Jump to content


alan35

Arrow/Shoos SPC - Old NewDay Aqua Credit Card Debt ***Claim Dismissed no DN***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 560 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

i am looking for some advice on what to do with a court letter i have received.

 

It is from an old credit card from Aqua which i had taken out back in 2013.

 

The Claimant is now Arrow Global Limited who i assume has now purchased the debt.

I have until 11.08.17 to reply.

Issue Date: 06.07.17

Amount approx: £2288.42

Claimant: Arrow Global Limited

Solicitor: Shoosmith LLP

Original Creditor: Aqua Credit Card (NewDay Ltd)

 

Particulars of Claim:

 

The claimants are a finance company which inter alia operates the business of debt purchasing.

 

By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 18/10/2016, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon.

 

The said assignation was intimated to the respondent by the way of a written notice on or around 18/10/2016.

 

The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974.

 

Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due.

 

The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 of the consumer credit act 1974.

 

it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx.

 

on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility.

 

It was a term of the agreement that the original owner would use statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made.

 

By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use.

 

The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00.

 

It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated.

 

on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default.

 

A default notice was issued to the respondent on 30/01/2015.

The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice.

 

The account remains in default.

The sum due in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant.

 

The form asks what documents they may bring to court to support the claim and they have listed..

A copy of the credit agreement,

statements of account and

notice of assignation will be produced in any defended process to follow hereon.

 

Is the debt Statute Barred? No

List any letters you have sent: None Yet

 

Sorry for the long post but i am unsure on how to proceed with this.

 

Should i just admit it and offer some sort of monthly payment?

What would be a reasonable offer?

 

I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case.

 

I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this.

 

Any advice would be much appreciated.

 

Thanks

Share this post


Link to post
Share on other sites

No don't admit or do anything yet

Why did you cease payments?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

i had some money troubles back then and was moving house at the time so never kept up the payments and they just kept adding interest and charges etc.

 

I am in a better position to start paying something now but I am not sure about the correct amount I owe or if they even have any paperwork as they haven't sent any evidence with the form.

Share this post


Link to post
Share on other sites

they don't have to send anything with the court form.

 

just remember this is a speculative claim by a DCA/debt buyer.

.they've seen +£2k profit for a very small court fee outlay

hoping for a default uncontested judgement.

 

your job is to string 'em out as long as you can with as much expense to them

 

they paid about 10p/£ but can sue for the full amount

all they get is one line of your details in a spreadsheet nothing more


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Do i send the CCA to the DCA or lawyers? Thank for this information it has been most helpful

Share this post


Link to post
Share on other sites

the claimant


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

an update on case I sent a cca to arrow yesterday recorded delivery and checked the tracking today which says...

 

 

Progress of your item

 

Item: xxxxxxxx

 

Via: Royal Mail Signed For™

 

Status: We have your item

 

An attempt to deliver your item with xxxxxx was made on 12/07/17 but we were unable to deliver as there was no access to the delivery address. The Item will be returned to CENTRAL MANCHESTER to await instructions from the addressee or will be returned to sender. You can arrange a redelivery online, call the CENTRAL MANCHESTER office to arrange a re-delivery, or collect the item from CENTRAL MANCHESTER by bringing proof of identification and address.

 

so should I chase this up to be delivered or leave it? should I also send a copy of the request to the solicitors?

Share this post


Link to post
Share on other sites

Copy sent to sols will cover you


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

copy will be sent to solicitors tomorrow

Share this post


Link to post
Share on other sites

I thought you said you had ALREADY sent the sols a CCA request?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

My date to reply to this claim is fast approaching

 

I still haven't received any reply from the Shoosmiths or Arrow in regards to the CCA request I sent both of them.

 

What would be my next step now

 

should I now send a reply defending the case as they haven't responded to my CCA request?

 

Thanks

Share this post


Link to post
Share on other sites

follow/use the info in post 8

its all there exactly the same

post your response up here 1st mind

 

 

don't rush but need to be with the court on 11th

is that local to you?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

The court is not to far away but I think i can email my response. I will get this sorted and posted up over the next couple of days.

Share this post


Link to post
Share on other sites

reply to court?

 

 

As a respondent i specifically make reference to the Simple Procedure Rules 2016 in

so far as my understanding is that:

 

1.4(2)

The Sheriff must ensure that parties who are not represented, or parties who do not

have legal representation, are not unfairly disadvantaged...

 

... i represent myself and are totally at a loss upon how to respond to such a claim &

welcome any assistance the sheriff can give me.

