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Arrow/Shoosmiths Ordinary Cause Court Claim - Old HSBC Loan Debt


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Where is the defence form you refer to? Or is it just to be drafted on plain paper? I've read everything you have sent and must admit it's confusing as heck. Is there a form or just a format? If so I believe I'm addressing this below. 

 

Some defences I have read seem to state that the format must be to accept or deny each condescendence etc...so I have done the following, whilst still maintaining the detail you have provided. Can you please take a look and advise accordingly? Am I on the right track now?

Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at Belvedere, 12 Booth Street, Manchester, M2 4AW

 

PURSUERS

 

against

 

 

 

DEFENDER


 

DEFENCE


 

1. Denied

The Claimant's claim was served on 12th May 2021 at the defendants current address of XXXXXXXXXX. The address in the condescendence is incorrect as the defendant has not resided at the property for over 6 years. (should I leave this in as it is factually incorrect in the writ)

 

2. Denied

The Defendant has never received said assignation by way of written notice from the pursuer.

 

3. Not known and not admitted that 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 11 March 2013, and relates to a Personal Loan agreement with account number XXXXXXXXXXXX..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 anotice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.

The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. Under Scottish laws the debt is now extinguished.

 

4. Denied 

The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. 

 

5.  I wish the return of my £132 Form 07 Fee from the Pursuer.

 

 

PLEAS IN LAW

 

1.The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable.

2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.

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Where is the defence form you refer to? Or is it just to be drafted on plain paper? I've read everything you have sent and must admit it's confusing as heck. Is there a form or just a format? If so I believe I'm addressing this below. 

 

Some defences I have read seem to state that the format must be to accept or deny each condescendence etc...so I have done the following, whilst still maintaining the detail you have provided. Can you please take a look and advise accordingly? Am I on the right track now?

Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at Belvedere, 12 Booth Street, Manchester, M2 4AW

 

PURSUERS

 

against

 

 

 

DEFENDER


 

DEFENCE


 

1. Denied

The Claimant's claim was served on 12th May 2021 at the defendants current address of XXXXXXXXXX. The address in the condescendence is incorrect as the defendant has not resided at the property for over 6 years. (should I leave this in as it is factually incorrect in the writ)

 

2. Denied

The Defendant has never received said assignation by way of written notice from the pursuer.

 

3. Not known and not admitted that 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 11 March 2013, and relates to a Personal Loan agreement with account number XXXXXXXXXXXX..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 anotice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.

The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. Under Scottish laws the debt is now extinguished.

 

4. Denied 

The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. 

 

5.  I wish the return of my £132 Form 07 Fee from the Pursuer.

 

 

PLEAS IN LAW

 

1.The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable.

2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.

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use the sb defence as you pleas in law section

 

end with 

the said decree should not be granted as craved but dismissed and an absolitor issued and my costs returned.

 

yes just done on paper

make sure you sign the reverse of the last sheet 

intimated by post to xxxxx date xxxxx

 

can you get to the court and take it in to the clerk and get it checked, you have to go there to pay the fee anyway..

 

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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Thanks dx,

So take out the sb defence info at point 3? And put it in Pleas section? 

Anything else I can add in point 3 instead? 

 

Take out the other 2 pleas I've typed up? And add the one you included?

 

Feel happier that I may now have the correct format. 

Is it the court of session in Edinburgh or Hamilton sheriff court. I can get to Hamilton but not Edinburgh. 

 

I already paid the fee in June via telephone. 

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which court issued the summons?

 

cant hurt to actually leave the sb defence in 3 and the extra bit as pleas in law section sorry

i'm not firing on all cylinders at present.

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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Hamilton sheriff court issued summons. I'll give the court a call in the morning. 

 

Thanks for all the help, it may seem like an open and shut case but the formalities and terms take a bit of getting used to when you don't know legal speak. 

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forget being worried.

i've never got used to the strange words scottish courts use 

i've been doing this 10yrs inc 3 myself...not lost yet mind.

and an SB defence is almost guaranteed success as the debt is extinguished , dead gone parrot in scotland after 5yrs

unlike E&W whereby its 6yrs and that simply removes the legal right to enforce any judgement only.

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 - I've just been informed by the in court advisor that the statute barred defence is not a reasonable defence as the date stamp on the writ is November 2020. It is not from the date in which the Sheriff Officer delivered the writ which was in May 2021. It is possible that we can argue that no payment was made from mid 2015 which would give the 5 years + defence. i'm however, struggling to recall when the last payment was made but I expect it was pre November 2015.

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Do you know the source of your payments?

 

If so go ring that bank and ask

 

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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