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  • rod
    replied
    Re: drydensfairfax solicitor

    Originally posted by Undercover Elsa View Post
    You never know with Arrow Global. Some go completely dead after a CCA Request or a challenge (touch wood), so just keep you head down and see what (if anything) they send next.

    Ok thanks

    Leave a comment:


  • rod
    replied
    Re: drydensfairfax solicitor

    Originally posted by IF View Post
    Removed name and ref no
    Thanks

    Leave a comment:


  • Undercover Elsa
    replied
    Re: drydensfairfax solicitor

    You never know with Arrow Global. Some go completely dead after a CCA Request or a challenge (touch wood), so just keep you head down and see what (if anything) they send next.

    Leave a comment:


  • IF
    replied
    Re: drydensfairfax solicitor

    Removed name and ref no

    Leave a comment:


  • rod
    replied
    Re: drydensfairfax solicitor

    I sent drydensfairfax solicitor a letter(see below) on 29/9/14 and I received a reply on the 10/10/14 stating that the a/c is now closed with them and I should forward any correspondence to Arrow Global. do you think this will be the end of it?

    Account No/Reference No: XXXXXXXXXXX
    I have sent you a CCA request letter on 3/1/14 with £1 postal order enclosed. I have attached your Letter dated 7/1/14 confirming your acknowledgment of receiving my letter.


    Yours faithfully,
    Mr rod
    Last edited by IF; 31 October 2014, 15:47. Reason: Removed name and ref no.

    Leave a comment:


  • Deepie
    replied
    Re: drydensfairfax solicitor

    Originally posted by rod View Post
    Thanks

    where can I access a template

    Leave a comment:


  • rod
    replied
    Re: drydensfairfax solicitor

    Originally posted by ScabHunter View Post
    Sorry, I should realise not everyone knows the jargon that we use every day. A SAR is a Subject Access Request. It should get you the copy statements that will demonstrate exactly when the last payment was made.

    SH
    Thanks

    where can I access a template

    Leave a comment:


  • oscar
    replied
    Re: drydensfairfax solicitor

    Be warned that the above complaint may still not stop action being taken.

    Drydens took me to court (on behalf of Arrow) despite there being an outstanding Section 77/78 request of which Drydens were well aware of.

    Drydens were forced to discontinue in my case as they were unable to provide documentation, however I still had to incur costs in defending due to the amount of the claim involved.

    Your above posts suggest this account is Statute Barred, therefore that could be used as a complete defence.

    I would do as Tech Clerk suggests rather than go down the "complaint letter" avenue, which could cause more issues as it forces an investigation to take place.

    Leave a comment:


  • ScabHunter
    replied
    Re: drydensfairfax solicitor

    Originally posted by rod View Post
    Thanks for this.

    When you say send a SAR what do you mean?
    Sorry, I should realise not everyone knows the jargon that we use every day. A SAR is a Subject Access Request. It should get you the copy statements that will demonstrate exactly when the last payment was made.

    SH

    Leave a comment:


  • rod
    replied
    Re: drydensfairfax solicitor

    Originally posted by ScabHunter View Post
    It seems as though this one has been firing off in all directions without any coherent plan of action. If there is an outstanding CCA request from January, then a further one should never have been sent.

    So, you don't know the exact date of the last payment or written acknowledgement? I suppose not, given that you don't even know for sure what on Earth this relates to.

    For once I disagree with Niddy – I think a “prove it” letter was appropriate in this case, as the alleged creditor has provided no account information to substantiate the existence of any alleged debt, and the recipient of these letters cannot even ascertain as to what they refer.

    Here is what I would send -

    FORMAL COMPLAINT

    Dear Sir,

    I am in receipt of your letter dated xx/xx/2014, which I deem to be highly inappropriate, and a total misrepresentation of the ongoing situation.

    Please note the following -

    On xx/xx/2014 (2013?) I received a communication from your office demanding payment of the sum of £6,924, which you alleged was owed to Arrow Global Guernsey Limited. Despite this, you failed to provide any substantiation of the existence of the alleged debt, its purported origins, or its future assignment to the present alleged creditor. When asked, in a communication of [date of the prove it letter], to provide this necessary substantiation, you were once again unable to do so.

    Notwithstanding the above consideration, on 3rd January 2014, I forwarded a request for information pursuant to section 78 of the Consumer Credit Act 1974. This request remains in default, and as a consequence any alleged debt to which your initial communication refers remains unenforceable at law until this default is remedied. You stated, in a communication of xx January 2014, that you would place the alleged “account” on hold until you had referred back to the alleged creditor for supporting information. Despite this contention, you have continued to send inappropriate and threatening correspondence which is entirely out of context with the prevailing situation, and you have failed to provide any update relating to your purported interaction with the alleged “account holder.”

