Arrow/shoos claimform - old M+S Credit Card Debt

[dx100uk]

Std letter they always sent

If you were to read any other arrow claimforn thread

Changes nothing

Safe to ignore

[HP Mum]

So now friend waits for a Shoos letter to also state the claim is on hold until Claimant provides details?

 

My friend is worrying - cos he is overseas - so I need to relay details and allay his fears

[dx100uk]

After 28 days from filing defence

It will be auto stayed

Then they'll have to pay more to lift stay

 

Ignore everything now

Other than letters from the court only

[HP Mum]

Thanks DX.

 

Shoos still need to reply to cpr.

So wait for that and arrows further cca replies and court replies too.

Will revert your advice back to friend

[dx100uk]

id not sweat unless the court writes

you don't often see shoos lifting stays

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?475863-capquest-shoosmith-claimform-Cap1-card-debt-stayed-now-a-CCA-Response-Received-another-persons-CCA

[HP Mum]

Hi

Friend is concerned that the Court has not served a "notice of provisional allocation to track".

He seems to think this is needed to tell him which directions questionnaire to fill in. The Directions Questionnaire requires him to contact the claimant to discuss the information he would provide before returning it to the court.

The form must be returned to the court by the date given, or the court may impose a penalty.

 

MCOL confirms 17-08 as reception of the defence - nothing has been received from court since.

Should he contact the court to inform them of the situation and request confirmation when the form was or will be sent?

 

OR - will the court do nothing because Arrow cannot continue with collection - or the claim -

until they have provided the docs requested under cpr and cca???? Is this why friend hasn't received directions form yet?

[dx100uk]

is it 28 days since he handed in his defence?

if it is THE CLAIM IS STAYED.

 

he does NOTHING MORE

till THE COURT WRITES TO HIM.

 

ignore any willy waving by the fleecers or their dogs...end of!

 

HE does NOT need to find/get/fillin ANY FORMS HIMSELF

 

the claim is stayed....parked dead.

 

 

so about 17-09 is your date

[HP Mum]

hi

Can I please ask exactly when SB comes into 'play' ?

 

Is it the date when the credit card company terminates the account?

Or when the date when the card holder last made a payment?

 

Friend has received a letter from Sols to say that they don't consider the account SB.

 

Friend last made payment 6y and 4m ago.

No letters/no contact at all since that point.

 

Yet Sols say that the account was terminated 6 months after last payment.

They say it is this date that they look at and this date is within 6 years (a few months to go).

 

They further state that

'an action founded on simple contract shall not be brought after the expiration of 6 years from the date on which the cause of action accrued'.

 

 

They then quote a date of 'cause of action accrued' as being 6 months after friends last payment and the date the company (m&s) terminated the account.

 

They then proceed to state that they do not consider friend has any prospect of successfully defending the claim.

 

So what is friend's position?

 

And how can sols write this to friend when the Claimant has written saying that all collection activity will cease until they have found all the docs requested under cca??

 

Please note that shoos have not responded to the cpr 31.14 request yet.

 

Should friend point out that in their consumer credit sourcebook, the Financial Conduct Authority states the following rules:

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

AND

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

AND

Unless they can provide evidence of payment or written contact from friend in the relevant period under Section 5 of the Limitation Act, friend should suggest that Claimant is no longer able to take any court action against friend to recover the alleged amount claimed.

[AndyOrch]

It runs from the cause of action......which is the first missed contractual payment...not from the termination date and not from when the creditor decides to issue a default notice.

[dx100uk]

its a willy waving letter from arrows

 

let them proceed if they want too.

 

no need to write back and say anything

 

IF they are going fwd he'll get an N180 from the COURT

until them he does nothing

[HP Mum]

It's the Sols - shoos - that have sent the letter, not arrow.

 

Arrow wrote to say collection would stop until they'd provided the docs under cca request.

 

Shoos have said 'in the interests of cost's friend should put a reasonable offer of repayment to their client (Arrow) at this point. They've given 2w to reply with I&E form and repayment proposals.

 

So - from what you both - dx and Andy - say, friend just ignores this letter?

[dx100uk]

doesn't matter whos sent the willy waving letter

as post 35

[HP Mum]

HI

So far nothing in the post from Court.

 

No docs from Arrow re CCA request.

And no docs from Shoos re cpr 31.14.

 

It should be stayed now.

 

What does friend have to do now?

 

Write to court and ask for case to be thrown out?

[dx100uk]

Its stayed

Nothing more to do

[HP Mum]

Can I please ask what happens to the case now?

 

Shoos failed to respond to the cpr 31.14;

Arrows failed to send anything - yet -re the cca request.

 

 

Friends defence was filed and I understand the date has passed which means the case is stayed.

But what exactly does this mean?

 

Does it mean that effectively nothing happens with the Claim?

That the court throws it out?

 

 

Or can Arrow or Shoos revive the Claim

- for a fee - in the future?

[dx100uk]

its stayed as post 39

 

 

and you last sentence is correct.

 

 

but you only EVER pay attention to letters from THE COURT.

not the fleecers or their dogs.

[Old Cogger]

claims sits there until/IF they pay a fee to reintroduce the claim/ many do and many do not!!

[HP Mum]

Arrow have written to friend.

They just remind him that they have not yet got the required docs from M&S. And will send docs as soon as got them....

Surely Arrow must have been told by Shoos that friend has said it is SB?

Should friend gently remind Arrow? Or just ignore...?

[Old Cogger]

their problem not yours

[dx100uk]

Yep

[HP Mum]

Shoos has written

- reminding friend that friend hasn't replied to their last letter

- in which they asked for I&E form and 'in interest of costs' for a reasonable offer of repayment.

They are disappointed friend has not replied.

 

How does this work

- Arrow wrote saying account/debt collection on hold until they get docs from M&S

- so why are Shoos reminding friend to send in I&E and to make reasonable offer??

Isn't there a template letter to be sent telling Shoos to stop harassing friend?

Or - again- friend should just ignore Shoos?

 

 

Also, Shoos seem to not be sure of friend's name!

They keep asking friend to confirm correct spelling.

They spelt it wrong on their claim

(which pretty much confirms they and Arrow don't have the original docs).

 

Friend spelt it correctly in Defence (obviously).

Shoos are now questioning it.

[Old Cogger]

if in court system = not on hold - their problem not yours

[dx100uk]

You ignore!!

[HP Mum]

thanks

Thought as much. Shoos scraping the barrel.

[HP Mum]

Is there any way for friend to get this thrown out court? Rather than just autostayed?