Hi - I've just been informed by the in court advisor that the statute barred defence is not a reasonable defence as the date stamp on the writ is November 2020. It is not from the date in which the Sheriff Officer delivered the writ which was in May 2021. It is possible that we can argue that no payment was made from mid 2015 which would give the 5 years + defence. i'm however, struggling to recall when the last payment was made but I expect it was pre November 2015.

Hamilton sheriff court issued summons. I'll give the court a call in the morning. Thanks for all the help, it may seem like an open and shut case but the formalities and terms take a bit of getting used to when you don't know legal speak.

Thanks dx, So take out the sb defence info at point 3? And put it in Pleas section? Anything else I can add in point 3 instead? Take out the other 2 pleas I've typed up? And add the one you included? Feel happier that I may now have the correct format. Is it the court of session in Edinburgh or Hamilton sheriff court. I can get to Hamilton but not Edinburgh. I already paid the fee in June via telephone.

Where is the defence form you refer to? Or is it just to be drafted on plain paper? I've read everything you have sent and must admit it's confusing as heck. Is there a form or just a format? If so I believe I'm addressing this below. Some defences I have read seem to state that the format must be to accept or deny each condescendence etc...so I have done the following, whilst still maintaining the detail you have provided. Can you please take a look and advise accordingly? Am I on the right track now? Arrow Global Limited, a company incorporated under the Companies Acts and having its registered office at Belvedere, 12 Booth Street, Manchester, M2 4AW PURSUERS against DEFENDER DEFENCE 1. Denied The Claimant's claim was served on 12th May 2021 at the defendants current address of XXXXXXXXXX. The address in the condescendence is incorrect as the defendant has not resided at the property for over 6 years. (should I leave this in as it is factually incorrect in the writ) 2. Denied The Defendant has never received said assignation by way of written notice from the pursuer. 3. Not known and not admitted that 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 XXXXXXXXXXXX..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 anotice of default on the defender requiring the defender to remedy the breach within 14 days which failing the agreement would be terminated. 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. 4. Denied The Claimant's claim to be entitled to payment of £XXXX or any other sum, or relief of any kind is denied. 5. I wish the return of my £132 Form 07 Fee from the Pursuer. PLEAS IN LAW 1.The Defender craves that the court uses its powers under the Consumer Credit Act 1974 and declare the documentation supplied by the Pursuers as unenforceable. 2.The Defender denies any sums due under any signed agreement and said decree should not be granted as craved but dismissed.

OK, Questions please - the initial writ states Arrow Global against myself (but the residing address is incorrect) should I use the address as it is on the doc or my current address? Also, 1 of the condescendences also states incorrect address and that I have been so resident for more than 3 months immediately preceding the raising of the action - should this be addressed? Particularly as the time to pay direction /time order applications show my correct address. There are 5 condescendences - should each of these be addressed? My SB defence has only 4 points but guidance suggests each condescendence should be validated. Do I include these in my defence document? Do I include any other enclosures with my defence document? Do I send to the General Department of OCoS or to the Civil Dept of Sheriff Court (which is where I sent my original) I also acknowledge that I must send a copy of the defence to the solicitor (which I did also do and they claim not to have received) Thanks

the thread is locked

Hi, I've just had my hearing... Options hearing set for 24th November I have 7 days to lodge my defences to both parties as neither received these Please can you assist with format of defence as what I submitted clearly is not acceptable. I submitted as a letter. I have searched for documentation on the forum but not available. I also need to include my pleas but do not know what this should be? I understand that I am responding to the condescendence of the writ. I do also notice that the address listed in 1. of the condescendence is incorrect. It states that i have been so resident for more than three months immediately preceding the raising of the action. However, elsewhere in the writ, my current address is included. Is it worth worrying about? I'm at my wits end and do not want to mess it up again. Thanks

I have just received an email from Shoosmiths requesting the following... Dear Sirs, We refer to the above matter in which we act for the Pursuer. Further to the interlocutor dated 27 August 2021, our proposal for further procedure would be to fix a fresh 8 week adjustment period and a fresh Options Hearing, there being no current timetable in place. As the Defender has lodged Defences but due to an administrative oversight the Pursuer was not made aware of these, the Pursuer will require time to review the Defences and adjust their pleadings in response. An Options Hearing will also require to take place. As such, it is appropriate that the further procedure be as proposed above. We would be obliged if you could therefore confirm that the Procedural Hearing fixed for 15 September 2021 can be dealt with administratively without the requirement for it to call. In the event that the case is required to call, we will provide appearance details as soon as possible. For the purposes of intimation, the Defender has been copied into this email. Please note that we have not yet received a copy of the Defender’s Defences that she indicates she lodged at court on 31st May 2021, and would be obliged if a copy of same could be forwarded to us. I am self employed and have had to take Wednesday off for the hearing, not to mention I have my grandma's funeral to attend on Tuesday. I don't really understand what they are requesting but it seems a longer process with more time and expense.. They claim they have never received my defence.

Thanks, just nervous. A bit concerned it won't go in my favour.

Assuming you mean Shoosmiths? Yes they have exactly what I sent to the court

Hi, I've been reading some of the other cases prior to my procedural hearing on 15th September. I have never engaged with Shoosmiths (other than lodging my NID and. Defence) to find out what correspondence they are likely to claim they have sent over the however many years since they acquired the debt. All I know is I have never received or recall receiving any correspondence from them prior to the writ being served, albeit I have changed address (all of which are on my credit file) Is there anything else which I should/could be doing to aid my defence? Thanks

15th September

Hi Today I received an email stating that further to my email, the sheriff has recalled the order of decree as having been granted erroneously. I have a new hearing date via webinar. I have been invited to provide a brief paragraph explaining my proposal for further procedure prior to the hearing. Should this be similar to my defence submission? TIA

OK, I've sent an email with copies of my correspondence to both solicitor and court. Should I seek legal representation at this point? Or can I come back here for guidance on how to repone?

OK, so do I do as the court asked and send an email detailing what happened or something more specific?

I have called this morning and have been advised of the following 6th July 2021 a decree was granted for the pursuer to be awarded the sum sought. So I should now expect to be hearing from the solicitors. On further investigation by me with the civil dept, it would appear that a hearing did in fact take place and a motion was awarded because I didn't turn up on 6th July. Shoosmiths sent the intimation to my previous address ie address from 6 years ago. It has been suggested that I send the court an email detailing my comms and the scenario to see if it can be reconsidered. They also suggest I contact Shoosmiths to provide my address etc (which will already have been provided on my correspondence to them when I sent my defence and NID) Suggestions welcome.. TIA

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

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.

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.

No nothing, I'm hopeful

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.

Yes I submitted the defence as advised. Sheriff court have confirmed they have this.

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?

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

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