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Arrow/Shoes Ordinary Cause Action Jedburgh Court - 1st Direct [HSBC] Credit Card debt


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form 07 was due by the 27th at the court!!

 

 

post 24

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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shows you how much I know then!

 

didnt know there was a fee even.

 

you've filed you defence already

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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did you copy post 25 to form 07?

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 court currently does not know that I have requested the information so I thought I would

1.Give them a copy of the original letter to Arrow Global requesting information

2.A statement that they have not complied wording below.

 

XXXX Sheriff Court

 

Court Ref No BM XYZ

 

Dear Sir / Madam,

 

I would like the case dismissed for the reasons listed below.

 

It is accepted insofar that I held various historic accounts with* HSBC

I do not recollect any outstanding balance to HSBC that the pursuer refers to and have therefore sought clarity from the pursuer given that that they are the assignee of this alleged debt and appear to have very little knowledge of what they are claiming .

 

The pursuer has averred that they hold the signed agreement under the Consumer Credit Act 1974

 

A* CCA request under section 7 was sent recorded delivery on 23rd June.

To date the pursuer has failed to comply & is in default of said request.*

 

The defender puts the pursuer to strict proof to provide all the required documents to legally be able to enforce and bring this claim to court namely:*

Copy of The Signed Consumer Credit Agreement*

Copy of The Notice Of Assignment letter*

copy of The Default Notice Issued By The Original Creditor ...*

 

Along with A detailed statement of the account and how, with specific reference toward additional interest added because of late/no payment, and any additional penalty fees or interest added, have resulted in the balance now claimed.*

 

Yours Faithfully

 

Borders Man

 

Arrow Global are now out of time to reply as of today ( request posted 14 days ago)

Should I hand in the defence above on Monday to make sure enough time has elapsed according to law?

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no did you not put that on the 07 form.?

what I wrote in post 25

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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You have to pay a fee to submit a defence :!::???:

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

 

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4 times I've asked now...

Did you sent post 25 contents on your form 07?

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

I did not put what you wrote on post 25 as I submitted form 07 on the 23rd July four days before your post on the 27th July.

 

I was also thinking that my defense would be better by taking into account what they produced under the CCA request.

 

As they have produced nothing I would like to show this to the court now and ask for the case to be dismissed with expenses awarded to myself ( £120.00 plus a cost for my time defending the action)

I would then like to donate the expenses to the group.

 

I just want to make sure on the wording of the letter asking to dismiss the case and asking for expenses is correct.

 

I would also like to ensure that enough time has elapsed to show they are in breech of the CCA.

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Thank you

Understand now

 

You don't need to do anything about the CCA time limit expiring

It means nowt in reality

 

So post 25 will thus now be your defence

Dddddddd is the date they claim you took the agreement out if their paperwork to date states it

 

Now...did you have OD and loan with HSBC?

Does the term managed loan ring a bell?

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

read me...

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

HI there,

 

I sent in the defense as discussed and it was sent back by the sheriff Clark.

It states

 

" Thank you for your recent correspondence regarding the above matter.

Regretfully, I am unable to accept your defenses in the form provided, and I am also unable to accept your request to the court to have your case dismissed.

 

You may wish to consult the Sheriff Court ( Ordinary Cause) Rules for further guidance regarding this matter.

 

I am unable to provide any legal advice,

however," etc......seek legal advice or speak with citizens advice

 

I am not sure if I sent in the information in the wrong format or what?

It was a letter to the court.

 

Any assistance would be great.

 

Thank you for the document above.

 

It states its for the Court of Session does this guide apply also to the local Sheriff Courts in Scotland?

 

I have this from the above:

 

Preparing your defences

 

The summons served on you will include statements of the pursuer’s claim against you.

You must prepare a document showing your answers to each statement.

 

 

These answers must be numbered and be in the accepted format.

 

 

The first page of your document must include the instance (G).

This is the name and address of the pursuer(s) against the name and address of the defender(s).

If you… Style and format of answer Agree with the statement in the summons

 

“Admitted that (then complete the sentence with the statement that you are admitting to)”

You can also add to this statement an explanation of why you are admitting to the statement.