    Unless you are able to substantiate the existence of the alleged debt with supporting evidence, such as the name of the original creditor, the date of account inception, the number of the account, the date of termination, and the date of assignment to the present holder, I am obviously unable to take any position other than that of continuing to request such evidence. Should you remain unable to support your unsubstantiated allegation of indebtedness, I can only suggest that you refer the matter back to your client permanently.



    At the same time, I would send an SAR to Santander, if that is who you believe the original creditor to be. As there is nearly £7,000 at stake, this is worth doing properly. If you receive statements which prove the six year gap, you can then use them as evidence should Arrow finally locate the agreement and remedy the default of s. 78 CCA 1974.

    SH
    Thanks for this.

    When you say send a SAR what do you mean?

    Leave a comment:


  • ScabHunter
    replied
    Re: drydensfairfax solicitor

    It seems as though this one has been firing off in all directions without any coherent plan of action. If there is an outstanding CCA request from January, then a further one should never have been sent.

    So, you don't know the exact date of the last payment or written acknowledgement? I suppose not, given that you don't even know for sure what on Earth this relates to.

    For once I disagree with Niddy – I think a “prove it” letter was appropriate in this case, as the alleged creditor has provided no account information to substantiate the existence of any alleged debt, and the recipient of these letters cannot even ascertain as to what they refer.

    Here is what I would send -

    FORMAL COMPLAINT

    Dear Sir,

    I am in receipt of your letter dated xx/xx/2014, which I deem to be highly inappropriate, and a total misrepresentation of the ongoing situation.

    Please note the following -

    On xx/xx/2014 (2013?) I received a communication from your office demanding payment of the sum of £6,924, which you alleged was owed to Arrow Global Guernsey Limited. Despite this, you failed to provide any substantiation of the existence of the alleged debt, its purported origins, or its future assignment to the present alleged creditor. When asked, in a communication of [date of the prove it letter], to provide this necessary substantiation, you were once again unable to do so.

    Notwithstanding the above consideration, on 3rd January 2014, I forwarded a request for information pursuant to section 78 of the Consumer Credit Act 1974. This request remains in default, and as a consequence any alleged debt to which your initial communication refers remains unenforceable at law until this default is remedied. You stated, in a communication of xx January 2014, that you would place the alleged “account” on hold until you had referred back to the alleged creditor for supporting information. Despite this contention, you have continued to send inappropriate and threatening correspondence which is entirely out of context with the prevailing situation, and you have failed to provide any update relating to your purported interaction with the alleged “account holder.”

    Unless you are able to substantiate the existence of the alleged debt with supporting evidence, such as the name of the original creditor, the date of account inception, the number of the account, the date of termination, and the date of assignment to the present holder, I am obviously unable to take any position other than that of continuing to request such evidence. Should you remain unable to support your unsubstantiated allegation of indebtedness, I can only suggest that you refer the matter back to your client permanently.



    At the same time, I would send an SAR to Santander, if that is who you believe the original creditor to be. As there is nearly £7,000 at stake, this is worth doing properly. If you receive statements which prove the six year gap, you can then use them as evidence should Arrow finally locate the agreement and remedy the default of s. 78 CCA 1974.

    SH

    Leave a comment:


  • The Tech Clerk
    replied
    Re: drydensfairfax solicitor

    Originally posted by rod View Post
    shall i attached a covering letter just simply saying I send them the CCA letter with £1 on 3/1/14?
    sounds right

    Leave a comment:


  • rod
    replied
    Re: drydensfairfax solicitor

    Originally posted by The Tech Clerk View Post
    yes
    shall i attached a covering letter just simply saying I send them the CCA letter with £1 on 3/1/14?

    Leave a comment:


  • The Tech Clerk
    replied
    Re: drydensfairfax solicitor

    yes

    Leave a comment:


  • rod
    replied
    Re: drydensfairfax solicitor

    Originally posted by rod View Post
    Ok thanks
    I have received a reply from Dryden regarding the proof CCA request I sent on 4th Sept 2014 asking me to forward th £1 payment which I forget to send with the letter.However ,as you know I did send the same letter on 3rd Jan 14 with the £1 enclosed and I did received an acknowledgement on 7 January 2014 stating that they will refer back to their client and the matter is on hold (i have a copy of this letter) shall I send them I copy of this letter?.

    Thank you for your help in this matter

    Leave a comment:

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