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

[Dog Lover 123]

Hi there, 

My situation is as follows, in 2014 my husband and I moved to Australia, leaving behind some debt. Things didn't work out as planned with our residency in Australia and we had to return mid 2017. I am self employed since 2017.

 

This relates to Scottish debt

 

I have received a form05 sheriff court citation (including a time to pay order) on behalf of Arrow Global who have acquired the debt from hsbc. Sum owed is £9772. 
 

Payments defaulted in jan2016 but the creditor sought court action in nov 2020 and I am told the debt cannot be prescribed or statute barred.

 

additional debts all defaulted late 2015 early 2016 so I am uncertain which ones are still live or can be considered prescribed. I have obtained an equifax credit report so can view that meantime.

 

Having spoken to Money Matters and Scottish debt charity, I have a couple of options apparently. A das( debt arrangement scheme), trust deed or insolvency . I was never contacted by arrow global with details of assignation etc despite them intonating this in the writ.

 

I’d really like to know what my options are(if any) as this is making me feel quite sick. I have until 2nd June to respond.

 

Sorry for long winded message , any help would be very much appreciated.

 

TIA

[dx100uk]

no need to do any of that..

 

please complete this:

 

You have received a SCOTTISH Court Claim - What you need to do. **updated April 2017** - Scotland Financial Legal Issues - Consumer Action Group

[dx100uk]

19 minutes ago, Dog Lover 123 said:

Payments defaulted in jan2016 but the creditor sought court action in nov 2020 and I am told the debt cannot be prescribed or statute barred.

 

Also...expand on the above, that doesn't stop the SB clock unless some got judgement in nov 2020.

[Dog Lover 123]

name the issuing court: Hamilton Sheriff Court

 

Who Is The Claimant: Arrow Global Limited

 

Who Are the Solicitors: Shoosmiths LLP, Saltire Court, Edinburgh

 

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

 

What is the claim for – I'm not certain i have the correct information

 

look for the words which FOLLOWS [substantial connection with Scotland]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of XXXX together with expenses.

 

 

type out ALL the text [minus pers details] [D4 BOX SPR FORM] or [Condescendence from Writ]

NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT.

 

1. The parties are as designed in the instance. The defender resides at XXXX. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This Court accordingly has jurisdiction. There are no proceedings pending before any other Court involving the present cause of action between the parties hereto. No agreement exists prorogating jurisdiction to another Court.

 

2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between the pursuers and HSBC Bank plc ("the Original Owner") dated 19 December 2016, 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 19 December 2016.

 

3. 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 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 a notice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated.

 

4. On or around 27 January 2016 the defender 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 Defender on 27 January 2016. The Defender 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 thereunder is due and payable now. As at the date hereof, the sum due in terms of the said agreement amounts to £xxxx. 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 assignation will be produced in any defended process to follow hereon.

 

5. 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.

 

date of raised claim [or court stamp date from writ or date from ] :- At Hamilton on the 24 November 2020

 

Last Date Of Service [or from form 07]:- Date of Service 12th May 2021

 

Last Date For Response [or from form 07]:- 3rd June 2021

 

What Documents are listed in Box E2:[or in your form requesting the same?] Form 03 (application for time to pay direction or time order) & Form 07 (notice of intention to defend)

 

Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Loan

 

BOX D4 what has the claimant stated: IN FULL

 

Date of Agreement: – 11/03/2013
Reference Number: – is this the original creditors account number? (y/n) Unknown (ends 4321) 

how many digits does it have? 8
Unpaid balance: - £9772

 

BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ]

1. 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.

 

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

…..

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007? after 2007 ( March 2013)

 

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.:- Account was assigned and it is debt purchaser who has issued claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I was living overseas at the time of assignment (from writ it was issued in December 2016)

 

Did you receive a Default Notice from the original creditor? No, I was overseas

 

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

 

When was you last payment:- Uncertain but would guess approx mid 2015

 

Why did you cease payments:- was living overseas

 

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

 

 

Expanding on additional information - I expect that it has taken 4/5 months since the warrant of citation was sought to establish my current address as the writ states my previous address (prior to moving overseas in 2015)

 

Edited May 18, 2021 by Dog Lover 123

[dx100uk]

ok well they can't do that.

its when it gets served on you pers, which i take it the sheriffs officers did at your door and signed and dated the doc when handed to you.

