Writ from yuill and Kyle / arrow global

[dougie61]

Today received a recorded delivery writ from arrow global who have bought my debt from MBNA. Not in position to pay it or other debts accrued. Writ says I have 21 days to defend or to pay. Not sure what to do so any advice would be helpful. Arrow Global have probably bought this for buttons and MBNA have never been forceful , even offered 50% discount but wasn't in position to pay that either.

Anyone any advice please?

[maroondevo52]

Hello and Welcome,

 

Can you give us the history of this debt regarding payments made ect.

 

Thanks,

 

Scott.

[dougie61]

Hello and Welcome,

 

Can you give us the history of this debt regarding payments made ect.

 

Thanks,

 

Scott.

 

It was an online virgin card, took out in 2008. Owe £7500 . Stopped paying in 2011. Paid token payment of £1 a month. They offered to settle for 50% discount which I couldn't do. Now sold onto arrow global who have never offered a discount and have now sent this writ from yuill and Kyle.

 

Have got copy of credit car agreement but no signature because it was online agreement with tick box.

[renegadeimp]

Arrow upo to their old tricks again. Youve had a 50% discount so the debt is a lemon debt. They know this but are trying to get a judgement before you find out how the debt is bad.

[maroondevo52]

Hi,

 

I take it this is an Ordinary Cause claim which can be used in the sheriff court where the value of the claim is over £5000.

 

I'm not too clued up on Ordinary Clause claims or the procedure, I'll ask someone else to have a look at this thread, have a look at this 'link' should give you some idea of what to expect.............

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?254727-Help-Defending-CC-court-case

[dougie61]

Arrow upo to their old tricks again. Youve had a 50% discount so the debt is a lemon debt. They know this but are trying to get a judgement before you find out how the debt is bad.

 

What do you mean by a lemon debt? What is my next step as I've only got until 2nd August to defend.

[renegadeimp]

Lemon debt means there is something substantially wrong with it. The fact that they gave you a huge 50% discount is enough to sound alarm bells. Arrow Global are VERY well known for doing this.

[IdaInFife]

Online agreements are quite tight.

 

Is there any charges or PPi that can be reclaimed on it?

[dougie61]

Online agreements are quite tight.

 

Is there any charges or PPi that can be reclaimed on it?

 

Thanks all for your advice but still none the wiser what to do in a small time scale. Do I phone them? Do I ignore them?

[maroondevo52]

Hi dougie

 

Sorry I can't help much but here are the rules relating to Ordinary Cause actions, don't think ignoring the writ will do much good as a Decree will be granted.

 

http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/ordinary-cause-rules

 

I'll have a look around, see if I can get some more help with this.

 

Have you tried your local CAB office.

[IdaInFife]

you will need to decide to if you have any reason to defend the action. Hence the questions I have asked.

 

If you do not wish to defend then you will admit the claim and apply for time to pay.

[dougie61]

Thanks for all your help. Does anyone know anything about scottish trust deeds?

[maroondevo52]

Thanks for all your help. Does anyone know anything about scottish trust deeds?

 

 

Tenants, homeowners, and Scottish residents living with their parents qualify for a Trust Deed. They should be at least £10,000 in debt, this debt should come from at least two sources, and they should have surplus income

 

Trust Deeds require you to pay a fee every month for 36 months to an Insolvency Practitioner for day-to-day administration, which can up add up to a lot of money over its full term.

 

A trust deed represents a contract under which you agree to repay debts at a reduced level. You are responsible for paying the agreed-upon amount on a monthly basis. If you do not, creditors can take legal action and creditors or the trustee can make you bankrupt.

 

You may not take any additional credit and if you receive a windfall that exceeds £200, you must advise the trustee. Cooperation with the trustee is required throughout the process.

 

If you own a home jointly or fully, you must transfer ownership rights to the trustee. The property could be used to cover trustee charges or repay the covered debts. With a protected Trust Deed in place, you may not pursue a Debt Arrangement Scheme or apply for bankruptcy. However, if your Trust Deed fails, you may also be prevented from entering a Debt Arrangement Scheme.

 

Trust Deeds do not cover all debts, these debts may not be included........

 

Student loans, secured loans, mortgage, ailment obligation,fines, penalties, forfeiture orders, and penalties imposed by a court and benefit overpayments.

 

 

The main drawbacks of a Trust Deed..........

 

Only an Insolvency Practitioner can arrange it, your credit rating will be negatively affected, you may not be able to hold office or may have difficulty in gaining employment,

Interest and charges are not frozen during setup, your Trust Deed proposals could be rejected, if you own your home you could lose it, failure to adhere to terms can result in bank accounts being frozen and bankruptcy, they can take up to six weeks to establish.

[dougie61]

Don't like sound of that. Back to drawing board. Thanks anyway

[maroondevo52]

Dougie, have you done anything about this.