help for hubby

[ScabHunter]

Re: help for hubby

whats all this mean and more to the point what does hubby do now?

What it means is simple enough, both in literal interpretation and in hidden intention.

Literally, the phrase “You have remedy available to you by way of applying to the court for the appropriate declaration” refers to Section 142 of the Consumer Credit Act 1974, which does allow the possibility of applying to the court for a declaration of unenforceability.

That inevitably involves risk, so it is not how we play the game. We choose to defend our position by simply stating the facts whenever we are attacked and challenged.

The hidden meaning is also simple. They are implying that you need to seek a court order yourself, at your own risk, to declare an agreement unenforceable. Not true. You can defend your position without being so aggressive, as can be seen by the many people doing exactly that on the threads in the UE diary section.

It is a psychological trick. Don't fall for it. As for a response, I personally would just ignore it and wait for the next threat. It really doesn't say anything which is of any consequence.

SH

[ali2012]

Re: help for hubby

Had a letter from Arrow Global today that says

"We refer to your letter and note content.

we note you contend the copy agreement provided is unenforceable. We do not agree with your interpretation of the statute. We believe the agreement complies with the statute and we intend to pursue payment of the debt. You have remedy available to you by way of applying to the court for the appropriate declaration. In the absence of any declaration and/or notice of application for the same, we will pursue the action previously advised, if any.

We trust the above is satisfactory

Please contact Arc to make an offer of payment to repay your debt."

whats all this mean and more to the point what does hubby do now?

thanks in advance
Ali

[Deepie]

Re: help for hubby

ive just found out I cannot access the templates
can anyone help?
for the future if ever I need one

ali

Have a read here ---> http://forums.all-about-debt.co.uk/s...&postcount=152

[ali2012]

Re: help for hubby

ive just found out I cannot access the templates
can anyone help?
for the future if ever I need one

ali

[ali2012]

Re: help for hubby

Thank you
one letter on its way to Arrow Global

[ScabHunter]

Re: help for hubby

Right who do I send that to?? Arrow Global or ArcEuropeLtd or both?

In countering the deception of any debt collector, it is necessary to send the response to the initiators of the deception, in this case those who have just written to you.

I just dont understand why they state one thing and then another??

Because creating confusion has proven to be an extremely useful tool in persuading the gullible and the frightened to part with their money.

either collection is on hold or it isnt

Thanks in advance
Ali

Even the idiots themselves wouldn't know the answer to that, as the left hand department never knows what the right is doing. Sometimes anomalies in communication are a function of deliberate subterfuge, but often they are purely a function of incompetence.

Just make sure you respond appropriately, and don't worry about it.

SH

[ali2012]

Re: help for hubby

Right who do I send that to?? Arrow Global or ArcEuropeLtd or both?

I just dont understand why they state one thing and then another?? either collection is on hold or it isnt

Thanks in advance
Ali

[ScabHunter]

Re: help for hubby

Welcome to the wonderful world of DCA deception and greed. The paragraph which states “we have complied with your request for documentation under section 78 of the consumer credit act 1974” may even be accurate, but it doesn't address the issue of whether or not the documentation supplied is enforceable. The Missing Prescribed Terms letter makes it quite clear that you believe it is not, and they have failed to address this point.

If you wanted to be entirely fastidious in responding to every point which is made, you could send them this -

“Dear Sirs,

I am in receipt of your letter of xxth March 2013, and note its contents.

I note especially that you have once again entirely failed to address the issues raised in my own communication of [date of missing prescribed terms letter], and so I refer you to it once again. This is in the hope that this time you will take your responsibility as the holder of Consumer Credit License seriously, and cease communicating in what is plainly a deceptive and misleading manner.

Yours faithfully,”

SH

[ali2012]

Re: help for hubby

Hi All
I posted the reply to Arc Europe yesterday ( Monday 4th March) to arrive within the 14 day deadline. Looks like they had already gone back to Arrow Global because today we recieved a letter from Arrow Global saying

We write in response to your letter dated 22/01/2013 and refer you to ours dated 30/03/2012.
we have complied with your request for documentation under section 78 of the consumer credit act 1974.
This account is currently being operated on our behalf by Arc Europe Ltd. We have dealt with this document request and all other enquiries should be directed to them including your offer of repayment. Failure to do so will result in the continuation of collection activity, which in your case may include litigation.

