RBS & MBNA via Bryan Carter/Arrow Global

[baxta59]

Hi
I am new to this forum so please be gentle.
I have two old debts dating back to 2005. One for RBS and one for MBNA.

Due to your good advice I managed to put the MBNA one into dispute with Arrow Global (Bryan Carter seem to have bailed out at this point)recently as they failed to produce a copy of the CCA within the allocated time period 12+2. However, they have since sent me a copy of what they say are the agreement and t&c. They claim they are awaiting a copy of the statement from the original creditor. They refute that they themselves are a creditor under the CC Act 1974 but admit the account is now in dispute.
Not sure how to proceed with this one or do I just wait until they produce the statement? There is no interest rate stated on the documents so far nor is there any indication of frequency of payments. There is however a copy of my signature, a signature purporting to be that of the original creditors representative (albeit scrawled across the box containing my address' and not as a line entry, and a credit limit although this is on a seperate sheet.

As for the RBS debt. I received a copy of the CCA from Arrow Global with a covering letter despite my not having requested it in the first place. They must have realised a request would be forthcoming as they had just dealt with my request conerning MBNA. It seems to have all the prescribed terms, albeit cobbled together. The agreement is not signed as such other than a 'received for and on behalf of the issuer' in a stamped box at the top of the page.
Any ideas or shall I wait until I have scanned it all in for a response.
Keep up the good work and expect a donation from me as soon as I get sorted. You reall are tops.

[ScabHunter]

Re: RBS & MBNA via Bryan Carter/Arrow Global

.
I have two old debts dating back to 2005.

Just a thought - When was the last time a payment was made on these alleged debts?

SH

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

That is another thing. Not really sure as I managed to evade them for quite some time until I moved to my new house in October 2010. Cannot be certain it has been more then six years though.

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Hellow and welcome to AAD!

We are always gentle here so no need to worry, if you have any questions just ask!

For more info on UE see here ---> UPDATED - A Full Guide to Unenforceability - allaboutFORUMS

Best thing to do is email the purported agreements you have received to Niddy, our CCA Guru and Forum Owner ---> agreements@all-about-debt.co.uk

The statement of account is irrelevant, it's the 'agreements' that matter. So Arrow claim not to be the creditor but they have sent you what they claim to be an agreement? Lots of MBNA accounts have been sold to Arrow ---> What to do when your account is Assigned? - allaboutFORUMS

I also have MBNA and RBS credit cards, both UE and not paid in over two years so with a bit of luck you may be able to forget about them.

Are you still paying them?

No, I have not paid them in a long time but not long enough for them to be statute barred. Or at least I do not think so.

[Never-In-Doubt]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Due to your good advice I managed to put the MBNA one into dispute with Arrow Global (Bryan Carter seem to have bailed out at this point)recently as they failed to produce a copy of the CCA within the allocated time period 12+2. However, they have since sent me a copy of what they say are the agreement and t&c. They claim they are awaiting a copy of the statement from the original creditor. They refute that they themselves are a creditor under the CC Act 1974 but admit the account is now in dispute. Not sure how to proceed with this one or do I just wait until they produce the statement?

If you have an agreement etc so far, please send me a copy (once you do a diary - see here: ---> Unenforceability Diaries - Read me First! - allaboutFORUMS )

There is no interest rate stated on the documents so far nor is there any indication of frequency of payments. There is however a copy of my signature, a signature purporting to be that of the original creditors representative (albeit scrawled across the box containing my address' and not as a line entry, and a credit limit although this is on a seperate sheet.

Can you email me a copy of the covering letter and the purported agreement please.....

agreements@all-about-debt.co.uk

Don't blank stuff out - it's safe to send it as-is.

As for the RBS debt. I received a copy of the CCA from Arrow Global with a covering letter despite my not having requested it in the first place. They must have realised a request would be forthcoming as they had just dealt with my request conerning MBNA. It seems to have all the prescribed terms, albeit cobbled together. The agreement is not signed as such other than a 'received for and on behalf of the issuer' in a stamped box at the top of the page.

doesn't necessarily need to be signed, again please send me a copy.....

