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  • Debt Managers Service Ltd. advice on what action to take required please.

    Hello from a brand new member,

    Firstly this site seems to be really good from having read lots of threads so far. I'll give details of my situation and hopefully I can be guided into the correct course of action.

    Today I receive a letter from Arrow Global explaining notice of account transfer to external agency (Debt Management Services Ltd) Also indicates that account was transferred to Arrow Global in Oct 2006 although I've never head of them or had previous communication from them.

    The letter details an account that I am not disputing ownership of but I am pretty sure that account should be Statute Barred at this time.
    My first question is what step should I take to find out the date of my last payment for this account (account was an MBNA credit card opened Feb 1997)I did make several payments to a solicitors firm after having a CCJ against me for the account but sadly I have no records of the last payment.

    Second question is should I be responding in any way to this letter at this point CCA request perhaps?

    I appreciate this is probably pretty rudimental stuff but I really don’t want to go about things the wrong way. Please feel free to ask for more info that would be relevant in order to ascertain help for moving forward.

    Best regards

    Triplewhammy.

  • #2
    Re: Debt Managers Service Ltd. advice on what action to take required please.

    If they have a CCJ, it doesn't matter when the last payment was made, CCJs don't go statute barred. See this website: http://www.bdl.org.uk/images/25_EW_N...ions%20act.pdf

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    • #3
      Re: Debt Managers Service Ltd. advice on what action to take required please.

      Oh this I didn't know, so what should my course of action be in light of this?

      Comment


      • #4
        Re: Debt Managers Service Ltd. advice on what action to take required please.

        It is correct that CCJ's do not go statue barred, but it has been spoken about many times before, and it is the belief of Niddy that, if a CCJ hasn't been enfoced for 6 years (I.e you haven't made a payment and they haven't gone back to court to force you) then it would be hard for anyone to use that CCJ to enforce the debt, as they would need to go back to the court after 6 years and explain why they hadn't taken action sooner.

        It would be unlikely any court would allow a reason for such action and would dismiss any application to re-enforce it.

        So they question is, was the last payment more than 6 years ago. The best way I think to solve this, is when the DCA contact you. tell us the content of the letter and we will pick the response you need, but don't do anything until they contact you.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Debt Managers Service Ltd. advice on what action to take required please.

          I had that same letter recently - ironically for an MBNA account. Unfortunately, I do not know enough of CCJs to advise.

          From what I can gather, Arrow haven't actually transferred / sold you're account -they are just getting someone else to collect for them as they cannot be arsed.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #6
            Re: Debt Managers Service Ltd. advice on what action to take required please.

            Originally posted by SXGuy View Post
            It is correct that CCJ's do not go statue barred, but it has been spoken about many times before, and it is the belief of Niddy that, if a CCJ hasn't been enfoced for 6 years (I.e you haven't made a payment and they haven't gone back to court to force you) then it would be hard for anyone to use that CCJ to enforce the debt, as they would need to go back to the court after 6 years and explain why they hadn't taken action sooner.

            It would be unlikely any court would allow a reason for such action and would dismiss any application to re-enforce it.
            Spot on mate
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #7
              Re: Debt Managers Service Ltd. advice on what action to take required please.

              I'm already convinced I've come to right place for help and and advice with this. Thanks for the input so far everyone.

              It does make since that a court would look unfavourably on such a long period of uninforced action on the CCJ. I'm reasonably certain the period without payment has spanned beyond six years though.

              Ok so for now I'll sit tight and await further correspondence from them then post exactly what they're saying.

              Thanks once again

              Comment


              • #8
                Re: Debt Managers Service Ltd. advice on what action to take required please.

                Originally posted by triplewhammy View Post
                I'm already convinced I've come to right place for help and and advice with this. Thanks for the input so far everyone.

                It does make since that a court would look unfavourably on such a long period of uninforced action on the CCJ. I'm reasonably certain the period without payment has spanned beyond six years though.

                Ok so for now I'll sit tight and await further correspondence from them then post exactly what they're saying.

                Thanks once again
                If it's past 6 years since last contact from the CCJ then they will struggle to convince a judge to reopen the case, they would also need a copy of the original CCJ and a damned good reason as to why now, and not over the past 6 years...... you'll be fine, don't let this worry you.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Debt Managers Service Ltd. advice on what action to take required please.

                  Also a CCA Request wouldn't be appropriate as the CCJ replaces the credit agreement. However sometimes DCA's don't know a CCJ is in place so as above, keep your head down and see what they say next..

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