My diary

[sjd67]

Re: My diary

Have just found my original CCA request sent to Arrow on 25/09/09

[sjd67]

Re: My diary

Brilliant thanks very much will get it off to them on Monday

[Never-In-Doubt]

Re: My diary

Morning

Ok try sending this back to Rossendales.... Take a copy of it, and also the two letters from rossendales dated 8th & 10th and attach them to the letter with a copy of your hardship request to write off the debt that you sent.

Make sense?

So you're sending a copy of everything, to both Arrow and to Rossendales as follows;

• This letter
• Copy of rossendales letter of 8th october
• Copy of rossendales letter of 10th october
• Copy of your letter to rossendales (from the other day)

Obviously you need to edit the parts shown in the template, in red.

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter(s) dated 8th & 10th October 2012 with some severe concerns which requires your immediate attention.

I wrote to you on xx October 2012 clearly outlining my position and total inability to settle this debt due to my personal circumstances and illness. In response to this you decided it'd be fun to create an offer for me, and send your client confirmation of this offer, even though I never (at any point) made an offer. I do not have £10 per month and even if I did, it would be for me to make any such agreement, not you. Just who do you think you are? You cannot go around making offers on other peoples behalf; this account is also disputed and has been ever since the original creditor failed to adequately respond to my lawful s.78 request. This request remains outstanding and the fact no offer has been made, based on my having a viable dispute over the whole account, provide additional reason not to make any offers with you.

Going back to my letter of xx October 2012, please pay attention to the content and respond in kind, regardless, in order to be able to adjudge my position effectively I still require a "true copy" of the actual agreement that apparently exists. I also require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT. I do, after all, make my request in good faith and I feel you would take advantage of your position and such an approach from your business would not be in the best interests of a healthy business/client relationship. In light of the above, I consider this account to be unenforceable until such time you properly comply with my original s.78 request and send a copy of the original purported document, if it exists. If it does not, then you must confirm this to me in line with your licensing guidance.

If you feel you cannot write off the debt based on my illness and pure inability to pay, due to severe hardship, then I suggest you at least comply with my s.78 request and send me an agreement along with full details of your internal policies regards to severe financial hardship cases which as you're no doubt aware, does restrict the action you are able to take and also protects me against unjust threats and bullying whilst you fairly assess my financial position. I have made it clear that I cannot afford anything and my illness prohibits that changing in the future hence writing off the balance is the best alternative all round.

A copy of this letter has been forwarded to your client, Arrow, as I am sure they'll be interested to know that you make offers for people without their knowledge. On that note please send me confirmation and proof of how such an offer was applied to this account, which should be interesting to say the least.

As a result of the above and the fact this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a copy of the original agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming.

Yours faithfully,


Sign Digitally

[sjd67]

Re: My diary

Absolutely maybe they should change their name to Jackanory

[MrsD]

Re: My diary

ah so this arrangement is a wee figment of their imagination

[sjd67]

Re: My diary

Just had a look at their previous letter dated 4/10 and that says "we have set your payment at £10".

[sjd67]

Re: My diary

Can you clarify, they are suggesting you have made an offer when you never?

I'll check emails later, but as at now - nothing from you in my inbox (agreements@all-about-debt.co.uk)

I will resend but definitely confirming an offer I never made. On Monday I sent you the 2 letters I had received off them. The first one saying the debt had been passed to them and the 2nd one demanding the £10 a month. I will resend the 2 I received today as I sent them a couple of hours ago.

The only letters were the first one saying I couldnt pay anything and the one you saw pleading financial hardship

Have just emailed again

[Never-In-Doubt]

Re: My diary

Well they had better advise them that they were lying then, as my understanding of agreement and arrangement differ to theirs

Can you clarify, they are suggesting you have made an offer when you never?

I'll check emails later, but as at now - nothing from you in my inbox (agreements@all-about-debt.co.uk)

[sjd67]

Re: My diary

Going off what a bunch of shysters they are I wouldnt put it past them.

[ScabHunter]

Re: My diary

If this case ever reaches a court, they will need to produce a witness statement and give evidence of the letter you sent them making the alleged offer. Unless they were prepared to resort to criminal forgery, they might find that rather difficult.

They are doing you far more favours than they are doing themselves, so make sure you retain all paperwork.

You will obviously need to challenge them at this point, but they have already dug the hole for themselves and have no escape.

SH

[sjd67]

Re: My diary

The letter dated the 8th states:

We write to confirm acceptance of your offer to settle this debt. The instalments agreed today are as follows, Arrangement £10 every 31 days.

Letter dated 10th states:
We refer to the above and the arrangement agreed with you for payment of your debt. We have immediately advise Arrow Global that an arrangement has been agreed....


Well they had better advise them that they were lying then, as my understanding of agreement and arrangement differ to theirs

[sjd67]

Re: My diary

I was thinking of that, will see what Niddy has to say as I dont want to go jumping the gun, as their letters crossed with my reply to them that he got me to send

[Still Waving]

Re: My diary

Received 2 letters today off Rossendales confirming acceptance of the agreement to pay £10 per month. Quite incredible that they have the nerve to claim I have agreed to pay them anything. Letters ,must have crossed with mine but have emailed them to Niddy anyway

I would be tempted to demand they produce written evidence of your non-existent offer, failing which you will report them to the appropriate authority.

[sjd67]

Re: My diary

Received 2 letters today off Rossendales confirming acceptance of the agreement to pay £10 per month. Quite incredible that they have the nerve to claim I have agreed to pay them anything. Letters ,must have crossed with mine but have emailed them to Niddy anyway

[mk_chatham]

Re: My diary



Just wanted to say you are in safe hands here, get the letter sent off and make sure you keep the receipt somewhere safe. I staple mine to a copy of the letter - just in case it's needed at a later stage.

Good luck, I'm sure you'll sleep better now.

MK