help for hubby

[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

[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

[Deepie]

Re: help for hubby

I couldn't have said it better myself......

[ali2012]

Re: help for hubby

Thank you ignore it he will

[ali2012]

Re: help for hubby

Hadf a letter from ArcEurope ltd today basically saying that they understand their client has sent a letter in reply to the issues raised, and they have instructed Arc that the balance remains outstanding and must be paid, and theeir client is prepared to consider proposals for payment by affordable installments

They go on to say to send them a full financial statement clearly showing incomings and outgoings and a list of creditors with a token offer of payment.

Then go on to give details of 'helpul' organizations such as CBA and National Debtline.

After 30 days if he has not given this information they will have to obtain their clients instructions.

Do we have to reply?
Or just wait

Thanks In Advance
Ali

[ScabHunter]

Re: help for hubby

Round and round in circles we go.

I would wait until 26 days have elapsed, as you might as well run as much time off the clock as you can before responding, and then I would send them this -

“Dear Sirs,

I am in receipt of your letter dated xxth April (or was it March?) 2013. It is acknowledged that I have received a letter from Arrow Global, dated xxth March 2013, but that letter does not, as you allege, “reply to the issues raised”. It merely states the untenable position that they deem the agreement to “comply with the statute”, without even the most perfunctory attempt to explain how or why.

The letter also states that “you have remedy available to you by way of applying to the court for the appropriate declaration”, which is presumably a reference to Section 142 of the Consumer Credit Act 1974. Note that the option to pursue legal action using that section of the Act is exactly that, an option. The recipient of paperwork which is irredeemably unenforceable is under no obligation to exercise this option, and a failure to do so cannot be perceived as a tacit admission of enforceability. The recipient is perfectly entitled to inform the sender of the documentation that it does not comply with the relevant legislation, and to allow them to decide whether or not to litigate on the back of the flawed documentation, at their own risk.

As none of the communications I have received from either Arrow Global or yourselves even attempt to address the issues raised in my letter of [DATE of Missing Prescribed Terms], I must once again refer you to it, and hope that this time you will exercise due diligence in responding appropriately to the issues which have been raised.

Yours Faithfully,”

SH

[Pixie]

Re: help for hubby

SH - you replied while I was reading through the thread to check what had gone on so far.

I was going to suggest Final Response - UE (CCA Received) - allaboutDEBT UK

[ScabHunter]

Re: help for hubby

SH - you replied while I was reading through the thread to check what had gone on so far.

I was going to suggest Final Response - UE (CCA Received) - allaboutDEBT UK

Yes, you could send that, although I like the bespoke reply better as it directly responds to their wriggling and evasive tactics. If it was me, I would send that to give them one last chance to respond to the issues raised in the Missing Prescribed Terms letter, and if they still refuse to address them, I would then turn to Priority One's CPUTR tactic as part of a formal complaint.

There is quite a history on here, and on the last forum where P1 and I used to post, of creditors being unwilling to carry on their deceit and ignoring of the truth when they are challenged under CPUTR. Given Arrow Global's proclivity to litigation, I think that would be the obvious next step.

Ali, have a look at this thread, and develop an understanding of CPUTR. I think that is probably going to be the best way forward, once you get the next reply -

PriorityOne CPUTR 2008 (ex P1 CAG CPUTR 2008) - allaboutFORUMS

SH

[ali2012]

Re: help for hubby

Thank you,
I will get the letter sent off in around 25 days and get hubby to have a read of the thread.

Im still peeved at MBNA for agreeing to a token £5 a month payment then referring it to a debt collection agency ............. without hubby's knowledge!

Thanks again

[ken100464]

Re: help for hubby

Dont be too peeved its what they do. Customer care does not make them money. Therefore they pay lip service to it.

Our MBNA card while we were in the process of formulating a repayment plan was being prepared for litigation.

So while we negotiated in good faith they used the information we gave them to get the background info to secure the debt. All revealed later from a SAR.

Water under the bridge now but shows they have no morals.

Never trust a bank.

[ali2012]

Re: help for hubby

Just had a letter from Arc Europe again stating that because no response has been sent they have now reported to this to their client ( Arrow Global) to consider furthur action to recover the debt, this letter and the previous letter can be produced to prove that you were given every opportunity to enter negotiations but you failed to accept the invitation
they go on to say that credit history will still be affected and give details of how to pay
I cant understand this we have the reciept of the letter that was sent in response to their letter on the 27/4/13 so they wouldve had this in plenty of time of the 'deadline of 30 days'

What to do now? anything or nothing and wait?

Thanks in advance
Ali2012

[MrsD]

Re: help for hubby

I would either ignore this nonsense or send a one liner

"I refer to your letter of "date" and would refer you to my letter of "date"

love and kisses and may you get huge swollen piles

Ali's man

[ali2012]

Re: help for hubby

Ha Ha it is very tempting!

Think its best to ignore it
thanks again

[ali2012]

Re: help for hubby

Help ( again)
Hubby has now had a letter from Rockwell Debt Collection Agency dated 16th August stating
' We have been instructed by Arrow Global to contact you regarding the above account which remains unpaid.
Your debt is now overdue and must be paid in full to this office within the next 10 days otherwise we will take immediate action'

it goes onto give ways to pay and if he is unable to pay within the timescale specified to contact them to discuss options.

seeing as the 16th was 5 days ago I suppose a reply should be sent to them straight away.

This just seems to be being passed from one debt collection agency to another ........ is this usual?

Thanks in advance
Ali

[Enforcer]

Re: help for hubby

Yes, quite normal.