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Arrow/Shoos SPR Claim Dunfermline - old Newday Aqua Credit Card Debt


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Hi there

 

I have received a hand delivered envelope

(I haven't signed for it, don't know if that makes any difference)

containing a Simple Procedure Notice of Claim by Arrow Global for an Aqua credit card debt.

 

I have never received one of these before and I am not entirely sure what it is.

Is this a fishing expedition by Arrow to pressure me to respond

- there are no court stamps on the letter or date to attend court.

 

A Time to Pay application has been included.

The amount they are asking for is more than the credit limit as on the card,

I assume the balance is made up of fees/late payment charges.

 

If I ignore it what will happen - is it likely to proceed to court? The balance is for £737.00.

 

I took out the credit card in November 2014,

Arrow say they purchased the debt from Aqua in August 2016

and that they have sent letters on 2 occasions in May 2017 to which they had no response

- I do not recall ever receiving these letters.

 

I did make repayments to the card,

but same old story,

I got into financial difficulty,

they started adding on late payment fees and it all snowballed from there.

 

I am unemployed at the moment and not claiming benefit as my live in partner works full time.

I do not receive any tax credits, just child benefit for 1 child.

 

Can anyone help me as I don't really know what to do here.

I have until 14/09/2017 to respond.

 

 

I have been reading the forums but there is so much information on there and I don't know where to start.

 

Thank you.

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first of all you must respond,

this is the equivalent of a small claims procedure court claim in England

so follow the advice for them.

 

You can admit you owe the money and fill out thr time to pay,

you can deny owing the money and it will eventualy go to a hearing

or you can partially admit the debt

 

so for example you say that you agree you owe £xx but not he fees and charges of £yy.

 

You will have to show why the difference isnt owed and the changes are the claimant will accept the admission.

Make it vague and you still have to continue to a hearing where it may be decided that the full amount is due.

 

I bet there are add ons that they cant claim for, such as fees from Arrows so you may well be sending a SAR to the original lender

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I don't have any grounds for denial of the debt, so If I partially admit the debt but dispute any charges and fees, will it still proceed to a court hearing?

 

If I can prove the charges/fees that have been added on, are they likely to be deducted from the balance owed?

Edited by Vixal
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it all depends, if you can show that the fees and penalties are reclaimabel and have a proper totting up of them then they wont be going to court as the claim will be false.

 

What is likely to happen is if you argee that part of the debt is due then they will settle with you for that or vary the claim accordingly.

 

You can claim interest at 8% (statutory rate) or whatever rate you were charged if higher on the monies you were unlawfully charged so that will reduce the debt even further.

 

Until you have done your sums you cant really offer a defence

so acknowledge the claim now by ticking the box saying you partaillly agree

and get your figures sorted our within the next fortnight so you can put that in your defence.

 

They will probaly offer mediation and seek a Tomlin order, which binds you to paying the agreed balance in a set way

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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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  • 5 weeks later...

Hi there

 

I submitted a time to pay application to Shoosmiths.

 

They say the creditor has rejected the offer and want to proceed with court action.

 

They also state that they are concerned I will be financially unable to keep up the repayments.

 

why are they willing to let it go to court and what is the likely outcome?

If they don't think I can afford what

 

I offered, what do they hope to achieve from court action?.

 

Im getting into a complete panic over this I don't know what it is that they want.

 

Also the amount has now jumped by around 200 pounds.

 

I have received no breakdown of the debt from them.

 

Any advice greatly appreciated.

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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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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threads merged

please keep to one thread.

 

now I posted this before:

 

sorry you got missed yesterday

 

can you complete this out please:

 

http://www.consumeractiongroup.co.uk...ted-April-2017**

 

please don't return that response form yet or admit to anything!

 

worthy of a read

http://www.consumeractiongroup.co.uk/forum/showthread.php?479254-Arrow-Shoos-simple-procedure-claim-Old-NewDay-Aqua-Credit-Card-Debt

 

I don't know why you chose to ignore the advice and fill the links out

 

there is NO NEED to of used the time to pay order

 

you probably don't even owe them anything...