 

Believe the statement to be true but the facts are outwith your knowledge

 

“Believed to be true (then complete this sentence with the statement set out in the summons).

Do not know whether the statement in the summons is true and you do not admit it

 

“Not known and not admitted that

(then complete this sentence with the statement set out in the summons.)

 

Deny the statement in the summons “Denied”

 

Then After each of these answers you should give your explanation or version of facts.

 

Finally You must sign your defences (G)

and provide a backing sheet which again shows the name of the pursuer(s) against the name

the defender(s), and also states for example First Defender

 

2 Lodging your defences

You can lodge your defences in person in the General Department of the Court of Session

or by post.

 

3 Fees

A fee is payable when you lodge defences.

The fee is regularly reviewed and it is best to check with the Court what the current fee is.

 

 

Details of court fees are also available on our website.

Your cheque or postal order should be payable to The Scottish Court Service.

If attending in person payment can also be made by debit card or cash.

 

4 Intimating your defences to all other parties

Before you lodge your defences with the Ordinary Section of the General Department of the

OCoS you must write to the solicitors representing all other parties.

You should tell them that you are lodging defences with the court and  enclose a copy of the defences.

 

Contact the Ordinary Section in the General Department of the OCoS if you do not know

who the solicitors are.

 

When lodging your defences with the Ordinary Section of the General Department of the

OCoS you should mark ‘INTIMATED’ on the backing of the defences as proof that you have

intimated your defence to all other parties in the action.

 

The General Department of the OCoS will check your defences are in the correct format,

received on time and are signed.

 

 

They will then lodge them into process and give your defences a process number.

This number will help to identify them during the course of the action.

 

I am thinking that I should resubmit as above:

 

“Not known and not admitted that (then complete this sentence with the statement set out in the

summons.)

 

This is due to me not knowing and not having proof from them that a contract exists as they failed to respond.

 

It was suggested that I seek guidance from these documents:

 

https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/ordinary-cause-rules

 

Very heavy with legal language, I think I need a published guide in layman's terms!

 

Is there a guide on here to the exact procedure to respond to a claim for money from a bank or debt purchaser?

 

It seems that there must be a standard way to provide defense evidence in response to the writ but I have failed to submit it in the proper format.

 

I also have a slight concern that the 14 days for providing a defense is now up.

 

I have just spoken with the Sheriff Clark and the format they are looking for is to respond to each individual numbered point on the writ.

 

I asked if there was a guide to the procedure in order for people without a legal training to respond and he said there was not.

 

He also stated I had to get my defense documents delivered by a Sheriffs Officer company!

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no you don't have to pay to get them delivered

 

 

i'll run through this latter.

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

Thanks again dx100uk,

 

I have drafted this as , to the best of my knowledge, it is the format the Sheriff Clark will accept. I also read the relevant defense parts of you document above and came up with this:

 

PROD1 is my original CCA request letter. Should I also refer at this stage to proof of posting and copy the [post office receipt as PROD2?

 

DEFENDER

 

----------------------------------------------------------

 

1. Admitted

 

2.Not known and not admitted that the said contract between HSBC Bank plc and the defender exists.

The defender made a request under s78 of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed.

Copy of letter attached as PROD1

 

3.Not known and not admitted that the said contract between HSBC Bank plc and the defender exists.

The defender made a request under s78 of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed.

Copy of letter attached as PROD1

 

4.Not known and not admitted that the said contract between HSBC Bank plc and the defender exists.

The defender made a request under s78 of the Consumer Credit Act 1974 to which no response was received within the statutory time allowed.

Copy of letter attached as PROD1

 

PLEAS IN LAW

 

The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable. Accordingly, given the Pursuer’s averments are irrelevant et separatism lacking in specification, the action should be dismissed. The Defender denies the sums being claimed as due and the resting owing decree should not be granted as craved.

 

It also stated on the INTIMATION OF OPTIONS HEARING letter that the last date for lodging defences is 11th JULY

 

I attempted to hand deliver to the court on Friday 7th July but it was closed for Jedbourgh's ride out festival day.

 

Letter in post number 44 a prospective response to Writ scanned in post number 31

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you've not had a cca return what documentation supplied by the pursuer?

