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

[dx100uk]

post 8 refers

your post 16 has several lines of important document requests missing from my original.

 

ive not said give in

and they've not request the claim be resumed either

that's only the agreement

there no default notice

no notice of assignment

and

no statements.

 

all of which you've asked for.

[alan35]

Ok I never actually realised I changed your template letter I must have copied part from another source sorry. I’ll respond back to the sols about not providing all information and take it from there.

[dx100uk]

no you do not reply.

our defences are not templates as each claim is different.

 

please don't fall for their willy waving

 

dx

[alan35]

Ok I’ll leave it and see how it’s goes

[dx100uk]

[alan35]

So after nearly 6 months shoos have decided to send a restart notice and I have a case management discussion this week.

 

I have since found out arrow global purchased the debt from idem servicing and not direct from Newday.

 

Do they need to have the proof that it was sold to idem as technically how can they prove idem had the right to sell to arrow?

 

What should I expect at the management discussion and what should I take with me?

 

What should I admit or not admit to?

Edited May 21, 2018 by dx100uk
spacing

[dx100uk]

as post 53

I gather they've sent nothing new..

 

so the sheriff has written you?

[alan35]

The sheriff sent a notice saying it would be dismissed if neither party replied to restart the case.

 

Shoos then applies to restart using the statements and agreement etc as evidence but with a letter of assignment from idem servicing to arrow.

 

There is nothing to show the debt was originally assigned to idem from Newday?

 

Do they need this?

Edited June 29, 2018 by dx100uk
Spacing

[dx100uk]

not your problem

so who has the CMD letter come from?

[alan35]

Sorry what is not my problem?

That they don’t have the letter of assignment from Newday to idem?

What is the CMD letter?

[dx100uk]

who told you to attend a CMD?

[alan35]

I got a letter back from the court saying it had been restarted and I had to attend the CMD this Thursday

[dx100uk]

in post 60 you stated that the sheriff said it would be dismissed if either party restarted the case

so you've rung and said they have and why has it not been now dismissed

this was in writing that he said this...

[alan35]

Yes but when the case was put on hold they said if neither party responded within 6 months the Sheriff would decide what to do with the case.

When the 6 months was nearly up the Sherriff sent a letter to say the case would be dismissed within 14 days unless either party responded with a restart notice.

 

This is when shoos submitted the restart notice and then The Sheriff ordered a CMD

[dx100uk]

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.

 

please scan up the referred letter re above.

 

if their IA was not dated by 1st march they are dead in the water

[alan35]

Here it is

 

This was the next letter sent

 

SO7

The Simple Procedure

Order of the Sheriff

Application to Pause

This is an order of the sheriff in a case which you are a party in. You should read it and follow it. You should also read Part 8 of the Simple Procedure Rules, which is about orders of the sheriff.

Sheriff Court:

Date of order:

Claimant:

Respondent:

Case reference number:

Hamilton

1 September 2017

Arrow Global Limited, Belvedere 12 Booth

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.

Signed by: Sheriff Bicket

Sheriff of The Sheriffdom of South Strathclyde, Dumfries and Galloway at Hamilton

This document has been electronically authenticated and requires no wet signature.

 

The next letter

 

 

FORM 8A

The Simple Procedure Order of the Sheriff

This is an order of the sheriff in a case which you are a party in. You should read it and follow it. You should also read Part 8 of the Simple Procedure Rules, which is about orders of the sheriff.

Sheriff Court:

Date of order:

Claimant:

Respondent:

Case reference number:

Hamilton

16 March 2018

Arrow Global Limited, Belvedere 12 Booth Street, Manchester, M2 4AW

This case has now been paused for 6 months, The Sheriff intends to dismiss the action with no expenses being due to or by either party, unless one or both parties write to the court within 14 days and sends a copy to the other party asking for the case to be restarted and explaining why it should be restarted.

Signed by: Sheriff Waldron

Sheriff of The Sheriffdom of South Strathclyde, Dumfries and Galloway at Hamilton

This document has been electronically authenticated and requires no wet signature.

 

The application to restart was then sent 26.03.18 and the letter to invite me to CDM from Sherriff was dated 11.04.18

orders.pdf

[dx100uk]

thank so post 53 applies then

[alan35]

They have supplied the statements, default notice and letter of assignment now though?

[dx100uk]

thanks for telling us:evil:

scan them up to ONE multipage PDF please

[alan35]

I don’t have anyway of scanning that many files. I submitted the agreemtba few posts back. The statements are just normal statements and the assignment is from idem to arrow.

 

I am thinking best way is try cut a deal with them at the CMD

[dx100uk]

i'd rather you paid us that money when you win this case

read upload carefully all the info is there its very easy...

 

you submitted the agreement on 13th nov

my reply was the next day..post 53

 

those are fatal to them...

[alan35]

Looking through the documents sent to me they haven’t actually sent me a default notice. There is only a letter giving me notice that I had missed 2 payment but not actually any default notice. Hopefully this will give me something to argue about tomorrow.

[dx100uk]

fatal.

[alan35]

Should I just ask for the case to be dismissed on the grounds that no default notice was given? I assume a default notice has to actually state that’s what it is?

 

Here is the notice?

2018-05-23 21-17.pdf

Edited May 23, 2018 by dx100uk
merge

[dx100uk]

that's a NOSIA letter NOT a default notice.