Drysden Fairfax financial statement

[stuffthebanks]

Hello all,
Its been a very long time since i last posted, my credit file is clean this June and most of my debt more or less settled.
This question is on behalf of my other half if you guys can remind me of the possible ways to handle a recent financial statement request from Drysden fairfax.
My OH had a Sainsburys credit card way back in 2003, we both fell behind with payments and eventually the debt was sold on to Arrow Global.
The amount outstanding is for nearly £3000.
Payments of £10.00 per month have been made each month for the past 4 years.
They have now requested a financial statement to look at the current agreement.
My question is should she fill in the statement and if so should she include my earnings and outgoings?
I know in the past i always ignored these requests on my debts, but i want to make sure i am not asking my OH to risk possible court action to recover the debt if she does not comply with this request.

We did request the credit agreement details way back and they came back as enforceable as far as i can remember.

Hope this is enough information, and thank you in advance for any advice given.

All the best

Steve

[Roger]

Hello all,
Its been a very long time since i last posted, my credit file is clean this June and most of my debt more or less settled.
This question is on behalf of my other half if you guys can remind me of the possible ways to handle a recent financial statement request from Drysden fairfax.
My OH had a Sainsburys credit card way back in 2003, we both fell behind with payments and eventually the debt was sold on to Arrow Global.
The amount outstanding is for nearly £3000.
Payments of £10.00 per month have been made each month for the past 4 years.
They have now requested a financial statement to look at the current agreement.
My question is should she fill in the statement and if so should she include my earnings and outgoings?
I know in the past i always ignored these requests on my debts, but i want to make sure i am not asking my OH to risk possible court action to recover the debt if she does not comply with this request.

We did request the credit agreement details way back and they came back as enforceable as far as i can remember.

Hope this is enough information, and thank you in advance for any advice given.

All the best

Steve

Only a Court can make you complete a I&E.
There are many reasons for why a Debt may be UE and I think that before considering anything you should try and fill in the gaps.
Others may have other ideas But my thoughts here are file Drysden letter but don't reply!

Whether you make the monthly payments or not will be your decision BUT its your wifes debt and Income not yours!

By making these payments the debt has been acknowledged and the Statute Bar restarted!

Is this debt still on your wifes Credit file?

When did your wife request the CCA? Was this before the debt was sold to Arrow? Who said that the Agreement was EN?
If The CCA request wasn't made to Arrow I would do this Now plus £1 send AAD template to Arrow the Debt Owners who knows what information is available after 17 years?

Whom was the Debt Assigned to? does your wife know? and does she have the Notice of Assignment?
There might be assignment issues with Arrow so you need to know this!

If your old CCA request was to Arrow and it has been checked by AAD then I would send a SAR to Sainsbury (GDPR there is nolonger a charge) to see exactly what information the Original Creditor has and what perhaps Arrow may have after 17 years.

Before deciding to continue I would first ascertain whether this Debt is actually EN!

[stuffthebanks]

A very good morning Roger,
A big thank you for your reply to my question.
It's been a long old time since i started my journey to sort out debt issues.
This account was assigned to Arrow global in August 2011,assignment letters received from Arrow and Sainsbury.
A request for the SAR including the CCA was received November 2011, sent from Sainsburys bank..
All of that information received has not been checked by someone who knows what they are looking for.
Westcot services were appointed by Arrow to manage the service of the account, which then went over to Drysden Fairfax in 2012.

Is it still Niddy who checks agreements etc.?

Cheers Roger.

[Roger]

A very good morning Roger,
A big thank you for your reply to my question.
It's been a long old time since i started my journey to sort out debt issues.
This account was assigned to Arrow global in August 2011,assignment letters received from Arrow and Sainsbury.
A request for the SAR including the CCA was received November 2011, sent from Sainsburys bank..
All of that information received has not been checked by someone who knows what they are looking for.
Westcot services were appointed by Arrow to manage the service of the account, which then went over to Drysden Fairfax in 2012.
Is it still Niddy who checks agreements etc.?
Cheers Roger.

This is #Di's quote (extracted from another Diary)

And was/is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd.? It matters since Arrow Global (Guernsey) Ltd. isn't authorised by the FCA ..