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

The only documentation supplied by the pursuer is the statements made in the writ I scanned for post number 44.

 

Nothing else at all.

 

I was hoping to hand deliver my defense to the court tomorrow. Do you think the format / responses look ok?

 

I am thinking that I cannot deny a contract exists although I have no provided proof from the claimants that one does.

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We can answer a better way

Out at present will deal later

 

quick question

did you run up this balance [not that this will change anything we do..]

 

or is the balance on the card vastly inflated from what you think it should be

and this is the HSBC managed loan debacle

whereby they lumped all your debts to them together under a managed loan...

then subsequently dumped it back into your bank account with them creating a vast OD balance.

I've seen this done on a credit card too.

 

as a third

seems like you've got a clerk that wants to strictly stick to the rules of engagement

and not give leeway for a party litigant

 

the responses ive given you have been used twice by me without question.

 

working on a response tonight more soon.

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

1. Admitted

i have been resident at address for more than xx months.

2.Denied.

The Defender has never signed any agreement regulated by the Consumer Credit Act directly with HSBC.

The defender made a general CCA request to the pursurer under section 77-79 of the Act on [date] to which no response has been received within the statutory time limit allowed nor to date.

Copy of letter attached as PROD1[cca request], PROD2 [proof of posting]

3.Denied.

The Defender has never received said assignation by way of written notice from the pursurer.

The Pursurer is put to strict proof the defender physically received such in person and duely responded.

4.Denied.

The Defender has never received any written demand for payment from the pursurer nor any comminication prior to the writ demanding such sums.

PLEAS IN LAW

1.The Defender intimates the Pursuer’s averments are of a totally speculative nature and are unable to produce all the condecended legal documentary evidence they claim to posses to support their initial writ.

 

2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.

 

 

don't forget front and back sheets and the back sheet must marked intimated for each page

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

the above is based on the fact that 1st direct failed the initial CCA too.

 

 

you MUST setout the front sheet like theirs is

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

JED-A32-17

 

12 July 2017

 

AVERMENT

 

Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at 20-22 Bedford Row, London. WC1R 4JS

 

PURSUERS

Mr Borders Man residing at xxxxxx

 

xxxxx postcode

 

DEFENDER

 

----------------------------------------------------------

 

 

1. Admitted

 

2..Denied.

The Defender has never signed any agreement regulated by the* Consumer Credit Act directly with*HSBC

 

3.Denied.

The Defender has never received said assignation by way of written notice from the pursuer.

The Pursuer is put to strict proof the defender physically received such in person and duly responded.*

 

4.Denied.

The Defender has never received any written demand for payment from the pursurer nor any communication prior to the writ demanding such sums.

 

PLEAS IN LAW

 

 

1.The Defender intimates the Pursuer’s averments are of a totally speculative nature and are unable to produce all the condescended legal documentary evidence they claim to posses to support their initial writ.

 

2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.

 

 

 

MY NAME ADDRESS

 

 

 

MY SIGNATURE

 

Would the above be fit for handing in as my defense?

 

I could not get the formatting of the letter pasting it on here: everything above the numbered responses is formatted to the left hand side.

 

Im going to take it over to Jedburgh this afternoon and ask if the format is ok for the court.

 

Thanks again.

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give it a go

don't forget to email it to arrows

the write on the back of each sheet.

 

 

best I could do bit busy at present lets see.

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

One of the court administrators accepted the defense this afternoon. I asked him to look it over as I had sent it in and it had been rejected. He thought it looked fine.

 

I have emailed the defense to Arrow Global and took a screen shot of my computer with the Arrow Global email alongside the defense letter attachment and the showing the date and time.

Filed that with the rest of my documents.

 

Presumably if I have 14 days to submit a defense then they have the same 14 days to submit their supporting documents?

Its just that to date I have had nothing other than their original writ.

I am also wondering why the Sheriff Clark stated that a copy HAD to be delivered by Sheriffs Officers to Arrow Global? An email or recorded delivery would be just as traceable.

 

Thanks again.

 

BM

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not all members of the clerks office are sometimes that knowledgeable.

 

 

lets see what transpires.

 

 

can you run thru post 49 and answer stuff ive asked 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... 

Link to post
Share on other sites

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