Smallpaws UE Diary

[Smallpaws]

Re: Smallpaws UE Diary

Many thanks Both
Will keep calm and keep smiling.

Smallpaws.

[Never-In-Doubt]

Re: Smallpaws UE Diary

Hold fire on this. There's a template I did to Restons regards this plus it does go against them as they instigated chat with you. Don't sign / give in. Let me find the template I did regards this issue.

I need IF

Sorry for the delay - ok, below is something you'd send back to Restons..... Yes they'll write back again talking nonsense but it doesn't matter - the way they're behaving is unacceptable and will go heavily against them if and when they issue a claim. Presumably one of the letters they refused to acknowledge was the CCA Request? I presume you did send a request? If so then send the letter below, and attach to it a CCA Request (here) and the £1 fee.

If no CCA request was done then remove the paragraph regards the CCA at the bottom (it's in red font).

Dear Restons,

Ref 1: xxxxxxxxxx

I acknowledge receipt of your letter regarding the above account and can confirm that at present I intend to defend any claim that may be issued in this matter.

Notwithstanding the above, as you have been in communication with me (after instigating communication in the first place) and writing to the same person at the same address as you originally wrote to, I must remind you that your attempts to return letters that are unsigned will fall on deaf ears. There are no guidelines, legislation or case law that confirms your stance and therefore even though you may return unsigned letters, I am treating them as fully received and your actions will be used in any defence I may make as well as within my formal complaint to the Financial Ombudsman Service.

Back to your threats. As a consequence of the content of your recent letters, I am treating them as a Letter Before Action and I therefore request in accordance with the Pre-Action Protocol Practice Direction 1 6(c) that you provide me with disclosure of the following key documents central to any claim your client may intend making:

1. Credit agreement
2. Deed of Assignment
3. Notice of Assignment
4. Default Notice
5. Termination Notice
6. Statement of Account

I also made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to with the above account number. To date you have failed to comply with my statutory request and have defaulted in respect of this request. Additionally this alleged agreement is unenforceable until such time as you come out of default or until it is enforced by a court of law.

In the meantime, I 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 Financial Conduct Authority.

I look forward to receiving the documentation requested prior to any claim(s) being received.

Yours faithfully,


Sign Digitally

** Change the red font back to black prior to printing the letter if indeed you did send a CCA Request last time round.

[Smallpaws]

Re: Smallpaws UE Diary

HI Niddy

Thanks for this I will get it emailed 1st class recorded delivery tomorrow.

I did send the CCA request and they returned my £1 so I will send the lot through again and see what they come up with after that.

[Smallpaws]

Re: Smallpaws UE Diary

I had a letter fromt Stepchange today saying the NCO-Arrow have told them they are no longer dealing with the account. Stepchnage suggest I contact them to find out who is so they can pay them instead (£1 month) - which I am not planning to do.

When I sent Arrow the CCA request they did acytually unearth a copy of the agreement which is dated 27/08/98 so to me this is unenforceable?

Can I just check before I confirm to Stepchange to get them off the plan.

The plan won't be there much longer anyway as the CCJ is nearly finished and I will be losing touch with them.

Original creditor M & S Card - hubbys

• Type of account Credit Card
• Date commenced
• Approx balance £5501.97
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Sold to Arrow Global 05/03/2013
2014 05 31 - letter sent advising of Hubby's condition and change of payment
No response as yet
2014 12 02 - CCA letter sent

2014 12 09 - reply with PO returned by them

We acknowledge your request for documentation pursuant to the CCA a974.

We will process your request for documentation from the originating creditor and will revert in due course.

All collection activity will be suspended pending provision of the documentation.

2015 02 02 - letter received stating they are still seeking a copy of the paperwork and the account is still on hold.

2015 02 11 - copy of card application received - total sum outstanding now 5497.97 and stating ' the amount which will become payable comprise interest and costs, depending on what enforcement action is taken against you.

2015 08 28 - posted letter today requesting consideration of write off due to hubby's condition and the fact he willnever be able to return to work. Enclosed a copy of letter from consultant "..requires 24/7 support to meet his needs...."

[Undercover Elsa]

Re: Smallpaws UE Diary

Hi Smallpaws,
There's only one way to find out Can you scan the agreement into a pdf and send it unedited to Niddy for checking? ( webmaster@all-about-debt.co.uk )
ID the file with your username etc, put your user name and CCA for checking in the subject line, plus a link to this thread in the body.

Did they send full terms and conditions from inception, plus the latest T&C's?
Some agreements are also unenforceable from the outset. Is there any PPI on it?


Elsa xxx

[Smallpaws]

Re: Smallpaws UE Diary

Hi Elsa

THey have sent the origanl appliction copies which has T & C and also another set of T &C which is date Oct 2013.

