Arrow Global Guernsey

[Guest]

Hi again. I need some more advice please. All seems to be happening at once for me.

MBNA credit card, opened 31/07/2007 .

Defaulted 2010, approx £4k . Token payments of £20 per month.

January 2012 account sold to Arrow Global Guernsey Ltd. kept up the same token payments.

CCA request in 2014, and was provided with a copy. I can't remember why i requested it, but i have it here. I'd assume its ok, it was an electronic agreement and the covering letter goes on to say OFT deems re constituted agreements are acceptable.

Account has been handled by Capquest for many years now, i've still been on the same £20 per month payment. Maybe around Feb/March this year they sent me a request for a new Inc/exp form. I forgot to return it so they sent another request saying they would consider legal action if i did not fill it in. So i filled it in and returned it with an apology for being late sending it, also telling them that i had recently been hospitalised and had not been working at all and infact was in the main supported financially by my partner. I also sent them a copy of my appointment at our local Cancer Hospital.

Today i have recieved from Arrow Global a "notification of account transfer to a new agency" . Drydensfairfax Solicitors.

Next Steps: i should direct all queries, correspondence and payments to Drydensfairfax.

Amount outstanding £2110 .

What are my next steps please?

[The Tech Clerk]

send copy of CCA to:- webmaster@all-about-debt.co.uk for checking quoting this thread, do not retract any wording just as it is. he will take a look and advise enforceable or not.

Colin G Quinn asking him to pop in here for you do nothing for now.

[The Tech Clerk]

Hi again. I need some more advice please. All seems to be happening at once for me.

MBNA credit card, opened 31/07/2007 .

Defaulted 2010, approx £4k . Token payments of £20 per month.

January 2012 account sold to Arrow Global Guernsey Ltd. kept up the same token payments.

CCA request in 2014, and was provided with a copy. I can't remember why i requested it, but i have it here. I'd assume its ok, it was an electronic agreement and the covering letter goes on to say OFT deems re constituted agreements are acceptable.

Account has been handled by Capquest for many years now, i've still been on the same £20 per month payment. Maybe around Feb/March this year they sent me a request for a new Inc/exp form. I forgot to return it so they sent another request saying they would consider legal action if i did not fill it in. So i filled it in and returned it with an apology for being late sending it, also telling them that i had recently been hospitalised and had not been working at all and infact was in the main supported financially by my partner. I also sent them a copy of my appointment at our local Cancer Hospital.

Today i have recieved from Arrow Global a "notification of account transfer to a new agency" . Drydensfairfax Solicitors.

Next Steps: i should direct all queries, correspondence and payments to Drydensfairfax.

Amount outstanding £2110 .

What are my next steps please?

BY the way welcome, you will find freindly advice or thoughts on here. keep diary updated for ease of use.

[Roger]

You mention ".. Arrow Global Guernsey Ltd. ..",
Arrow own ".. Drydensfairfax .."
For your record purposes Note the following
Sam Audley
https://all-about-debt.co.uk/forum/d...es#post1537180
"..
If you have received a letter of claim or a County Court Claim from Arrow or Capquest or Arrow or Capquest have obtained a default judgment against you, these claims can be defended. Our view is that these companies once they issue county court proceedings must show us and the courts that they have complied with the statutory requirements of the Consumer Credit Act 1974, the Financial Services and Markets Act 2000 (FSMA) and the Law of Property Act 1925. If they have not, then they are not legally entitled to enforce these debts.
.."

[Timewilltell]

I might also mention that Arrow Global Guernsey are not FCA registered and refer you to a recent JCS thread (if someone can provide a link?) which discusses the pitfalls of not being FCA registered.

[Timewilltell]

Drydensfairfax are the in house solicitors of AG I believe and are more often than not hot air for AG.
personally I would stop payments to these people however that is a choice that you would have to decide is correct for you.

[Guest]

Ok thanks a lot. I'm happy to plod on for now and pay £20 per month. I've a feeling they are about to try and pressure me though, i'll have to wait and see. I tried to log onto Capquest, the account there has been closed. Niddy checked my CCA and its looks enforceable. I've seen and read the JCS thread(s) now. Not sure if i want to get that far to test it just yet as i'm dealing with other things. My payment is due around 22nd of the month so i'll log on to fairfax and try pay it that way and see what unfolds. If its any use, years ago when i queried to get the CCA i got this reply, not sure if its important or not. Thanks all.

[Timewilltell]

That is a sure sign that you should have stopped payments then. But still you are where you are and if you are happy to pay then continue you shall, don’t be forced to pay higher amounts stand your ground, you are not required to send them an I/E form but as I say if you are happy to pay then continue as you are.

[The Tech Clerk]

Sam Audley may be able to comment.

[Colin G Quinn]

Hi,

And wow. An unauthorised party explicitly admitting in open correspondence that they are not the creditor as defined by the law? You need to keep that letter very safe.

I haven't seen the alleged agreement and so cannot speak to it.

However, given the prospective claimant is not authorised, and given the glaring admission made in the redacted letter you have posted, everything is unenforceable in the Court.

[Roger]

Sam Audley may be able to comment.

I agree with The Tech Clerk
You have the evidence of the £1 payment 2014 you also have the named Assignee
The first thing is to realise is that every £1 paid is restarting the Statute Bar Clock.
That this surely nolonger appears on any Credit Reference Agencies (the limit is 6 years) so isn't impacting on your Credit

Personally I would stop payments because petrol and fuel Costs have risen almost overnight. This means that Living Costs are and will increase. Unsecured Debts are at the bottom of the priority list of debts. Arrow clearly know this!!

Drydensfairfax would have to send a Letter Before Claim before any possible legal action or threat!
A DSAR sent to MBNA now would make sense to see just what is held or otherwise on that Banks records!

All Arrow are trying to do is bounce you around within their own Companies with the intent of frightening you!
Silence and stop paying without Contacting them and see what they do next!!

[Still Waving]

Hi,

And wow. An unauthorised party explicitly admitting in open correspondence that they are not the creditor as defined by the law? You need to keep that letter very safe.

I haven't seen the alleged agreement and so cannot speak to it.

However, given the prospective claimant is not authorised, and given the glaring admission made in the redacted letter you have posted, everything is unenforceable in the Court.

Interesting, because I and other members here have received just such a letter in the past, having sent CCA74 requests.

[Timewilltell]

I had an MBNA with the AGG and they tried it on with DF. After a little letter tennis I got bored and challenged them to stop threatening court action and get on with it or be silent and they took the latter option and now all is SB, I guess once you know what they are writing isn’t legal then they are not as threatening as they want to believe.

[Roger]

What we are learning here is the need for a good Diary putting the building blocks in place because only from this platform can good business decisions be made AND solid legal advice be given!
A little digging and the cracks start appearing.
A Very Big thanks to Colin G Quinn
"..
And wow. An unauthorised party explicitly admitting in open correspondence that they are not the creditor as defined by the law? You need to keep that letter very safe.

I haven't seen the alleged agreement and so cannot speak to it.

However, given the prospective claimant is not authorised, and given the glaring admission made in the redacted letter you have posted, everything is unenforceable in the Court.
.."

[Still Waving]

I had an MBNA with the AGG and they tried it on with DF. After a little letter tennis I got bored and challenged them to stop threatening court action and get on with it or be silent and they took the latter option and now all is SB, I guess once you know what they are writing isn’t legal then they are not as threatening as they want to believe.

I successfully dug in and called Arrow's bluff on two MBNA accounts where Niddy had previously deemed the agreements as enforceable (he expressed surprise at seeing an MBNA agreement which actually seemed enforceable).