This is from #NW

Some times, but not always, a DCA will pass on or ask the original lender for the paperwork,
Sometimes a DCA will say as they are not the owner of the account, you must contact the original lender, Arrow always used to do this, which was confusing as they were the owner as they had bought it,

Niddy still checks CCA's
BUT you say ".. A request for the SAR including the CCA was received November 2011, sent from Sainsburys bank.." It was Assigned August 2011!
I would send Arrow a CCA request plus £1 to Arrow! The Owner! send copy to Drysden Fairfax (without comment).

Wait until you receive the CCA before asking for a SAR(GDPR) from Sainsbury!! lets see what comes back after 17 years

[nightwatch]

Hellooooo .

you say the agreement sent did not get checked out to see if it was enforcable or not, nor was it a formal CCA request (£1.00 fee)
so I would do as Roger says and send one off.

Will be interesting to see what you get back.

As for income and expenditure form's, this is to see if you can afford to pay more, but you don't have to fill it in, If you do only your wife's income should be on it as it is in her name not joint.
I used to just reply with " my curcumstances have not change since we last communicated, so my payment will remain the same". OR if they were being snotty " I have had a change in curcumstances and I am having difficulty in keeping up payments, so I will have to reduce payments to everyone to £1.00 per month until I can return to work"

[nightwatch]

just checked my diary for my Sainsbury account, mine was sold to cabot, CCA sent, received some T&C with your right to cancel in the middle of the photocopy, Cabot said that I now had all the information I needed and wanted a payment or they would consider court to recover the debt.
Sent T&C received, it was passed to FIRE, next desk along,
Sent SWID to Fire, passed back to original desk, account on hold while they requested more info from Sainsbury's

This was March 2014, still awaiting paperwork

[stuffthebanks]

Hi Roger,Nightwatch,
The information given is most gratefully received, and fully appreciated.
I have forgotten so much of the useful help and advice given over the years on this forum, you guys have helped nudge my memory.
I will most certainly ask for the CCA and will request from Arrow Global Ltd....
Thanks again you guys, i will update as soon as i have any to feedback.

All the best

Steve

[Joanna Connolly Solicitors]

I will most certainly ask for the CCA and will request from Arrow Global Ltd....

Is the current owner Arrow Global or Arrow Global (Guernsey) Ltd which lacks FCA authorisation?

DrydensFairfax may live to regret asking your OH for that financial statement

Di

[stuffthebanks]

Hi Diana,
Its Arrow Global Ltd on the letterhead, London address, and registered in England and Wales.
No luck on that front...

Thanks for taking time to reply Diana.

Steve

[Joanna Connolly Solicitors]

Hi Diana,
Its Arrow Global Ltd on the letterhead, London address, and registered in England and Wales.
No luck on that front.

It doesn't matter what it says on the letterhead nowadays - all that matters is what was on the Deed/Notice of Assignment.

Di

[Roger]

Does your OH have any other Debts which she is currently making monthly payments for?

[stuffthebanks]

Hi Di,Roger,
The London address and Arrow Global Ltd was on the notice of assignment.
Fortunately Roger this is the only debt my OH has.

Steve

[Roger]

Hi Di,Roger,
The London address and Arrow Global Ltd was on the notice of assignment.
Fortunately Roger this is the only debt my OH has.

Steve

Remember that the CCA1974 legislation has changed over the years! Your OH CCA is 2003 (17 years ago)
I am not an expert but Arrow may well have a headache providing a EN here!

[stuffthebanks]

Hope so Roger,
let you know how it goes, and thanks again

[Joanna Connolly Solicitors]

I will most certainly ask for the CCA and will request from Arrow Global Ltd....
Thanks again you guys, i will update as soon as i have any to feedback.

Three quick questions:

Have Arrow Global complied with your latest CCA Request? It looks like your previous CCA Request was sent to Sainsbury’s in 2011 and you believed the credit agreement they sent was enforceable (unless I’ve misunderstood your first post).

Has your OH heard anything more from DrydensFairfax solicitors?

Are you still paying £10 per month to either of them?

Di