There was no PPI on this. Hope Niddy can read it though as the copies were quite dark to start with!

Smallpaws.x

Hi Smallpaws,
There's only one way to find out Can you scan the agreement into a pdf and send it unedited to Niddy for checking? ( webmaster@all-about-debt.co.uk )
ID the file with your username etc, put your user name and CCA for checking in the subject line, plus a link to this thread in the body.

Did they send full terms and conditions from inception, plus the latest T&C's?
Some agreements are also unenforceable from the outset. Is there any PPI on it?


Elsa xxx

[Undercover Elsa]

Re: Smallpaws UE Diary

See what Niddy thinks to it

[Smallpaws]

Re: Smallpaws UE Diary

Letter from Restons dated 18th Feb

Same as last time - they didn't like the typed signature and returned the £1.00 - looks like I will have to sign this in some way. Perhaps I should use my south paw instead of my north paw?

[Smallpaws]

Re: Smallpaws UE Diary

HELP!

I have just received a County Court Claim Form!

I have 14 days to reply to Restons acting for Arrow Global Guernsey LTD, ackowleding service and giving my personal and employment details.They want full disclosure of expenses - the usual lot.

Urgent advice needed please.

[Never-In-Doubt]

Re: Smallpaws UE Diary

& calm. Slow down.

You had a claim - ok. It's regular occurrence. Please email it me then we'll guide you further. Don't stress and do not respond to it / Restons until we say.

[Never-In-Doubt]

Re: Smallpaws UE Diary

Letter from Restons dated 18th Feb

Same as last time - they didn't like the typed signature and returned the £1.00 - looks like I will have to sign this in some way. Perhaps I should use my south paw instead of my north paw?

I am so glad you didn't do this.

Their behaviour will help you. Jo is already aware as we have discussed this case so calm down. Email me the claim form and the recent letters and their replies. Right now Restons have serious issues

[PlanB]

Re: Smallpaws UE Diary

HELP!

I have just received a County Court Claim Form!

I have 14 days to reply to Restons acting for Arrow Global Guernsey LTD.

smallpaws.

I know it's hard not to panic when a claim arrives but it's only 4 pieces of A4 paper - it can't bite you.

When you pick yourself up off the floor can you start a new thread especially for this claim in the Legal Section here >

http://forums.all-about-debt.co.uk/s...l=1#post461134

Is the claim for this debt in your UE Diary post # 109?

You haven't said the account opening date but I see it went into a DMP in July 2007 so with any luck it will have been opened before April 2007.

Posted 6th February 2016:

this account was passed to Arrow Global at some point and on 17th Feb last year it was sold again to Restons Solicitors who have had no money from me via Step Change who are still 'managing my account'..

I have now received a letter dated 3rd Feb 2016:

We are instructed to claim immediate payment from you of the outstanding balance on your account, being £7319.40.

• Type of account Credit Card
• Date commenced
• Approx balance £7325.40
• Date last paid 27/10/14
• Are you on arrangement or not paying DMP with Stepchange
• Status added to DMP 19/07/2007

Sold to First Revenue 03/11/2008
Sold to Westcot Credit Services 15/06/2010
2014 05 31 - letter sent advising of Hubby's condition and change of payment
2014 06 10 - reply form them expressing sympathy and stating they will work with me with whatever Stepchange advise
2014 10 30 - Stepchange wrote to me saying that they had a payment returned from Westcot as they couldn't find which account is applied to
2014 11 16 - emailed Stepchange asking why - they have been receieving monies for some time - no reply yet.

[/QUOTE]

We're all here to help you through this

Plan B x

[Pixie]

Re: Smallpaws UE Diary

Hi Smallpaws. Sorry to hear you've got a claim just when other things were going well.

You're in good hands here so panicking isn't allowed

[Undercover Elsa]

Re: Smallpaws UE Diary

Ahhh I've just pm'd the same instructions too before I saw this.

[Smallpaws]

Re: Smallpaws UE Diary

Thanks all - I have an old statement from MBNA who I originally had the card with and it was well before Feb 2007 that I opened it.

Sorry about the panic - we've worked so hard and done so well it came as a bit of a shock.

Have had tea and biscuits now - calmer if not quite smiling.

] smallpaws.

I know it's hard not to panic when a claim arrives but it's only 4 pieces of A4 paper - it can't bite you.

When you pick yourself up off the floor can you start a new thread especially for this claim in the Legal Section here >

http://forums.all-about-debt.co.uk/s...l=1#post461134

Is the claim for this debt in your UE Diary post # 109?

You haven't said the account opening date but I see it went into a DMP in July 2007 so with any luck it will have been opened before April 2007.

Posted 6th February 2016:



We're all here to help you through this

Plan B x