Any ideas or shall I wait until I have scanned it all in for a response. Keep up the good work and expect a donation from me as soon as I get sorted. You reall are tops.

scan it in, do nothing yet until you've sent me the documents over - thanks

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Thanks Niddy. I will scan the docs in later today and email them across.

[Never-In-Doubt]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Thanks Niddy. I will scan the docs in later today and email them across.

Remember to start a diary (on this thread here - I will tidy it up later) by providing the info requested below...

To help me, to help you, please provide the following information for each account:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

Providing the above information, for each account helps me. Then, when you start the process lay your diary out in a format like this example

---> Example of perfect layout

All you have to do is read down, you'll see Pixie has placed each account in its own post with updates in colour under each so when she updates these, it is easier for me to spot any changes and advise accordingly.

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Okay here goes

MBNA Credit Card

• Type of account Credit Card
  
  
• Date commenced 2005
  
  
• Approx balance £3,160
  
  
• Date last paid No idea
  
  
• Are you on arrangement or not paying: Not paying
  
  
• Status in default
  
  
• Account owner Not sure either Arrow Global or MBNA
  

Late last year I started to receive letters from Bryan Carter Solicitors re the above account. In the end I sent them a CCA request with a cheque for £1 on the 2/2/2012

10/2/12 Received a letter from Bryan Carter stating that the account is on hold and the matter has been referred to their client.

Did not hear anything

22/2/12 Sent a deafault letter

29/2/12 Letter from Bryan Carter saying exactly the same as the first letter.

3/4/12 Received a letter from Arrow Global (strangely dated 22/2/12!!!) Stating they would be supplying the requested documents but denying they were the creditors as envisaged under the CCA 1974. However the title of the letter clearly states 'debt owed to Arrow Global' etc. They also returned my cheque. Maybe because I had made it out to Bryan Carters...not sure.
Also in the same envelope dated 30/3/12 was a follow on letter attached to what they claim to be a copy of the CCA. They confirmed the account was in default and that they are waiting for an original statement from the original creditor MBNA

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Hi have now emailed copies of both sets of docs and letters to Niddy.

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Could be bad news on the RBS one so I am now open to any suggestions

[baxta59]

RBS - Further Advice Please

Looks like as per my other post, the RBS CCA is enforcible.
Anyone got any other suggestions like could I slow the process up by seeking a potential hidden PPI claim?
All advice gratefully received.

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

What makes you think it could be bad news? RBS usually send application forms with no relevant terms and a few sets of random terms, which are UE. That was the case with me and I haven't paid them in over two years, then unleash a new DCA on a quarterly basis but all are easily fought off with our template letters. They then leave me alone for months - I last heard from them in January.



Threads merged.

It's best to keep related posts within the same thread to avoid confusion, that way we all know what we are replying to.
Di30 is the PPI reclaims specialist. What do you mean by 'hidden' PPI claim?

Just heard that some banks had hidden charges including PPIs. Might have heard wrong

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Nid told me that the CCA looks enforcible
However he did say do nothing for now so thats exactly what I will do

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

RBS
Just a thought. Would it be worth trying the statute barred route as I am not sure when the last time a payment was made? Should I write to them and ask for a statement showing the last credit to the account? Any ideas? Thanks

[baxta59]

Re: RBS & MBNA via Bryan Carter/Arrow Global

Out of the blue, on the 19/3/12 I received another letter from AG concerning another debt


RBS Mint Card

• Type of account Credit Card
  
  
• Date commenced 2005
  
  
• Approx balance £4,900
  
  
• Date last paid Once again, cannot remember
  
  
• Are you on arrangement or not paying Not paying
  
  
• Status Arrears
  
  
• Account owner AG writing to me but OC was RBS

This letter conveniently already had the CCA in it and was dated the 16/3/12 and gave me 21 days to respond otherwise further action would be taken. As I was away dealing with a loss in the family I did not receive this letter until yesterday.

13/4/12 Advised that the CCA is enforcible and to wait to see what they send next