alan35
-
Posts
47 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by alan35
-
I will be making a donation
-
I’m not to worried about the expenses just glad I got it dismissed which I could never have done without your excellent advice. Just keep my fingers crossed I never hear from them again. I don’t think I could ask for expenses again as when I said no he said case dismissed without expenses. It was just after I though I should have said yes as it would have cost arrow more money.
-
DX you are an absolute legend CASE DISMISSED due to them not producing the default notice. However the judge did say they could open another case if this was ever found. Stupidity he asked if I wanted to claim expenses and I said no. I wasnt sure if I would need to go back to court to do this how much could I have claimed? Also I assume it’s to late to reply for expenses? Here’s hoping the default notice is never found so they don’t open a new case
-
Thanks again I am feeling positive for tomorrow fingers crossed. Would be good if they didn’t even bother turning up
-
Thank you I will update tomorrow
-
No they have sent nothing else
-
I can’t get everything scanned all they have sent is the agreement which I have uploaded, lots of statements and then that notice letter which I have just uploaded. They haven’t sent anything else.
-
No they originally sent them in November but they never replied to restart the case until after the 6 months when the Sherriff gave them 14. Days or it would have been dismissed
-
I think it was November 2017 when I first received them
-
Should I just ask for the case to be dismissed on the grounds that no default notice was given? I assume a default notice has to actually state that’s what it is? Here is the notice? 2018-05-23 21-17.pdf
-
Looking through the documents sent to me they haven’t actually sent me a default notice. There is only a letter giving me notice that I had missed 2 payment but not actually any default notice. Hopefully this will give me something to argue about tomorrow.
-
I don’t have anyway of scanning that many files. I submitted the agreemtba few posts back. The statements are just normal statements and the assignment is from idem to arrow. I am thinking best way is try cut a deal with them at the CMD
-
They have supplied the statements, default notice and letter of assignment now though?
-
Here it is This was the next letter sent SO7 The Simple Procedure Order of the Sheriff Application to Pause This is an order of the sheriff in a case which you are a party in. You should read it and follow it. You should also read Part 8 of the Simple Procedure Rules, which is about orders of the sheriff. Sheriff Court: Date of order: Claimant: Respondent: Case reference number: Hamilton 1 September 2017 Arrow Global Limited, Belvedere 12 Booth The court has received an Incidental Orders Application. The sheriff has considered the Application and has given the following orders:– Pausing Order The sheriff orders the progress of this case to be paused. This means that all upcoming hearings in this case have been cancelled. No procedural steps may be taken in this case until the case has been restarted. Either party can ask for this to happen by sending an Application to Restart Form to the court and to the other party. Both parties should be aware that after six months, the sheriff clerk may write to you directing that a particular step should be taken. If this is not done, the claim may be dismissed. Signed by: Sheriff Bicket Sheriff of The Sheriffdom of South Strathclyde, Dumfries and Galloway at Hamilton This document has been electronically authenticated and requires no wet signature. The next letter FORM 8A The Simple Procedure Order of the Sheriff This is an order of the sheriff in a case which you are a party in. You should read it and follow it. You should also read Part 8 of the Simple Procedure Rules, which is about orders of the sheriff. Sheriff Court: Date of order: Claimant: Respondent: Case reference number: Hamilton 16 March 2018 Arrow Global Limited, Belvedere 12 Booth Street, Manchester, M2 4AW This case has now been paused for 6 months, The Sheriff intends to dismiss the action with no expenses being due to or by either party, unless one or both parties write to the court within 14 days and sends a copy to the other party asking for the case to be restarted and explaining why it should be restarted. Signed by: Sheriff Waldron Sheriff of The Sheriffdom of South Strathclyde, Dumfries and Galloway at Hamilton This document has been electronically authenticated and requires no wet signature. The application to restart was then sent 26.03.18 and the letter to invite me to CDM from Sherriff was dated 11.04.18 orders.pdf
-
Yes but when the case was put on hold they said if neither party responded within 6 months the Sheriff would decide what to do with the case. When the 6 months was nearly up the Sherriff sent a letter to say the case would be dismissed within 14 days unless either party responded with a restart notice. This is when shoos submitted the restart notice and then The Sheriff ordered a CMD
-
I got a letter back from the court saying it had been restarted and I had to attend the CMD this Thursday
-
Sorry what is not my problem? That they don’t have the letter of assignment from Newday to idem? What is the CMD letter?
-
The sheriff sent a notice saying it would be dismissed if neither party replied to restart the case. Shoos then applies to restart using the statements and agreement etc as evidence but with a letter of assignment from idem servicing to arrow. There is nothing to show the debt was originally assigned to idem from Newday? Do they need this?
-
So after nearly 6 months shoos have decided to send a restart notice and I have a case management discussion this week. I have since found out arrow global purchased the debt from idem servicing and not direct from Newday. Do they need to have the proof that it was sold to idem as technically how can they prove idem had the right to sell to arrow? What should I expect at the management discussion and what should I take with me? What should I admit or not admit to?
-
Ok I’ll leave it and see how it’s goes
-
Ok I never actually realised I changed your template letter I must have copied part from another source sorry. I’ll respond back to the sols about not providing all information and take it from there.
-
Sorry I’m confused what part did I change? Maybe I should have attended the case discussion and the judge would maybe have gave them a time limit to come up with the documents? What should I do for my next steps? Negotiate payment?
-
Here is the agreeemnt CCA return.pdf
-
Hi it will be difficult to scan as it all contains personal information i.e home address etc. it is the credit agreement signed by me and statements from the account. There is a couple of notice letters letting me know I was behind in payments but not an actual Default Notice and No letter of assignment I never got round to doing the SAR completely slipped my mind. I would maybe be best trying to cut a repayment plan with them I think?
-
Today I have received a letter from the sols with statements of the account and the signed credit agreement. They haven't included the assignment deed or default notices but I assume they would get these if they have come up with the rest. Where do I stand now? I assume they will reopen the case as they have the required evidence?
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS