me vs arrow global/shoosmiths

[keeperlit]

Re: me vs arrow global/shoosmiths

I'm not sure what that would entail but I can certainly ask the question. I'll let you know what happens with that. Thanks!

[PlanB]

Re: me vs arrow global/shoosmiths

I'm not sure what that would entail but I can certainly ask the question.

Ask the court the question as well as asking the solicitor.

If the hearing does go ahead you should give your solicitor clear instructions (in writing/email) that you intend to fight this case if that's what you want to do. Solicitors must do what you tell them to do, or they can quit if they think your intentions are wrong, unethical or criminal etc.

[PlanB]

Re: me vs arrow global/shoosmiths

Last payment I made to the account was in late 2010

Are you sure about that? Have you got statements?

You say your solicitor has pleaded statute barred in your Defence. For that to be the case your last payment would need to have been before December 2009 (your claim was issued in December 2014).

Did the Pursuer deny it was SB in their Reply to your Defence and provide evidence to support their denial?

[CleverClogs (RIP)]

Re: me vs arrow global/shoosmiths

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".

Except that, at Scots Law, it's not even a contract. It does not bear the signature of anyone acting on behalf of the body corporate with whom the agreement was made.

[CleverClogs (RIP)]

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. .

With gales of up to 80mph lashing Scotland, it would be remarkable if any ferries were still sailing.

[CleverClogs (RIP)]

Re: me vs arrow global/shoosmiths

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

Unless the solicitor admits the debt is due and that the agreement is enforceable.

I'm sure the solicitor may be competent to draw up a will or to carry out the conveyance on a house.

[keeperlit]

Re: me vs arrow global/shoosmiths

Are you sure about that? Have you got statements?

You say your solicitor has pleaded statute barred in your Defence. For that to be the case your last payment would need to have been before December 2009 (your claim was issued in December 2014).

Did the Pursuer deny it was SB in their Reply to your Defence and provide evidence to support their denial?

Yes I have checked my statements and that is where the date came from. When I first received the writ I was quite sure it was SB so I put this in my defence, I have since found statements saying different. To my knowledge they have not responded to this or produced any evidence so I am continuing with it but not relying on it.

[keeperlit]

Re: me vs arrow global/shoosmiths

Not much joy so far...
I rang the court house but they can't do much for me I'm afraid. They said they would just make a note to the clerk explaining my non attendance. The solicitor I was using is in court today so I am waiting to hear back from them regarding stepping in for me.

The only other option I have is to ring shoosmiths and ask them to move the date. Any thoughts on that?

[Pixie]

Re: me vs arrow global/shoosmiths

I wouldn't be speaking on the phone to shoosmiths (they could try and trip you up on the phone) and I doubt they would change the date or even if they would be able to.

It may be an idea to email them explaining why you won't be able to attend tomorrow though it shouldn't matter as you've informed the court.

[CleverClogs (RIP)]

Re: me vs arrow global/shoosmiths

I wouldn't be speaking on the phone to shoosmiths (they could try and trip you up on the phone) and I doubt they would change the date or even if they would be able to.

It may be an idea to email them explaining why you won't be able to attend tomorrow though it shouldn't matter as you've informed the court.

Email the court and request a read receipt for the email.

[PlanB]

Re: me vs arrow global/shoosmiths

I rang the court house but they can't do much for me I'm afraid. They said they would just make a note to the clerk explaining my non attendance. The solicitor I was using is in court today so I am waiting to hear back from them regarding stepping in for me.

The only other option I have is to ring shoosmiths and ask them to move the date.

Your solicitor should be out of court after 4 pm (if they're the same as English court times). They've got mobiles.

What time is the hearing listed for tomorrow? There may still be time for her to contact the court on your behalf even if they're not going to the hearing on your behalf.

Your solicitor may be able to ring Shoosmiths to arrange a mutual adjournment if that's allowed in Scottish law. They won't get tricked by another solicitor in the way that you may be vulnerable to.

I think the best thing to do is tell your solicitor that you firmly intend to continue with the Defence whether they want to or not. Tell them you've sought advice from a CCA specialist and you're confident that you will win.

What you want to avoid is your solicitor telling the court that you Defence has no legal merit so it gets struck out at tomorrow's hearing.

I agree with Pixie, do not ring Shoosmiths. They are the enemy right now.

[keeperlit]

Re: me vs arrow global/shoosmiths

Email the court and request a read receipt for the email.

I emailed the court this morning after my call to outline my non attendance.

I'll not call shoosmiths then and just fire off an email now explaining my circumstances and also inform them I've changed address.

I had kinda penciled in 1630 as a deadline for hearing from the solicitor. I'll now call up shortly after 4 though. Court starts at 1130 tomorrow morning, depends when the case is called though I guess

[PlanB]

Re: me vs arrow global/shoosmiths

Wouldn't it be nice if courts used Skype plus a webcam for non essential hearings, then the stormy weather in Scotland would not be an issue.

Perhaps the solicitor from Shoosmiths will get struck down by lightening on his way to court in the morning which would solve the problem in more ways than one

Plan B x

[keeperlit]

Re: me vs arrow global/shoosmiths

OK, result - kind of. I have just spoken with the solicitor I used to lodge the defence and they have agreed to cover me tomorrow if I can get the case called at 1400. Having called the clerk they have agreed to do so.

So now I just need to email the solicitor my instructions and make it clear that I dispute all claims from shoosmiths/arrow and I intend to fight these claims.

[CleverClogs (RIP)]

Re: me vs arrow global/shoosmiths

Perhaps the solicitor from Shoosmiths will get struck down by lightening on his way to court

And just float off, like a balloon?

Or did you mean lightning?