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

[alan35]

Thanks I'll keep u posted on any response

[alan35]

i have sent the above letter to the solicitors and also a copy to the court requesting the case management date be moved due to my work commitments etc.

 

The court has came back with...

In order for a court hearing to be discharged/changed you would be required to complete the attached form and intimate said form to the claimant and to the court for consideration. This can be done by email.

 

When you lodge the application with the court you should lodge proof you have sent the application to the claimant.

 

The Claimant has 10 days to object to your application after intimation and if no opposition if received the sheriff will consider your application thereafter.

 

I replied asking if this applies to a case management discussion as it is not the actual hearing and they said..

 

As the hearing was assigned by a sheriff order this hearing will have been intimated to the claimants therefore an application would be required.

I am happy to put your email with the papers on 15th September 2017 and this will be considered by the sheriff but the case still requires to call in your absence.

 

The form they have asked me to complete is form 9G

 

I have also received a reply from the solicitors saying...

 

We thank you for your letter dated 16/08/17, and refer to its contents therein.

 

Our client is reliant upon the original lender to provide copies of the documents that you have requested.

Upon receipt of these documents, we shall endeavour to provide you with a copy for you to review.

 

Please note that our client has instructed us to proceed with the current action.

Until such a time as we receive further instruction, we shall not be discontinuing the claim.

 

We recommend that you seek independent legal advice.

 

Should i complete the form asking the court and the claimant to change the case management date as i am worried without me attending they might award the claim to them?

 

It looks like they might be struggling to locate the original agreement etc?

would the sheriff allow the case to continue without the paperwork they have based the claim on?

 

Thanks

[dx100uk]

there would certainly be no judgement made if you didn't attend

its solely a case management discussion.

 

cant see there being any harm in doing the form 9G

and sending proof you have emailed [intimated] this to the claimant.

 

you could also as a safety net reply to the offer of them to put your email with the papers forward on 15th September 2017

include a copy of the email from the claimant that states they've not to date found any enforceable documents etc.

 

eitherway , the sheriff will read that

even if the form 9G doesn't get sorted/actioned in time [ I can see the claimant objecting just to gander pressure over you]

and will defer to a later alternate date.

 

you have done everything you can then to not be seen to purposefully waste the courts time.

and that might well put the pressure back on the claimant

as the sheriff might well set a date whereby the claimant must produce the required documentation anyway

as would happen even if you weren't there.

[alan35]

Thanks I'll get this sorted and keep u informed on the progress.

[alan35]

Today I have received a letter from Arrow with the following

 

We thank you for your letter and acknowledge your request fir documentation pursuant to the consumer credit act 1974.

 

We do not accept that we are the creditor as envisaged by the above statute. However we are willing to assist in obtaining that which has been requested. we will now process your request for documentation from the creditor and will revert in due course.

 

We confirm that all collection activity will be suspended pending provision of the documents.

 

We hereby return your fee of £1

 

 

Does this mean the court action will now be put on hold until they come up with the documents or do I still need to continue as above?

 

Thanks

[dx100uk]

std reply to any CCA request sent to arrows

changes nothing

[alan35]

even though they have said all collection activity will be suspended?

[dx100uk]

that's a std letter they send regardless to if court is on going or not

its autogenerated.

 

 

dx

[Old Cogger]

they cannot suspend court action only a court can, they try and deceive you - remember you are dealing with devious characters , they hope you slip up

[alan35]

I completed the form 9g requesting the court action be suspended until the CCA request has been fulfilled and the Sols has completed it and accepted by replying.

 

 

" The Claimant respectfully moves the court to discharge the case management discussion fixed for 15th September 2017, and thereafter pause the action to allow for the respondents request under the Consumer Credit Act 1974 to be satisfied "

 

 

Now I am thinking should I have continued with the discussion as they probably wouldn't have the paperwork or should I just be happy the have postponed everything?

[Old Cogger]

no paperwork where would they stand ?? answer!!!!!!

[alan35]

Have now received this from court?

 

Not sure if this is a good thing now as it gives Arrows plenty of time to come up with the documentation?

 

The court has received an Incidental Orders Application.

 

The sheriff has considered the Application and has given the following orders:–

 

Pausing Order

 

The sheriff orders the progress of this case to be paused.

 

This means that all upcoming hearings in this case have been cancelled.

No procedural steps may be taken in this case until the case has been restarted.

 

Either party can ask for this to happen by sending an Application to Restart Form to the court and to the other party.

 

Both parties should be aware that after six months, the sheriff clerk may write to you directing that a particular step should be taken.

 

If this is not done, the claim may be dismissed.

[dx100uk]

dead then

you could send it an application to restart with regard to getting the case dismissed

but it looks like that gonna happen anyway

 

 

dx

[dx100uk]

chin up

just got a letter to say one ive been dealing with on behalf of a neighbour that's been going on 2 yrs

ive just nad a letter from nolans saying they are going to dismiss the case.

tied them up in knots at 2 recent hearings.

[alan35]

do you think I should ask for it to be restarted in view of dismissing the case or just leave it to see what happens?

should I give them time to come up with the documents first?

[dx100uk]

by the time you've instigated the restart the 6mts might already have been and gone.

 

pers I think you are batting from a strong wicket at present

inviting them to change bowlers for want of a saying

is not in your interest.

 

if you've not got all the statements

it might pay you to use this time wisely and get an sar off to newday

[alan35]

ok thanks I'll get the SAR Sent off see what they come up with

[dx100uk]

which you keep to yourself!!

 

 

you don't ever reveal it contents in any form or tell the claimant anything...yet..unless its useful to your case

[alan35]

Today I have received a letter from the sols with statements of the account and the signed credit agreement.

 

They haven't included the assignment deed or default notices but I assume they would get these if they have come up with the rest.

 

Where do I stand now?

 

I assume they will reopen the case as they have the required evidence?

[dx100uk]

Scan up the return to ONE multi page PDF

Read upload

 

How's the sar going?

[alan35]

Hi it will be difficult to scan as it all contains personal information i.e home address etc.

 

it is the credit agreement signed by me and statements from the account.

There is a couple of notice letters letting me know I was behind in payments

but not an actual Default Notice and

No letter of assignment

 

I never got round to doing the SAR completely slipped my mind.

 

I would maybe be best trying to cut a repayment plan with them I think?

[dx100uk]

as does every agreement we ask people pop up

you have to redact it

read UPLOAD please

[alan35]

Here is the agreeemnt

 

CCA return.pdf

[dx100uk]

that's compliant

but ofcourse doesn't meet the outstanding requirements of your 4a form

 

oh. but ofcourse you changed it didn't you !!!

 

which is why is SO important not to faff around with tried and tested defences.....

[alan35]

Sorry I’m confused what part did I change?

 

Maybe I should have attended the case discussion and the judge would maybe have gave them a time limit to come up with the documents?

 

What should I do for my next steps?

 

Negotiate payment?