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    • At least you got it over with.  Just wait for the court order to come so we can see what the judge has put,  but you will have to start making payments in line with his order from whatever date is on it.    
    • No direct answer for you I am afraid but their actions are surprising. Although banks can and do question unexpected large payments into bank accounts (large relative to what usually comes in) you wouldn't expect a payment from HMRC to be considered a suspicious transaction under money-laundering rules. And you've done the right thing, gone into branch with ID and proof of the source of the payment. Hopefully they will soon unfreeze your account.Sady in all banks local managers have virtually no say in what happens, it's all down to head office fraud and money laundering team.   Their suggestion that student accounts don't allow you to work is surely nonsense. The requirement in their t&c is that you must be on a full time course, not that you can't work as well. Their t&c say " You must be aged 18 or over and studying on a full-time UCAS registered course of two or more  years’ duration...". Nothing in the t&c about not being allowed to work as well, they made it up. It would be a strange student a/c that said you couldn't work ever - Nationwide must know  that most students need to take part-time/holiday jobs to pay their way through university (and have done for as long as student accounts have existed - at least 50 years!)
    • but no judgements yet..urm… think about it..
    • I could never thank you enough Ell-enn - And would never have been able to get through this without your help, support & guidance... Thank you so so much!   I found it all quite traumatic and distressing today - I managed to make myself look somewhat presentable for court and tried to stay as positive as I could, but had a pretty bad panic attack and broke down crying on the way to court, which melted my make-up and I felt very dizzy and unwell. The security staff were helpful and a lady appeared at desk in waiting room (usher I think) and told me that the rep for other side had been there all day, but had popped out for lunch. She said when he gets back he may want to talk to me. I felt like I was going to projectile vomit all over the waiting room. My head started pounding with a severe headache and I was worried I might pass out. He waltzed into the waiting room and stood towering over me at over 6 foot, but only looked about 12 years old.... Very cocky and stood too closely in my personal space. He told me to follow him into a private room for conference and I refused and told him I would prefer for the judge to decide.    Shortly after we were called into the judge. I don't recall his name but I don't think it was the same judge who issued the original possession order and he looked a little bit like Judge Rinder. I broke down crying again soon after sitting down and had to apologise to the judge, who seemed sympathetic. I felt so unwell, embarrassed and humiliated. I then had a panic attack during the hearing and was struggling to breathe - I must have looked such a state.    The judge asked what date the eviction was due to happen (Monday) and then asked me if I had any offers on the house yet and spoke to me briefly, but I could barely speak due to crying. He asked me about my expected return to work and I said I had suffered a nervous breakdown and wanted to be able to get back to work as soon as possible, that my GP had singed me off sick until mid-August and that I was currently on several medications which also affect my ability to work. He asked me if I wanted to say anything else and there was so much I felt I could have put across better, but just didn't feel able to and couldn't think clearly, so said no.   The judge said to the rep for Britannia that he felt concerned about this, but not sure exactly what he meant by that and then the other side stated they had clear instructions to take possession, that I had only paid them £10 and disagreed with my proposal to sell the property myself. The judge asked him if my offer of £50 towards arrears fell in line with Norgan case and the other side said yes. The rep stated that whatever it is I do for a living, my proposals could not be taken into account, as I had no proof or indication of my current income/expenditure.   The judge then came back to me and said he wouldn't be able to agree to more time for property to sell, but would have been able to do more if I had an offer in place / sale agreed. He asked me about my work and for a clearer indication of when I would be able to resume payments / pay a monthly amount towards the arrears. I said that I also had a spinal injury & had had surgery on my spine a few years ago and it was due to complications from that that I had initially been unable to work & fell into arrears and then went on to say that it was Britannias' actions that had caused my breakdown and he did snap at me a bit then and told me he didn't want to hear what Britannia had done, so I apologised. He asked me again when I thought I would be able to resume payments and I asked if September would be ok. I was shaking and having a pretty bad panic attack at that point.    The rep from other side then jumped in and said she needs to pay us straight away, and the judge then stated that he would make an order for me to make repayments from August and suspend the order on those terms. He said if I fell into difficulties again we would be back here again and said that they may be able to help me again if that happened. He asked if that was ok for me and I felt pressured to agree as I didn't feel able to do any other.... I am now now worried about my ability to do this, but obviously relieved at the same time. I think the rep for the other side was a bit p**sed off... He was quite ignorant and I feel traumatised...I feel sorry for the judge having to see me in state like that.   As soon as we had left the room the rep came right up behind me calling my name and told me he needed my updated phone number so that he could contact me. He looked a little bit psychopathic at that point and I told him I didn't want to speak to him and walked off.... I was so dazed I went in the wrong direction when I left the court building and it wasn't until I looked in mirror later that I realised I had tissue paper stuck all over my face from where I had been drying my tears... I HATE Britannia for making me go through that, especially under such poor health.... Which they have caused me!   Thank you again so much for all of your kind wishes and assistance - Especially Ell-enn, as without your help I would be facing Bailiff eviction next week - And still won't sleep until that time has passed.... xx         
    • Just thought I would update, Unite the union have now intervened although initially at a low level.   They have contacted HR at the firm asking them to deal with it in order to stop Unite getting involved
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Buzz1024

Arrow/Shoos SPR Claim - Aqua credit card debt

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first of all - I managed to get another case dismissed back in August thanks to the fabulous advice on here

 

- this latest query is a wee bit different though.

