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  • MBNA / Arrow Global LLC

    Hello,
    I have a question to ask …. But first I want to thank the people on this site for helping me over the years.

    I have been on AAD since 2011 and although I have not started many threads I have watched other member’s threads and learnt a lot. With the help of this terrific site (and another site in the early days ….. some of you may remember me from there as I kept the same name!!) I have managed to fight off all the creditors and debt collection agencies who have harassed and threatened me over the last ten years.

    Briefly in 2006 I experienced low sales (self employed) and hence could not make the monthly payments on approx 13 credit cards / bank accounts. I was in a real mess.

    Spoke to CCCS (I believe they are now called StepChange) and set up a debt management plan.
    However I then found out about CCA requests and sent one to all my creditors. I did not receive one correct reply!!!!

    I instructed CCCS to stop paying certain creditors and finally in 2010 CCCS stopped my DMP completely as I was not earning anywhere near enough money to continue paying it.

    Since then I obviously received sack loads of harassing and threatening letters to my door. They were of course full of the most amazing threats and lies that the creditors and debt collection agencies could think up!

    All the accounts are now statute barred (They became SB from September 2013 to February 2016).

    Thank you very very much for all your help over the years even though I did not have threads running myself I followed many threads on here every day to gain knowledge and that helped me to send the correct letters and write the correct things to these companies who prey on people in debt.

    I am sure I am not the only person who has followed this site and gained knowledge silently at a time when ones confidence is very low. Thank you.

    And now my question:-
    I have received a letter from Capquest inviting me to send them money on a MBNA credit card account which MBNA assigned to Arrow Global LLC in July 2007.
    Over the years Arrow Global LLC have handed this account to nine different debt collection agencies but with AAD help I have seen off every one of them.
    They have obviously now decided to let Capquest have a go.
    Default Notice was received in 2007.
    Last payment was made via CCCS debt management plan in 2008.

    This is the first communication I have received on a statute barred account and online there seems to be a difference of opinion regarding sending the DCA a “statute barred” letter or a “you have been assigned an account in dispute” letter which then leaves the statute barred scenario in reserve for a later date if needed.

    Which is best? Or any other ideas will of course be greatly appreciated.

    Thank you
    Onwards and Upwards

    Chalkitup

  • #2
    Re: MBNA / Arrow Global LLC

    Originally posted by Chalkitup View Post
    I have received a letter from Capquest inviting me to send them money on a MBNA credit card account which MBNA assigned to Arrow Global LLC in July 2007.
    Over the years Arrow Global LLC have handed this account to nine different debt collection agencies but with AAD help I have seen off every one of them.
    They have obviously now decided to let Capquest have a go.
    Default Notice was received in 2007.
    Last payment was made via CCCS debt management plan in 2008.

    This is the first communication I have received on a statute barred account and online there seems to be a difference of opinion regarding sending the DCA a “statute barred” letter or a “you have been assigned an account in dispute” letter which then leaves the statute barred scenario in reserve for a later date if needed.

    Which is best? Or any other ideas will of course be greatly appreciated.

    Thank you
    There are many cases where people think their debts are statute barred when they really aren't. Confusion surrounding the cause of action means a lot of people rush to say their debt is SBd when it still has a few months left to run. In those cases, telling a DCA that the debt is SBd can be counter productive if they decide to issue a claim in an attempt to beat the clock, and it turns out it wasn't yet SBd, hence the idea of buying time by sending other letters.

    When you are in no doubt that the debt is SBd, there is no reason to beat around the bush and not send the SBd letter right away. In your case, if your dates are correct, there is no need to buy time as your debt will have been SBd over a year ago and the DN was issued in 2007 so there could be no argument on those basis. I'd just send the SBd letter.

    Comment


    • #3
      Re: MBNA / Arrow Global LLC

      Capquest trying it on again! like a few others it seems, no wonder the country is in a mess and has been for decades with business methods which even Judge Jeffries would not touch - says it all!
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment


      • #4
        Re: MBNA / Arrow Global LLC

        Only thing I would add is just double check payment dates and make sure it's deffo SB as unlike other forums (where the advice is to send a SB letter when it's 1 minute past midnight of the 6 year anniversary of last payment) we do things different here and only recommend SB when there can be no uncertainty. But even then it's not to say they will try it on with the old phantom payment trick - but easily dealt with.

        When there can be no argument over the SB status of a debt, some dca's will still try it on and rely on the debtors ignorance of the law. They should desist from further contact once notified that the debt is SB and no payments will be forthcoming. The dregs of the murky dca world rely on debtors not knowing about SB and may try their luck with a claim as it's for the defendant to raise SB in their defence.

        Comment


        • #5
          Re: MBNA / Arrow Global LLC

          As panther12 says please check your date of last payment on this debt. I had one client recently who hadn't been aware that a debt management company had been making £1 a month payments to the creditor for an 18 month period.
          Legal Disclaimer
          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

          Comment


          • #6
            Re: MBNA / Arrow Global LLC

            Thank you very much for all your replies.

            I have double checked the dates and I did receive the Default Notice in 2007 and the last payment on this account was definitely made via CCCS debt management plan in early 2008.

