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Arrows/? Simple Procedure Claim - Old Halifax Credit Card debt


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Just found out, my mum has been paying money every week to Halifax for years! She just told she she has been paying £10 a week for a Halifax credit card, and £10 a week for a Halifax overdraft!

 

She told me, she has been paying £20 a week since my Father died 8 years ago. She said that, at first she ignored them but they kept adding charges to both the credit card and bank account and she was worried about being taken to court!

 

I just told her to stop it but, she said "You have to pay the banks" and is worried that if she does not pay them, they will take her to court and lose the house (My mum own her house outright, no mortgage)

 

I only found out as, I answered a call from 01224 908402 this morning and a company called idem servicing wanted to talk to my mum. I was in the room while she spoke and the woman was asking why there had not been a payment this month. I could not believe it

 

Should my mum just stop paying them? Thanks

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Is the card and overdraft in your mother's name or was it in your father's ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sounds like you need to send a subject access request to the original creditor not the debt collector

This will give you all the statements fees and charges that have been applied

 

You may be able to wipe the debt with those reclaimed

 

If it is a credit card send a CCA request

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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are these debts on here credit file?

 

has she been paying Halifax directly or some fleecing DCA?

 

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... 

 

 

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Sounds like a big cash cow.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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CCA whoever she is paying

 

Subject Access Request to Halifax

 

Time to get some charges from the credit card back me thinks. Claim interest in resittution and she could wipe out the debt or at least blow a big hole out of it

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 years later...

Hello,

 

We just had the sheriffs officers at the door, for an old credit card debt my mum has/had.

 

It was a Halifax credit card,

however,

Lloyd's must have taken over Halifax?

As the papers we received today says Lloyd's.

 

It says my mum used her card between 2002 and 2008.

 

I told my mum in 2014 to stop paying them as,

she "we" couldn't afford to keep paying them.

 

The papers say that the last payment made was 2014,

and in 2015 the bank sold off the credit to debt companies.

 

I assume the debt would have been passed to other debt companies during the past 2 years

the debt is now with Arrow Global Limited.

 

They say that they sent my mum 3 letters between 27/03/17 and 26/04/17 and because she never responded, this is why the Sheriff Officers are at the door.

 

The amount owed is £3,300.01.

They said my mum has 1 month to pay the money,

or she will be taken to court.

 

What do we do?

My mum is crying and all hysterical and is upset with me

because, I told her not to pay the debt,

and that debt in Scotland gets wiped off after 5 years.

 

Maybe I was wrong????

She keeps saying we are going to lose our house,

as we own our house "no mortgage"

 

The 2 of us are on DLA benefits as well.

 

Thanks.

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Hi ...I assume your in Scotland from your user name.

 

To get to this stage there must first be a court claim first which if undefended results in the above...have you never received this ?

 

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 OTHERS

 

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Hi Andy,

 

Thanks for your reply.

 

The only thing I presume my mum will have received is the usual debt letters in the post.

 

This is the first time we have ever had anything like this,

people knocking on our door,

and then handing us documents to pay up,

or go to court.

 

Thanks.

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what paperwork were you left please

scan it up. to ONE multipage PDF.

click upload

 

and name the firm please

 

has she moved since she last paid anything

or since she took the debt out

something's not sitting right here

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... 

 

 

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threads merged.

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... 

 

 

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Thanks for the replies.

 

I have tried scanning the document, but, I don't know how to use the scanner :(

 

It's 26 pages long, and on the front it says: FORM 6A

The Simple Procedure

Notice of Claim

 

At the bottom of the first page it's signed: Sheriff Officer Queens Road Aberdeen.

 

The firm is called: Arrow Global Limited

And no, not moved.

 

We still live in the same house we have lived in for nearly 28 years.

Thanks.

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aha

thought it might be

its a claim form.

nothing to worry about too much.

 

doesn't mean shes been prosecuted or anything yet.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?476735-The-Simple-Prodedure-Rules-For-Claims-Under-£5k-in-Scotland-From-Nov-2016(1-Viewing)-nbsp

 

fill the above out please

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... 

 

 

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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... 

 

 

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Share on other sites
  • 4 weeks later...

hows this going

what is your response date please?

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... 

 

 

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  • 4 weeks later...

Any news??

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... 

 

 

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hows this going

what is your response date please?

 

Hello again.

Sorry for the delayed reply.

 

Although, regarding the posts from 10th July and 6th August, I never received any emails saying I had replies. Not sure what has happened there, as always get an email notification?

 

a while back, my mum went to the citizens advice and they helped her fill in the form.

Putting down all her income and outgoings.

They agreed that my mum isn't really able to afford this but

, because it needs to be paid,

and is a high amount,

she will have to offer £50 a month in payments.

 

A few days ago,

my mum received a letter from SHOOSMITHS solicitor (Edinburgh) on behalf of ARROWS, rejecting my mums offer of £50 a month.

 

The letter says

"Our client has confirmed that they will reject your offer for time to pay instalments at a rate of £50 a month and we will contact the court in order that they can issue you an installment decree in those terms.

Once the decree is granted by the court, a copy will be sent to you"

 

They also said that they are concerned about the offer of £50

, as it appears my mum has no income after all her outgoings,

and ask how she would be able to pay £50 a month,

as it seems this is not affordable to my mum.

 

They then said if she can make £50 a month,

please contact them so they can extend her payment arrangement.

 

So what does all this mean?

Does it mean they are willing to accept a lower amount from my mum

I.E £10 month, or are ARROWS saying they want the money now?

 

Also the bottom of the letter says my mum can phone them and agree an affordable amount each month or,

if she wants to,

she can contact the citizens advice for help.

 

A bit strange because, it was the citizens advice who helped her fill in the form.

 

Oh, the citizens advice brought the whole you might lose your house if you dont pay this, which got my mum all worried and crying again!!!!

 

Thanks.

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Why didn't you do as advised????

Its a speculative claim and could have easily been buffed away without paying!!!!

 

You need to fill that link out post 16

 

Please don't pay them!!

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... 

 

 

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The link in post 16 goes to this:

http://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/forms/sheriff-court-forms/simple-procedure-forms/form_3a.pdf?sfvrsn=4

 

Makes no sense, as that is a form that a company would fill in, requesting money from somebody who owes them money. Here is a snipet at the bottom of that form:

 

5. If your claim is successful, what do you want from the respondent?

ⓘ You should select the option(s) that best describes the type of order you

would like the court to make if your claim is successful. You can ask for more

than one type of order to be made in a claim.

ⓘ You can also ask for alternative orders. For example, you could ask for the

respondent to be ordered to repair something of yours or, failing that, to give

you money to buy a new item.

ⓘ You should set out the detail of what you would like the court to order next to

each option that you select.

! I want the respondent to be ordered by the court to pay me a sum of money:

 

Also, that was already filled in by ARROW in the forms that my mum recieved from the Sherriffs Officers.

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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... 

 

 

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I feel as if my mum has pretty much buggered herself, especially by going to the citizens advice and filling out the FORM4A and admitting liability for this (which I assume she has)

 

I guess all she can do now is contact them "SHOOSMITHS" and ask for a lower payment each month. She defo wouldn't be able to attend court.

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Who did she send it too?

What is the response date?

Have the court written since the claim form arrived?

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... 

 

 

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  • 2 weeks later...

hows this going?

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... 

 

 

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