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sarri12

arrow/shoos ordinary cause writ - old HBOS Loan debt

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Hi,

 

Sheriff Officers delivered to my address today what I believe is an initial writ? a Form 05? 

 

In relation to an HBOS personal loan from 2008. I entered a DMP and last DMP payment was made in 11/16, per information on said writ. 

 

The mentioned loan is not recorded on my credit file. The Form 05 has been addressed to an incorrect postcode (1 letter out) 

 

Really my question is where do I stand? Should I defend my case or submit a time to pay?

 

Thanks!

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name the issuing court: Airdrie Sheriff Court

 

Who Is The Claimant: Arrow Global Limited

 

Who Are the Solicitors: Shoosmiths LLP

 

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

 

What is the claim for –

The Pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and hbos plc dated 28/02/2017, the pursuer acquired 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 defenders 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 defender by way of a written notice on or around 28/02/2017.

 

The said contract between the Original Owner and the defender is a regulated credit agreement in terms of Section 189 of the consumer credit act 1974. It is dated 21/01/2008 and relates to a personal loan agreement with account number XXXX. It was a term of said agreement that a failure to meet any instalment on a due date would render the account in default and would entitle the pursuer to serve notice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.

 

On or around 30/01/2013 the defender failed to make payment of a sum which had fallen due and the said account therby entered into default. A default notice was issued to the defender on 30/01/2013. The defender failed to remedy the default upon service of the said notice and the account was accordingly terminated in accordance with that notice. the account remains in default. The last payment made by the defender thereunder was made on 10/11/2016 in the sum of £13.11. The sum due thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £5057.92 in terms of the agreement and the written notice hereinbefore condescended upon, the right to receive payment of the sums due in terms of the said account vests in the Pursuer. A copy of the credit agreement, statements of account and notice of assignment will be produced in any defended process to follow hereon.

 

The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary.

 

PLEAS IN LAW

 

The pursuers having acquired the right to payment of the sums due by the defender under and in terms of the contract as hereinbefore condescended upon, the pursuers are entitled to payment of the sums due in terms thereof.

 

The sum sued for representing the debit balance due under the contract, decree for this amount should be pronounced as craved

 

date of raised claim :- ?

 

Last Date Of Service:- ?

 

Last Date For Response:- 7/11/19?

 

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 ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- personal loan

 

 

BOX D5 what has the claimant stated: make payment of the sums sued for

…..

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? 2008

 

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? 

 

Did you receive a Default Notice from the original creditor? believe so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

 

When was you last payment:- 11/2016

 

Why did you cease payments:- 11/2016

 

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? yes dmp til 11/2016

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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I have sent off a CCA request by recorded delivery today to Arrow, so if received on Monday they will have had to respond by the 5th Nov 2 days before I need to reply to the citation. Should I wait to see if I get a response before submitting anything to the sheriff clerk?

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please re read...

 

 

CAREFULLY!! 

and all its post inc those referencing how you respond at each stage


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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