 

1.6(9)

When appearing against a party who is not represented, or who is not legally

represented, representatives must not take advantage of the party.

 

1.6(10)

When appearing against a party who is not represented, or who is not legally

represented, representatives must help the court to allow that person to argue a

case fairly.

I expect the claimants' representative to employ the above.

 

The Claimant is a well known Debt Buyer or debt collection agency that purchases

large debt portfolio 'En-Masse' for a discounted Pence to Pound reduced value.

 

These debt portfolios, be them direct from the Original Creditors or exchanged under

sales between like Debt Buying Organisations, were placed for sale because the

Original Creditor neither wished to litigate against their customer themselves due to

bad publicity or are typically related to issues of enforceability under the consumer

credit Act or are as a result of inflated sums due to penalties and or interest levied

upon them that are unfair & unlawful under FCA regulations.

 

It is admitted with regards to the respondent once having had banking facilities with

the original creditor Aqua Credit Card. It is denied that I am indebted for any alleged

balance claimed.

 

The Respondent puts the Claimant to strict proof to provide copies of all

documentation they must produce under Scottish law that confirms they are able,

legally, to enforce and bring this claim to court

 

The claimant is also put to strict proof to:-

.

(a) Provide a copy agreement/facility arrangement along with the Terms and

conditions at inception, that this claim is based on.

 

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974

Demand/Recall Notice and Notice of Assignment.

 

© Provide a breakdown of the excessive charging/fees levied to the account with

justification.

 

(d) Show how the Claimant has reached the amount claimed.

 

(e) Show how the Claimant has the legal right, either under statute or equity to issue

a claim.

 

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-

action Conduct.

 

The court will be aware that penalty charges and the recoverability thereof have

been judicially declared to be susceptible to assessments of fairness under the

Unfair Terms in Consumer Contracts

 

Regulations 1999 The Office of Fair Trading v Abbey National PLC and others

(2009).

 

 

I will contend at trial that such charges are unfair in their entirety.

Share this post


Link to post
Share on other sites

you have reworded stuff..not happy with that

and don't forget D2 box


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I received a response letter today what should I do now? should I contact Arrow to discuss no compliance with the CCA?

20170810_193136 copy.jpg

20170810_193117 copy.jpg

Share this post


Link to post
Share on other sites

did you fill out D2 box?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
did you fill out D2 box?

 

yes I put this

 

The claimant has averred on their claim form that they hold the signed agreement under the Consumer Credit Act 1974 dated 20/02/2013

 

A CCA Request section 78 was sent recorded delivery on 11-07-2017.

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

 

2. The respondent is unaware of any default notice served under the consumer credit act by either the original creditor or the claimant in the last 4 years.

Share this post


Link to post
Share on other sites

good

write to the fleecers sols

 

make ref to the sheriffs orders

and that they have failed to supply any/all of the required paperwork to enforce any claim.

 

until/unless you provide ALL the above I respectfully ask you discontinue the case


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks again I will get this done over the weekend and sent to the solicitors.

I will let you know the reply if any.

Share this post


Link to post
Share on other sites

add a line that you are not interested in any ADR or mediation until they provide all the paperwork

as until then you have nothing to mediate over.

you get the game


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I was thinking of sending this as a reply to the Sols?

 

"I write in regards to the above case reference number and the order of the Sheriff letter dated 08/08/17. The Sheriff has noted that i should contact the claimant to resolve any matters in dispute before the case management discussion takes place. I am contacting yourself as you are the claimants representative for this case.

 

On the 11/07/17 i sent a CCA request to Arrow Global Limited requesting under s.78 of the Consumer Credit Act 1974. To provide me with a true copy of the credit agreement, together with any other documentation the Act requires to provide. A copy of this letter was also sent to yourselves for reference.

 

To date Arrow/Shoosmiths has failed to supply any/all of the required documentation to enforce their claim and are in breech of my CCA request.

Until you provide ALL the above I respectfully ask you discontinue the case.

 

It should also be noted that i an not interested in any ADR or Mediation until all of the required paperwork has been provided as until then I have nothing to mediate over.

 

I look forward to hearing from you."

 

 

 

I also have another question? The date set for my case management discussion is the 15h September, can i request the court to change this date as it is difficult with work commitments?

Share this post


Link to post
Share on other sites

write to the sheriff clerk and explain

copy them that letter too.

 

in light of the enclosed letter

and the fact that due to pressing work commitments...

 

either

I respectfully ask the case management discussion be moved to another date

or

it be allowed to commence, with ref to my enclosed letter only offered as my points of discussion.

 

bla bla


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...