 

My wife has just received simple procedure paperwork today from Arrow/Shoosmiths for a supposed Aqua credit card debt.

 

This is going to be fun as the paperwork was addressed in her maiden name and to an address that she was not living at the time the card was taken out

- the address being next door to where we currently live

- yes, I married the girl next door!

 

we were married and she had been living with me for over a year prior to this card being taken out

- and neither of us know anything about it.

 

personally, I suspect that this has been fraudulently taken out.

 

We have a very open financial relationship so it's not a case of her hiding anything from me.

 

The Sherif officers have delivered to our current address in error obviously assuming that there had been a typo in the address.

 

I can prove that she moved in over a year prior to the card being taken out.

 

She can prove via her banking that she has never paid to an Aqua card.

 

Also we can prove that we were married at the time and that she had changed her name.

 

How do I proceed with this one?

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name the issuing court: Edinburgh Sherriff Court

Who Is The Claimant: Arrow Global Limited

 

Who Are the Solicitors: Shoosmiths

 

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

 

What is the claim for –

1.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.

2.It is dated 16/11/2012 and relates to a credit card issued by the original owner for aqua credit card with account number xxxxxxxxxxxxx.

3.on numerous occasions between 16/11/2012 and 29/01/2016 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility.

4.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.

5.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 9/6/2015 in the sum of £100.

6. It was a term of 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.

7.On or around 29/01/2016 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 29/01/2016.

8.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.

9.The account remains in default.

The sum due in terms of the said agreement amounts to £2957.50.

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

 

last Date Of Service:- 08/02/18

 

Last Date For Response:- 01/03/18

 

What Documents are listed in Box E2: " 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 claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt : - Credit Card

 

from your knowledge: answer the following:

 

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

 

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? no

 

Did you receive a Default Notice from the original creditor? no

 

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

 

When was you last payment:- have never made a payment

 

Why did you stop payments : never started payments

 

Was 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? No

 

My wife did not at any point take out a credit card with Aqua. and certainly not in her maiden name at a different address.

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point 6

is that typed in exactly as stated?

the claimant cannot issue default notices


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" and would entitle the claimant to serve a Notice of Default on the respondent "

 

:lol:


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yep - copied verbatim.

I think the work experience kid must have written this one.

 

apart from the amateurish claim - it's all academic from our point of view as my wife did not take out an Aqua cc using her maiden name at a previous address - so do I just deal with it via the court or do I need to report this to the Police to get them to investigate and treat it as fraud?

Edited by Buzz1024

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both

actionfraud - get a ref number.

 

it would have been an online application via the newday site.

 

i'd follow the std Form 4a approach but we'll tweak it a bit.

 

can you begin to collect documentary proof that she was living elsewhere a the takeout date

CTAX bill

Voters record

util bill

 

to me this looks like fraud by a family member?

or friend of one at the address?


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Have already started on a list of what to dig out.

Once i've done that i'll speak to police & action fraud.

The property she was in was a rental and there were issues with the landlord - which ended up costing them both income & their landlord registration so I have my suspicions.

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even though its somewhat immaterial

you did send Arrows a CCA request?


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and?


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

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it would be nice if you bothered to update your thread on cag

you have been online in the last 7 days to cag numerous times but have failed to update us


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Hi - I've not been on here since my last post but it looks like I've not logged out since my last visit.

 

I phoned Edinburgh Sheriff Court this morning as had heard nothing since submitting the defences and was just curious

- only to be told that there is a case management meeting tomorrow morning!

 

just got home to a bundle of paper from Shoosmiths

- a copy of a signed agreement (with a signature that doesn't look like my wifes) and a pile of statements but not covering the whole period (appears to be online gambling - neither of us are gamblers) - this should have been supplied 14 days ago!

there's no default notice or anything else with it.

 

My wife still has no idea and I've never seen any mail in relation to this.

 

One thing that concerns me is that the address is now magically correct

 

I have copy CT accounts and marriage cert proving name change and proof of residency to take with me tomorrow.

 

I'll update once tomorrow is done

Edited by dx100uk
spacing

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thank you.

so the case management hearing notification went to the old address again.

when you sent the response form did you not put the correct address on it?

 

can you scan up what you have to one multipage pdf

read upload


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and?


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

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please tell us what happened


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pm sent


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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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