 

dx

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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Hi thank you I will post this info as soon as I can. I read a lot of things online that said that it would go to court so I had to respond with the form. I just panicked and sent it back with an offer :|

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oppss!!

 

 

ok lets get that info done then we will regroup.

please read it CAREFULLY and answer everything it asks

 

 

dx

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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well get it done

we have sunday to mull things over but Monday we will have to act.

 

 

cant you get it done tonight please

so I can review things properly overnight.

if you can

scan up TO ONE MULTIPAGE PDF

the time to pay you returned

and

what they have just sent back to you.

 

 

follow UPLOAD

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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Name the issuing court: Dunfermline Sheriff Court

Who Is The Claimant: Arrow Global Ltd, 12 Booth Street, Manchester

 

Who Are the Solicitors: Shoosmiths, LLP Solicitors, Edinburgh

What type of action? (simple/Ordinary): Simple

 

What is the claim for –

1.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 18/06/2016, the claimant accquired 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 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 Consumer 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 upon which they fell due.

The sum they are requesting is £737.00 (this has now jumped to £945.90 in my most recent correspondence rejecting the time to pay application)

 

Last Date Of Service:-24/08/2017

 

Last Date For Response:- 14/09/2017

 

What Documents are listed in Box E2: A copy of the credit agreement statements of the account and notice of assignation will be produced in any defended process to follow hereon.

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt: Credit Card

 

D5 what has the claimant said]:

the said contract between the original owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974.

It is dated 03/11/2014 and relates to a credit card issued by the original owner for aqua credit card with account number xxxxxxxxxxxxxx.

 

On numerous occasion between 03/11/2014 and 31/12/2015 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 issue 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 the payments to be made each month fluctuated from month to month depending upon use.

The last payment made by the respondent thereunder was made on 12/06/2015 in the sum of £30.00.

 

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

 

On or around 31/12/2015 the respondent failed to make payment of a sum which had fallen due and the said account thereby entered into default.

A default notice was issued to the respondent on 31.12.2015.

 

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 £737.00.

The right to receive payment of the sums due in terms of the said account vests in the Claimant.

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my knowledge

 

Did you receive a Default Notice from the original creditor? Possibly. I am unsure as I moved address.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

When was you last payment:- June 2015

 

Why did you cease payments:- Was late with a couple of payments and the company started adding on charges. I had moved house and had to decorate, furnish, carpet etc and had no spare money to make payments

there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan: Yes

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I did not keep a copy of the time to pay application I returned, but I offered to pay £20 per month.

I explained I was unemployed and did not receive benefit as my partner works full time.

I explained I received Child Benefit for one dependant.

I also said I was actively seeking employment and would look to increase payments once I was in a position to do so.

This was sent back to them before the 14/09/2017 deadline.

 

I have now received the following, dated 22/09/2017 from Shoosmith's LLP Solicitor.

 

Balance outstanding: £945.90

 

We acknowledge receipt of your time to pay application and have taken our clients instructions.

 

Our clients have rejected your offer of repayment at the rate of £20.00 per month and we shall be moving for an open decree with expenses against you.

We note that you appear to have a monthly deficit of £540 based on the information in your time to pay application.

We are therefore concerned that this payment proposal may not be affordable to you.

Please confirm how you intend to fund your proposed payments?

 

Please provide your response within 14 days of today's date using the pre-paid envelope provided.

We enclosed an income and expenditure form for your use.

 

You will be notified in due course by the Sheriff Court of the hearing date in respect of your application.

Accordingly it may be in your best interest to attend or be legally represented at that hearing date.

 

Yours faithfully etc.,

 

Also, I have since found part time employment since submitting the time to pay application, but the last thing I want them to do is arrest my wages.

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your time to pay order should have gone to THE SHERIFF CLERK of the COURT

not the fleecers.

 

that's probably why they've added more to the debt because they can see you haven't a clue what you are doing and are easy prey.

they cant add anything to what on the SPR form without the sheriffs permission.

 

pers i'd resit this

 

use post 2 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-The-Simple-Prodedure-Rules-For-Claims-Under-%A35k-in-Scotland-From-Nov-2016

 

fill out the spr form 4a with the above

 

get a CCA request running to the claimant

 

no harm in ringing the sheriff clerk explain you wrongly sent the time to pay to the claimant

 

you now do not want to do that

what is the procedure for filing a late form 4a.

