths a letter telling them it is statue barred but I wonder if that is the best way?

 

Any advice would be greatly appreciated.

Edited by Andyorch
Paras

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If you could read the following link which explains the process and then copy and paste the Qs and your responses back here for further advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Regards

 

Andy


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Thank you for your help in 2017 and the above link.

she followed the advice and defended the claim from Shoosmiths siting the debt was statue barrred,

Shoomsmiths said they had a payment from her in 2015 for £10.

They do not know if that is true and went ahead with the defence.

 

Shoosmiths did not send in their defence and

she rang the court clerk who said Shoosmiths had 30 days to reply,

they didnt reply and the case was stayed,

no more was heard from Shoosmith.

 

Now today they have contacted her again saying they will reinstate the claim and that they will ask for a £1000 costs from her.

She isnt sure what she should do, should she write to Shoosmiths repeating she thinks the claim is statue barred or just ignore the letter.

 

Shoosmiths have also said in the letter that they originally agreed to pay £10 a month and if she is prepared to accept that it would save wasting her costs and court time.

 

She did origianlly as I said in a previous post ask for the original agreement but they said they didnt have it.

 

Any help really appreciated.

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Ignore them...let them make application to lift the stay...will cost them £255...do nothing until you receive notification of their application.

 

 

Andy


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Thank you for the quick reply Andy. What would she do if they did lift the stay and issue another claim? They said she paid £10 in 2015 but reading other threads they seem to say that a lot.

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its not another claim its the same one.

 

so this is arrows and shoos nothing to do with HSBC they sold the debt on years ago.

 

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" Now today they have contacted her again saying they will reinstate the claim and that they will ask for a £1000 costs from her."

 

The clue is the £1000 costs which they wont get on a Small Claims claim and the begging for her to accept the £10...if they are sure of the case why wait 16 months to lift the stay ?

 

Ignore them ...see if they do make application


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