            Hence in the next few days I will send off the statute barred letter to Capquest.

            Incidentally I forgot to mention that Capquest put the wrong house number on their letter to me. Luckily the occupants from the house it went to know me quite well and delivered it to me by hand.
            Onwards and Upwards

            Chalkitup

            Comment


            • #7
              Re: MBNA / Arrow Global LLC

              Just want to double check something before I send Statute Barred letter to Capquest ....

              The template Staute Barred letter includes the following ....

              "I would also point out that the Financial Conduct Authority Consumer Credit Sourcebook (CONC) guidelines say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time.
              Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed."

              Over the last six years different DCA's and Arrow Global have contacted me by letter but I have replied only twice, in 07/2010 and 02/2011, they were both "sold in dispute" type letters and those two DCA's both returned account to Arrow Global.

              Obviously the dates of receiving the Default Notice in 2007 and my last payment on this account in early 2008 still stand so am I still ok to send Statute Barred letter?
              Onwards and Upwards

              Chalkitup

              Comment


              • #8
                Re: MBNA / Arrow Global LLC

                Yes as you sent our templates which DO NOT acknowledge anything so send it, it's fine.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: MBNA / Arrow Global LLC

                  Thank you very much for reply
                  Onwards and Upwards

                  Chalkitup

                  Comment


                  • #10
                    Re: MBNA / Arrow Global LLC

                    Another letter given to me today by neighbour .......... Capquest have used wrong house number again ..............I think they might realise they have no chance of getting any money from me ......... they write that they will accept 10% of the figure they say I owe as a settlement!

                    Had a long think about it .... (nearly two seconds) ..... and decided to decline their kind offer and still send the Statute Barred letter to them on Monday.
                    Onwards and Upwards

                    Chalkitup

                    Comment


                    • #11
                      Re: MBNA / Arrow Global LLC

                      I would be fuming if a DCA sent personal debt info to my neighbours and would cause some stink over this as they have breached DPA rules. If the previous DCA's had your correct house number then there is no excuse for their behaviour and I think you should be entitled to some compo for the distress and embarrassment they have caused by allowing your personal info and debt problems to be known to your neighbours.

                      If it was me I would hold off for the time being from sending the SB letter but instead lodge a formal complaint regarding their DPA breach (don't go into any specifics relating to the debt itself) but that their actions and breach of DPA has caused much distress and embarrassment and ask them how they intend to resolve this in anticipation of the matter being escalated to the ombudsman for investigation. If you search the FOS site there are a few case summary publications where they have ordered compo to be paid for the distress and embarrassment of sending personal info to the wrong address.

                      Comment


                      • #12
                        Re: MBNA / Arrow Global LLC

                        Hello panther12,

                        Thank you for your reply.

                        The previous DCA's did have my correct house number and there were no problems re letters going elsewhere.

                        I must admit I am very annoyed about them sending letters to the wrong address and I have also been thinking about starting a complaint with them regarding that point. But having got over the Statute Barred line I am not clued up enough as the whether starting a complaint will go against me and drop myself in it re acknowledging anything. I suppose not if the six years are already up from last payment / default notice. Is it a case of once Statute Barred then that stands for ever?

                        I could always add something about complaint re wrong address to the template Statute Barred letter but as Niddy always advises we should not play around too much with the wording of the template letters.

                        As yet I have not sent the Statute Barred letter. But I must send them something soon and I am undecided. Compensation is a nice idea but it will never give the same feeling that I have these days re being debt free after years of worry.
                        Onwards and Upwards

                        Chalkitup

                        Comment


                        • #13
                          Re: MBNA / Arrow Global LLC

                          Once SB it will always be SB regardless. Any acknowledgment or payments made after stat barred are entirely your choice as it can't be enforced by the courts. Thinking about it, as long as it is SB I don't see any problem raising that within your complaint of addressing your personal and private business to your neighbour. It'll probably put final closure to this. Address it as a formal complaint and that you will be seeking to escalate their serious DPA breach to the relevant statutory bodies if the matter is not resolved. What is the rough balance that they are claiming?

                          Comment


                          • #14
                            Re: MBNA / Arrow Global LLC

                            Originally posted by panther12 View Post
                            Once SB it will always be SB regardless. Any acknowledgment or payments made after stat barred are entirely your choice as it can't be enforced by the courts. Thinking about it, as long as it is SB I don't see any problem raising that within your complaint of addressing your personal and private business to your neighbour. It'll probably put final closure to this. Address it as a formal complaint and that you will be seeking to escalate their serious DPA breach to the relevant statutory bodies if the matter is not resolved. What is the rough balance that they are claiming?
                            Thank you for the information. They are saying I owe £14,500 approx.
                            Onwards and Upwards

                            Chalkitup

                            Comment


                            • #15
                              Re: MBNA / Arrow Global LLC

                              That's a hefty amount. Did they issue you a termination notice following the DN before you went on the dmp? With the amounts involved I'm just trying to thwart off any stupidity on their part by them trying to claim that the account was never terminated and the DMP kept the cause of action date running. Although even if they tried that, if last payment via DMP was in 2008 it would be SB now anyway.

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