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Arrow Global (Shoosmiths) v Atieno (Scotland)
Hey guys and girls,
Sorry if im posting in the wrong place, abit confused as to where to put this, but im a bit lost on this issue at the mo.
Firstly I should start with, I live in Scotland. I have a student overdraft standing at £1,800 from 2010. (date of default on account is feb 2010)
This was later referred to Arrow Global, and I think I may have paid them £5 a month for a little while, over 2 years ago after my partner passed away and I was too broken to argue with them.
Anyway I know I haven't paid them anything for 2 years. Howeverr I also understand that for limitation to apply it needs to be 5 years in Scotland with no payment.
They contacted me recently seeking payment and I asked for them to supply me with the original terms and conditions of the overdraft and at least a copy of the original contract, so I can see where I stood with things. Additionally I have asked them to supply me with any updated terms and conditions over time and any all payments made to the account over the period of it being owed, so that I can verify that the amount being asked for is accurate.
The woman said they simply don't have that information and has supplied me with nothing.
However I'm unsure as to where that leaves me under law. I'm not convinced I have the right to insist on these documents as they are for a student overdraft and thus not covered by some of the enforceability regulations, so does that mean I just have to pay them the full amount.
I hasten to say I don't mind paying what I owe, what I begrudge is the fact that the debt was literally just over £1,000 initially but Santander charged me £25 repeatedly for going over my over draft, despite the fact that it was the £25 itself which oft times put me over. Not only that they then charged me a further £25 for none payment of the fee, which means Santander just kept adding £50 on my debt and I couldn't keep up.
I simply don't know what options are open to me. I have paid off all my other debts, but I honestly begrudge this one on many levels, as it was accrued using crap unfair charges, on a student with no money, when my partner was first diagnosed with cancer and then cornered me for payments a week after burying my partner. Despite asking Santander for understanding on repeated occasions, just to freeze the account.
Do I just have to pay arrow and be done with it?
Sorry if im posting in the wrong place, abit confused as to where to put this, but im a bit lost on this issue at the mo.
Firstly I should start with, I live in Scotland. I have a student overdraft standing at £1,800 from 2010. (date of default on account is feb 2010)
This was later referred to Arrow Global, and I think I may have paid them £5 a month for a little while, over 2 years ago after my partner passed away and I was too broken to argue with them.
Anyway I know I haven't paid them anything for 2 years. Howeverr I also understand that for limitation to apply it needs to be 5 years in Scotland with no payment.
They contacted me recently seeking payment and I asked for them to supply me with the original terms and conditions of the overdraft and at least a copy of the original contract, so I can see where I stood with things. Additionally I have asked them to supply me with any updated terms and conditions over time and any all payments made to the account over the period of it being owed, so that I can verify that the amount being asked for is accurate.
The woman said they simply don't have that information and has supplied me with nothing.
However I'm unsure as to where that leaves me under law. I'm not convinced I have the right to insist on these documents as they are for a student overdraft and thus not covered by some of the enforceability regulations, so does that mean I just have to pay them the full amount.
I hasten to say I don't mind paying what I owe, what I begrudge is the fact that the debt was literally just over £1,000 initially but Santander charged me £25 repeatedly for going over my over draft, despite the fact that it was the £25 itself which oft times put me over. Not only that they then charged me a further £25 for none payment of the fee, which means Santander just kept adding £50 on my debt and I couldn't keep up.
I simply don't know what options are open to me. I have paid off all my other debts, but I honestly begrudge this one on many levels, as it was accrued using crap unfair charges, on a student with no money, when my partner was first diagnosed with cancer and then cornered me for payments a week after burying my partner. Despite asking Santander for understanding on repeated occasions, just to freeze the account.
Do I just have to pay arrow and be done with it?
to AAD where we do things a bit differently.
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