 

stay off the phone to the fleecers do not discuss the case with them

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 said in post 6 you sent it to shoos...

 

get that CCA request running to the claimant.

 

I would ring the sheriff clerk office

 

explain that you have now discovered that a substantial amount of the sum claimed is made of unlawful penalty charges and how do you bring this to the sheriffs attention?

 

it might be best to record the call so you don't get things mixed up when reporting back here upon what they say.

 

is it too late to file a defence now as you are in 2 minds that's you have done the correct thing by using time to pay as you panicked before seeking appropriate advice.

dx

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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Ah no sorry i sent the application for time to pay to the sheriff court and received the reply from Shoosmiths. I will look over all your advice and start taking action tomorrow. Thank you.

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you are what is classed as a LiP Litigant In Person.

you are given certain Leeway.

 

 

this is how you should have responded to the claim using Form 4a:

[and for those reading this thread later, NEVER EVER admit to a debt, ALWAYS defend ALL

even if your THINK you owe the money...]

 

go read this and you'll see they have certain responsibilities toward you

 

here is an example of the use of the Respondance form

with regard to an SPR claim....

 

enter the details you need to in section A

answering A5 by post

B1 tick

C3 tick

 

in D1 enter the following : [by copy and paste from here]

 

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 advntage 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 collectionlink3.gif 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 which the original creditors have already written off as a capital loss and claimed against taxable income. or are typically related to issues of enforceability under the consumer creditlink3.gif 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.

The Claimant, XXXXXX, being one such company are now the assignee of the litigated Account

 

 

According to s.189 of the Consumer Credit Act 1974 when an assignee purchases debts [or otherwise acquires rights under a credit agreement] it also acquires certain obligations to the borrower including the duty to comply with CCA requirements, such as the rules on statements and notices and other post-contractual information. The assignee becomes the creditor under the agreement, thereby ensuring that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

It is admitted with regards to the respondent once having had banking facilities with the original creditor XXXX. 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 Abbeylink3.gif National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

in D2 enter:

. The claimant has averred on their claim formlink3.gif that they hold the signed agreement under the Consumer Credit Act 1974 dated XXXXX

 

A CCA Requestlink3.gif section 7? was sent recorded delivery on [date].

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 XX years.

..................

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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Hello again.

 

I called the Sheriff Clerk office this morning.

The lady I spoke to said she had no idea what an SPR form 4a is.

 

I explained the situation, and that the claimant have now piled another £200+ onto the amount.

 

She said that although the claimants have rejected the time to pay application, the Sheriff may overrule this and accept the offer of £20.00 per month, or will decide that it will go forward to a hearing, where I will then have to present a case for time to pay.

 

The outcome of the phone call was that I have to now wait for communication from the Sheriff as to whether he accepts the offer I have made, or that it will commence to a hearing.

 

Meanwhile, Shoosmiths are asking for a detailed income and expenditure breakdown within 14 days, and a full explanation of how I am intending to make payments, which I will NOT be sending them.

 

Is it worth me still putting something in writing to the Sheriff Clerk office at the moment? Or should I wait until I receive further comms from the Sheriff Court?

 

I obviously want to make the Sheriff Office aware that they are piling on extra costs with no explanation given.

Edited by Vixal
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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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  • 3 weeks later...

Hi just a quick update. I sent a letter to the Sheriff Court stating that I was disputing the amount being claimed and quoting some valid points from the information you provided me with.

 

I have received a letter asking myself and the claimant to attend court for a case management discussion. I have to prepare a new response form to include the points I raised in my letter. I have not been provided with a new form however. I need to lodge this with the court prior to the hearing.

 

Arrow Global have been instructed by the Sheriff to provide the original credit agreement, the debt purchase agreement and a breakdown of the sum being sued for.

 

Any thoughts on this? How is it likely to go?

 

Thanks again for all your help previously.

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form 4a is in the link I provided in post 21

 

 

details of how to fill it out are in post 19

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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if the fleecers cant produce the required paperwork it will go no where.

 

 

was it a form 4a you've been told to supply?

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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