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

[battyman]

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 June 13, 2017 by Andyorch
Paras

[AndyOrch]

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

[battyman]

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.

[AndyOrch]

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

 

 

Andy

[battyman]

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.

[dx100uk]

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.

 

thread title updated

[AndyOrch]

" 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