Overdraft debt

[toyota5]

hello,

I received a letter before claim from Drydensfairfax acting for ArrowGlobal re: overdraft debt - Lloyds bank. £3500

My question is, can I send a CCA request for ArrowGlobal who bought the debt. Does CCA apply to overdrafts

Thank you,
Toyota

[Joanna Connolly Solicitors]

I received a letter before claim from Drydensfairfax acting for ArrowGlobal re: overdraft debt - Lloyds bank. £3500

My question is, can I send a CCA request for ArrowGlobal who bought the debt. Does CCA apply to overdrafts

Hello Toyota

May I ask you a few things before replying fully.

Sometimes it's a good thing to send a CCA Request and sometimes it's best to wait.

What year did this Lloyds overdraft begin and was it an arranged or unarranged overdraft?

Was this a sole or joint current account?

When was the debt assigned to Arrow Global?

What date did you make your last payment towards this debt or are you currently paying perhaps through a Debt Management Plan?

You've received a Letter of Claim from DrydensFairfax so that should give you 30 days to reply before they should issue a claim. What is the date on the LOC?

Sorry for all the questions but it helps when making suggestions as to your next step, and when to make it.

I look forward to helping you.

Di

[toyota5]

Hello Di,

Thank you for replying.


Overdraft began around 2010

It was arranged

The account was in my name only

Assigned to Arrow Global in 2017

Debt management plan was set up around early 2014 and last credit to account June 2015

I received the letter of claim on 8th December

[Joanna Connolly Solicitors]

Hello Di,

Overdraft began around 2010. It was arranged

Assigned to Arrow Global in 2017

Debt management plan was set up around early 2014 and last credit to account June 2015

I received the letter of claim on 8th December

That’s really helpful, thank you.

If the last time you paid anything towards this debt was in June 2015 then it should become Statute Barred in June this year (unless you live in Scotland?). And if you were in a DMP in 2014 I would expect the account to have been defaulted prior to then (which can have an impact on any SB date even after last payment.)

However you’ve received a Letter of Claim so maybe Arrow are aware of the approaching SB so won’t want to miss the boat.

Why don’t you email me a copy of your Letter of Claim from DrydensFairfax so I can see what Arrow intend to claim and why they think they have the right to claim it. Just the first couple of pages not the whole Reply Form. Send it to di@joannaconnollysolicitors.co.uk . There’s no need to blank out any details.

I’ll get back to you about the s78 CCA Request when I’ve seen the Letter of Claim.

You received the LOC on 8th December but what date was it sent according to their letter?

Di

[toyota5]

Thanks Di. I have mailed you with attachments

[Joanna Connolly Solicitors]

Thanks Di. I have mailed you with attachments

And I've replied

Di

[toyota5]

Thank you Di for your help and advice.

I am getting on with the research work you gave me and am feeling better about this sorry situation

[Joanna Connolly Solicitors]

Thank you Di for your help and advice.

I am getting on with the research work you gave me and am feeling better about this sorry situation

Let’s hope it’s Arrow who’ll be sorry that they started this situation

I’ve received your homework, and let’s see what the SAR to Lloyds also reveals.

Di

[Joanna Connolly Solicitors]

My question is, can I send a CCA request for ArrowGlobal who bought the debt. Does CCA apply to overdrafts

The short answer to your question is 'Yes' s78 CCA does apply to overdrafts.

However in your circumstances don't send one yet (we have spoken).

Jo explains this legal issue here >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not appeove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

Di

[Joanna Connolly Solicitors]

Hello Di,

I received the letter of claim on 8th December

Have you heard anything more from DrydensFairfax since their 'Letter of Claim' on behalf of Arrow?

And have Lloyds sent you their data after you sent them a SAR?

Di

[toyota5]

Hello Di,

Yes I received the SAR from Lloyds (It's huge). I also SAR'd Stepchange asking them to send me all details. Nothing back from them but, strangely, I did receive a letter from Arrow saying that I had asked them for a SAR and they require my full name and address before they will send anything because of ID security. I have not replied back to them. I have heard nothing since from DrydensFairfax

[Joanna Connolly Solicitors]

Hello Di,

I did receive a letter from Arrow saying that I had asked them for a SAR and they require my full name and address before they will send anything because of ID security. I have not replied back to them. I have heard nothing since from DrydensFairfax

Perhaps Arrow are responding to your request for the credit agreement (not a formal s77-79 CCA Request). Definitely don't give Arrow any personal information.

They decided to issue legal proceedings and instructed solicitors to send you a Letter of Claim. If they don't know your full name and address then that's their problem.

See what DrydensFairfax do next since the 'Letter of Claim' reply deadline has expired.

Di

[toyota5]

Will do and I'll let you know
Thanks

[Joanna Connolly Solicitors]

Will do and I'll let you know

Good plan.

Don't do anything without running it by me first

Di

[toyota5]

Hello Di, I've sent you an email with attachment