 

the debt is statute barred 

easily dealt with.

 

just confirm the above please

 

dx

 

 

 

[Dog Lover 123]

Docs were handed to my step daughter as I was not home at the time on 12th May.

 

Jeez I'm so confused.

[dx100uk]

nothing to be confused about ... you don't owe a penny. the debt is statute barred.

the debt is more than 5yrs old it's dead gone extinguished under Scottish law.

 

later you file this:

 

 1 The Claimant's claim was served on (insert date).
 2 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
 .
 3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

4. i wish the return of my £129 Form 07 Fee from the Pursuer
 .
 Regards 

 nicked from Andyorch

 

for now just fill out the form 07 as my example attached.

 

 

Form07.pdf

[Dog Lover 123]

Wow, and to think I thought I was out of options. 

Thank you so much for your assistance. 

 

Just to be sure, I send the intention to defend first, followed by a letter stating points re statute barred (to the solicitor and sheriff court)?  In a time frame or just if I receive further communication? 

 

Thank you

[dx100uk]

its a only a scamming DCA debt buyer, as with any DCA...they have absolutely zero legal powers on any debt no matter what it's type nor are bailiffs in any form whatsoever. ask yourself this question...why didn't HSBC take you to court themselves and crush you dead? why sell it for 10p=£1.

 

it's a speculative claim hoping as you were just about too...wet yourself and cough up.

 

the defence is for latter.

 

type in ordinary cause in our search top right red banner

[dx100uk]

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[Dog Lover 123]

Update on case, having submitted my NID, payment and defence, sheriff court have advised me to await court hearing date. 

 

Would you recommend I get in touch with arrow global? Or just await the date and take it from there?  

[dx100uk]

god no you never invite pointless letter tennis.

 

so you filed our SB defence?

 

[Dog Lover 123]

Yes I submitted the defence as advised. 

 

Sheriff court have confirmed they have this. 

[dx100uk]

good 

yours is not the next move.

 

dx

 

[Dog Lover 123]

I've just received a letter from Shoosmiths stating that they will no longer be managing the account on behalf of Arrow global. They will only be dealing with the court proceedings and enforcement activity but the account will now be managed by Equivo which appears to be a merged company incorporating Shoosmiths. 

 

Have to admit I'm fearing the worst. 

[dx100uk]

means nothing..

 

simply that shoosmiths are now part of the equivo group.

 

Shoosmiths and Chartsbridge launch recoveries solution firm Enviro - Credit Today - Consumer Action Group

[dx100uk]

+2 mths no movement?

[Dog Lover 123]

No nothing, I'm hopeful

[dx100uk]

hamilton court are usually pretty quick

pers i'd ring and enquire if they/you have not missed a letter.

[Dog Lover 123]

I had to get in touch with them when I submitted my defence as I hadn't quoted the court number so they advised they had received both and I would hear from them in due course. 

 

I wasn't sure if they would put it back to arrow global/Shoosmiths before issuing a court date, ie do Shoosmiths want to continue pursuit?! Slightly ignorant to court proceedings. 

 

I'll give a call on Monday, suppose I was thinking ignorance is bliss or that it would just go away.

[dx100uk]

there would need to be a conclusion to the court case. thats not for the fleecers to decide by the sheriff.

 

so you filed and paid for ....intention to defend

then you've actually filed the SB defence?

[Dog Lover 123]

I think I have a problem.. 

I received a letter from the court saying they couldn't find the case as I had not included a court number and sent back which I assumed was a copy of my defence. 

I called them them to provide court number to marry up and they advised yes they had both NID AND Defence This was on 4th June. 

 

On closer inspection, they have returned my original letter which therefore means they do not have the defence. I'll call them on Monday! 

 

I now believe what they were confirming was that they had the NID. Payment was made via card transaction which has been taken from my account on 10th June. 

[dx100uk]

opps silly mistake, there is a prescribed form to use in each case and a prescribed format inc info you must put on the back of each sheet, you simply probably forgot to do that bit on one or the other.

[Dog Lover 123]

I sent my defence as a letter. Was not aware of any form to submit as such other than the NID. 

[dx100uk]

Sort of like rhis

 

 

 

You must sign the rear and intimate with proof you sent to sols as well

 

Dx