Now the letter dated 30/03/2012 actually says

In response to a request for documents under section 78 of the consumer credit act 1974, we enclose
1. A copy of the agreement
2. A copy of the terms and conditions;

a. The account is in default
b. The total sum outstanding is £6456.15; and
c. The amounts that will become payable comprise interest and costs, depending on what enforcement action is taken against your client;

We still await a copy of statements from the originating creditor. As soon as the same are recieved, we shall provide copies to you.

In the meantime collection activity will remain on hold pending the provision of the above.

Now im confused we havent had a copy of statements ( so collection activity should still be on hold) but the opening letter states failure to include an offer of repayment could include litigation???

[ali2012]

Re: help for hubby

Ok 2 weeks it is

thank you
Ali

[ScabHunter]

Re: help for hubby

Had a reply from ArcEurope today saying
"Whilst they note your comments in your letter I do not consider that you have grounds for a valid complaint. I have enclosed a copy of our Complaint Procedure for your reference.
they go on to say...

"We confirmed our client's instructions to you in our letter dated 4 February 2013 and we provided you with a copy of your signed Agreement together with the Terms and Conditions on 28 Jannuary 2013.

In the circumstance I will regard the complaint as closed if we do not recieve your furthur communication within 14 days. Please see the enclosed Complaint Procedure informing you how to furthur your complaint.

Should we do anything?

What a pathetic load of rubbish.

I'd just send them something like this -

"Dear Sirs,

I am in receipt of your letter of xxth February 2013. Note that at no time has any formal complaint been submitted, and therefore anything which pertains to such complaints is entirely irrelevant.

Regarding provision of documents, I refer you once again to my letter of xxth January 2013, which you continue to ignore, and suggest that this time you read it and take note of it.

Yours Faithfully,”

The letter of xxth January 2013 is the Missing Prescribed Terms letter.

I would wait until two weeks have elapsed before sending it. If they give you meaningless and irrelevant deadlines on complaints which don't even exist, then you may as well use them to take another two weeks off the clock.

SH

[ali2012]

Re: help for hubby

Had a reply from ArcEurope today saying
"Whilst they note your comments in your letter I do not consider that you have grounds for a valid complaint. I have enclosed a copy of our Complaint Procedure for your reference.
they go on to say...

"We confirmed our client's instructions to you in our letter dated 4 February 2013 and we provided you with a copy of your signed Agreement together with the Terms and Conditions on 28 Jannuary 2013.

In the circumstance I will regard the complaint as closed if we do not recieve your furthur communication within 14 days. Please see the enclosed Complaint Procedure informing you how to furthur your complaint.

Should we do anything?

[ali2012]

Re: help for hubby

Thank you I will do it straight away
( now ive finally got on the website lol )

[ScabHunter]

Re: help for hubby

Here is what I would send them -

“Dear Sirs,

I am in receipt of your letter dated xxth February 2013. I note with regret that you still have not dealt with the issues which have been raised in my own letter of xxth January (or February?). You were referred to that letter in my last communication of xxth February, but you persist in ignoring the pertinent issues, and see fit instead to just bombard my mail box with irrelevant templates.

Note the Office of Fair Trading Debt Collection Guidance states -

“3.2 It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner.

Examples of unfair or improper practices are -

3.3 g) failing to provide 'debtors' with information on the outcome of investigations into reasonably queried or disputed debts

3.7 o) ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not valid

Plainly, your conduct falls foul of the Guidance on all of these points. I therefore suggest that you begin taking your responsibilities as the holder of a Consumer Credit License seriously, and address the issues raised in the previous communication. Failing this, a formal complaint will be raised with the OFT through my third party representative, and an internal complaint will be raised through your own procedure, which can be escalated to the Financial Ombudsman Service should you continue to refuse to comply with the relevant guidance and legislation. Note also that your obstructive conduct will be exhibited before the judge should this case proceed to litigation.

Yours Faithfully,”

You will need to fill in the correct dates yourself, as these are not clear from the thread.

SH

[ali2012]

Re: help for hubby

Thank you
yes please a few words of what to put would really help
thanks again
Ali