me vs arrow global/shoosmiths

[PlanB]

Re: me vs arrow global/shoosmiths

I might have got a free pen! She quickly moved on to someone else's lap

Which appears to have cost you £7,500 in the long run

That's women for you (incidentally Plan B is a woman before you think I'm being sexist).

[keeperlit]

Re: me vs arrow global/shoosmiths

Oscar, I have just found an altogether more professional default notice from MBNA that does include a date, payment sum and timescale. Completely different to o e I had received a few months earlier. Looking at the date it would've been the latest copy. I'll check it out but it looks a lot more comprehensive than previous notices.

[PlanB]

Re: me vs arrow global/shoosmiths

I have just found an altogether more professional default notice from MBNA that does include a date, payment sum and timescale. Completely different to o e I had received a few months earlier. Looking at the date it would've been the latest copy. I'll check it out but it looks a lot more comprehensive than previous notices.

All that matters at this stage is the Default Notice that Shoosmiths (on behalf of Arrow) have provided to the court. The onus is on them to prove their claim.

What you've got in your files is your business at this stage. Full disclosure may come later. In the meantime don't do their job for them.

[oscar]

Re: me vs arrow global/shoosmiths

Oscar, I have just found an altogether more professional default notice from MBNA that does include a date, payment sum and timescale. Completely different to o e I had received a few months earlier. Looking at the date it would've been the latest copy. I'll check it out but it looks a lot more comprehensive than previous notices.

Does the payment timescale give more than 18 days? So assuming it as dated today, that would give a payment date of 27th. It would have to give a minimum of 18 days between the date of the notice and the date of payment (as they used second class post)

[keeperlit]

Re: me vs arrow global/shoosmiths

Yip, fair point...I didn't even ask for a copy of the default notice. I'll have to rectify that.

And yes, it gives 18 days on the button. Including the date of the letter

[PlanB]

Re: me vs arrow global/shoosmiths

This is a random question (curved balls are the best) but if this account was opened while you were living in Belfast with a English based lender (MBNA) then should this case be heard in a Scottish court apart from geographical convenience i.e. closest court to your home?

I'm not up to speed on jurisdiction issues but it's a question worth asking isn't it?

[keeperlit]

Re: me vs arrow global/shoosmiths

I'm not entirely sure, but I think they have to serve you at the address you are normally resident at which would be Scotland, and its the local sherifs office which serves you.

[PlanB]

Re: me vs arrow global/shoosmiths

I'm not entirely sure, but I think they have to serve you at the address you are normally resident at which would be Scotland, and its the local sherifs office which serves you.

Is Tuesday's hearing at the nearest court to your current home?

[keeperlit]

Re: me vs arrow global/shoosmiths

Well, no...I have to drive 130m then take a ferry and drive some more to get there...but I have moved very recently(still in Scotland tho). I'll look into getting it moved closer to me on Tuesday.

[PlanB]

Re: me vs arrow global/shoosmiths

I have to drive 130m then take a ferry and drive some more to get there...but I have moved very recently (still in Scotland tho). I'll look into getting it moved closer to me on Tuesday.

Definitely do that.

Plan B x

[MrsD]

Re: me vs arrow global/shoosmiths

morning keeper

what exactly has the solicitor done?

Have they returned the citation forms to the court?

have they added a defence and only a defence...............have they charged you £90 for submitting this?

It sounds a bit peculier, shoosmith's in Edinburgh are a new addition to the empire and they guy is throwing papers around like confetti, seems mostly to be what he considers to be easy meat.

Your solicior should have been talking to him to try to get this sisted as it doesn't appear to be a decent prospect for success.

Has this happened, you cannot go to the hearing on Tuesday and contradict your solicitor, so we need to be clear what has been said and done, waiting until Tuesday is not an option you need to know at 9.00am to-day. No point writing a defence and running around getting bits of paper if the solicitor has put in an entirely different plea.

[keeperlit]

Re: me vs arrow global/shoosmiths

T

Morning.

OK. After getting the writ in December I had until late Dec to return my plea. This I did stating that I wished to challenge. When I did this at the court house I explained to the girl behind the counter that I would be leaving for some Christmas holidays and would not be at my address for 2 weeks. She assured me that this would not be a problem as they would be closed for Christmas and nothing was likely to happen until mid Jan. On my return home following Christmas I found a letter telling me my defence must be submitted by 5pm that day giving me 2hrs. I didn't make this deadline but I was told I could submit them late - following a host of red tape and buerocacy I spoke with a solicitor to lodge my defence. I'm told that this was lodged successfully back in jan and although i havent seen it i belive it to be roughly thus
1 I required a true copy of the agreement which arrow global had failed to supply
2 I believed the debt to be statute barred
( the solicitor may have added in a few requests asking for proof they owned the debt)

Shortly after this was submitted shoosmiths got back in touch and asked for the case to be sisted in order to find and produce the evidence(I had requested my CCA on 3rd Dec). On legal advice I agreed to this. That was the last I heard from my solicitor. Two weeks ago I emailed them asking for a status update...no reply. I called, I emailed again, I chased and chased them. Finally, on Friday they got in touch to say that an agreement had been produced and that I was up in court on Tuesday! I was shocked by this breaking news and asked for a full update..what has been produced and when. They sent me a copy of the agreement I posted here and said that unless I claimed my signature was forged I should not take this any further. Casting my untrained eye over this document for a matter of minutes I disagreed, and replied this document was illegible and seems to be missing several key items. More importantly the document containing my signature had no TCs on it and I failed to make the connection to the second page.

Following this email and a telephone call from myself confirming my wish to fight, they lodged some arguments with the court on Friday which is the first 4 paragraphs of my arguments post on the 1st page of this post. They appear to be out of their depth with this one and no better eqquiped than me to defend it.

Subsequently I am now dealing with this myself. I am told that this is all they have from shoosmiths. I also find it really really difficult to get any response from them despite several direct requests via email. I'm too far away at the moment to just call into their office and kick up a fuss. They did send me a bill last week which I have not paid as yet and it contains a fee for lodging a motion for late defence.

[PlanB]

Re: me vs arrow global/shoosmiths

Are you going alone to the hearing i.e. without representation?

It seems the solicitor you instructed was not au fait with the Consumer Credit Act. They saw a contract and probably thought "that'll do".

Proving unenforceability is this website's party trick.

Do as much homework on here as you can before tomorrow starting here >

http://forums.all-about-debt.co.uk/s...ll=1#post10797

In the very least your solicitor should tell you what to expect at tomorrow's hearing then sack them afterwards if that feels right to you.

[keeperlit]

Re: me vs arrow global/shoosmiths

Rubbish.... In another twist of fate I shall not be attending court tomorrow. due to rough weather all ferry services have been canceled. Leaving me no possibility of being able to attend court tomorrow morning in person. I will have to speak with the solicitor and see if they can step in in my place.

[PlanB]

Re: me vs arrow global/shoosmiths

I shall not be attending court tomorrow. due to rough weather all ferry services have been canceled. Leaving me no possibility of being able to attend court tomorrow morning in person. I will have to speak with the solicitor and see if they can step in in my place.

Would the court tolerate re-listing the hearing due to your travel problems since it's not your local court? This could be an opportunity to get the case transferred too.

Unless it's just a 10 minute procedural hearing where your solicitor can do you no damage in your absence.