me vs arrow global/shoosmiths

[PlanB]

Re: me vs arrow global/shoosmiths

Is this hearing on Tuesday the final hearing "trial" or a sort of case management hearing so it's not your last chance to fight this?

[keeperlit]

Re: me vs arrow global/shoosmiths

Hi, yes I have lost confidence in my solicitor but I haven't ruled out using another... As this is quite time consuming keeping on top of it and it shouldn't really have been this way! I did speak with her on Fri thonand she confirmed by phone and email that this is all she has received. On Tuesday however... I might find out something new (sigh).

A default notice was received, in 2011 how correctly it was executed could be up for debate. Is there criteria to measure this against?

[oscar]

Re: me vs arrow global/shoosmiths

A default notice was received, in 2011 how correctly it was executed could be up for debate. Is there criteria to measure this against?

There is, but there could be more than one fault - and there can be a few to look for. A glaring one would be, IS the default notice dated. AND what is the remedy notice for the default - ie WHEN does it say you need to make payment by.

[keeperlit]

Re: me vs arrow global/shoosmiths

No this is the first time its been up in court. From what I've been led to believe it will be a 2min options hearing type affair. I can't imagine that it will be a one time event as both sides are up for a fight!

[PlanB]

Re: me vs arrow global/shoosmiths

No this is the first time its been up in court. From what I've been led to believe it will be a 2min options hearing type affair.

Panic over

If this is a sort of "where-do-we-go-from-here" hearing then it's not as scary as you think. It may be simply a case of you convincing the court that you have something legal worth arguing so this case goes on to the next level.

[CleverClogs (RIP)]

Re: me vs arrow global/shoosmiths

When I received the summons I sent a CCA request to Shoosmiths requesting the original agreement. It arrived some 11 weeks later ( I just received a copy of this agreement this morning from my solicitor) and essentially it seems to be a copy of the application form that was filled out in an airport.

As it is not easily legible, it may be doubtful that Shoosmiths have complied with your CCA request. See Regulation 2 (link) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

If threy have not complied with your request, then section 78(6) - link - of the Consumer Credit Act 1974 applies and they may not enforce the debt through the Courts.

The agreement they have forwarded to me is only two pages long and with the exception of my personal details the vast majority of it is illegible. Also the front page with the signature on it has no details stating terms and conditions, APR, Credit limit that type of thing. Also I was under the impression that an agreement should contain details on how to end it / cancel it or as it was signed in an airport it should mention a cool off period...

The putative agreement is certainly odd and might not actually be an agreement under Scots Law as it seems not to bear a signature by or on behalf of the bank. Please see Regulation 6, paragraph 4 (link) of the Consumer Credit (Agreements) Regulations 1983.

However, the illegibility of the alleged agreement may offer the best hope.

Another curious feature is that, although you were paying mummy and/or daddy not one penny in rent, your gross household income seems to be zero.

[PlanB]

Re: me vs arrow global/shoosmiths

I've now read your threads on other forums and I can see that you've been advised to consider (albeit not directly compare) the case of HFO v Wegmuller. The Defendant (Wegmuller) is a member of our website so you can read more about that on here (I think you can access this link but let me know if you can't)

http://forums.all-about-debt.co.uk/s...l=1#post163625

[keeperlit]

Re: me vs arrow global/shoosmiths

Wow... OK a lot to take in...all good tho! And thanks so much for all this advice.

Planb I don't have a copy of my defence as I wrote thatbupnwith my solicitor and she lodged it for me. I did not receive a copy, but when I see her on Tues I will pick up all correspondence she has on this.

I am looking at my default letters now. I have a default notification and a letter stating that my account has been terminated. I will investigate these further.

The default notice is dated and regarding payment it states a figure but no time scale of when to pay it within

Sorry if I caused a mini panic with the Tuesday court date...perhaps I could have made that a little clearer. My bad.

[keeperlit]

Re: me vs arrow global/shoosmiths

CleverClogs I agree, although it is a matter of opinion I do not believe that this agreement is legible and is therefore not in compliance with the credit consumer act 1974.

Regarding the signature by the bank, it is my understanding that this should also be on the agreement and I have mentioned this and the aforementioned point in my arguments too.

Regarding my household income...that is an interesting point...my dad certainly would have had an income. Not sure what I could do with that but it is another oversight in this agreement.

[PlanB]

Re: me vs arrow global/shoosmiths

It's all fine.

I'm here if you feel able to trust me with documents and you have my email address.

Goodnight.

Plan B x

[keeperlit]

Re: me vs arrow global/shoosmiths

Thanks Planb I did read up a lot on the Wegmuller case, its been really useful for me so far. I'm trying not to make too many direct comparisons tho as I know this case will be treated individually on its own merits. That said...I will read whatever is thrown at me :-D lol

[oscar]

Re: me vs arrow global/shoosmiths

The default notice is dated and regarding payment it states a figure but no time scale of when to pay it within

They cant really default you if they have given you no time scale in which to pay/rectify the default.

[PlanB]

Re: me vs arrow global/shoosmiths

my dad certainly would have had an income. Not sure what I could do with that but it is another oversight in this agreement.

. . . or too many margaritas with that blonde totty at Belfast Airport in March 2001

[CleverClogs (RIP)]

Re: me vs arrow global/shoosmiths

I remember exactly why I was at the airport that day, I also remember why I filled in that form and what happened during and after. I was 21 yrs old and on my way to a job interview. A cute girl comes over and starts flirting with me asks me to fill in this application form whilst we were chatting. She never showed me the back of it and never even provided me with a copy of it afterwards.

But did you get to shag her?

[keeperlit]

Re: me vs arrow global/shoosmiths

lol...I might have got a free pen!

She quickly moved on to someone else's lap