Arrow Global Smal Claim Summons - Please help * Scotland*

[ch3zz13]

Hello

 

I arrived at my mums on Friday to find her very shaken as she had had Sheriff Officers at the door with a Small Claim Summons from Arrow Global which I believe is for a debt 02 going back a few years. She said the were very rude and she explained I didnt live there yet they presented her with the summons anyway. The amount is for £522.78 and it states I reside at the property even though I have not lived there in a year or more and my name is on the electoral roll at my own seperate property.

 

The 02 debt was the end of a contract which I explained to them I couldnt afford and they agreed to reduce it to the minimum monthly amount which they then failed to do and charged the full amount. I couldnt pay this and now they have obviously sold the debt on, added a bit and suddenly taken me to court. I have had no letters about this debt to my mums house so this is the first I've heard of it at this address. The statement of claim staes that I have lived at this address for more than three months and that I am domiciled there.

 

So where do I go from here? I am on a low income as I have kids and a part time job. The thought of going to court terrifies me.

 

Thank you in advance for any advice

[AndyOrch]

Hi I have altered your thread title so posters will be aware you are in Scotland. I will also alert the Site Team who know Scottish Law.

 

Here is a link to Procedure to check if your service is correct :- http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/small-claim-rules

 

Thread moved to Scottish Forum

 

Regards

 

Andy

[maroondevo52]

Hi,

 

It sounds like you are not disputing this debt, also you say the debts from a few years ago, exactly how many. Regarding going to court this may not be nessesary, you can apply for a Time to pay order which if accepted would all be done without the need to go to court.

 

What is the Return Date on the summons and who are the Sheriff Officers.

[AndyOrch]

IN SCOTLAND a Request for copy documents if referred to within their Particulars.

 

In the XXXX Sheriff Court Claimant -v- (YOUR NAME) Claim Number: (CLAIM NUMBER)

 

Dear XXX

 

REQUEST FOR INFORMATION CPR 31.14

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below.

I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

 

I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties.

Yours sincerely,

XXXX (type, don't sign).

[LostAtSea]

If its a phone contract then you need to ask for a copy of the service contract, not credit agreement.