Invisible Man's UE diary

[The Tech Clerk]

di@joannaconnollysolicitors.co.uk send her the claim form copy>?

[InvisibleMan]

Just because a credit agreement may be 'enforceable' that doesn't necessarily mean you won't have other legal arguments for your Defence if a claim is issued.

What is the precise name of the owner of this debt - is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd? It matters

Di

Di, I am so sorry, somehow I completely overlooked your response above. I must be in an alternative universe! It is Arrow Global Ltd. They have just issued a claim, so I will need to contact you re advice as how to proceed.
IM

[Joanna Connolly Solicitors]

Re: Invisible Man's UE diary

SAINSBURYS BANK 1

Credit card
Date commenced: 2008
Approx balance: £3000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: Arrow Global
DCA: Moorcroft

Key:
Red text = creditor action
blue text = my action
green text = comment

2009
April DMP started
Aug S87 default notice served
Oct 31st Notice of intended litigation from Moorcroft
2010
Jan 7th Send letter to Moorcroft requesting docs under CPR
Jan 22nd Moorcroft reply stating they are in the process of obtaining a copy of the consumer credit agreement.
Feb 15th Moorcroft letter enclosing "requested documentation". All it contains is copy statements, but no agreement. The agreement was never supplied.
2017
Jan Stop DMP payments
Mar 17th Moorcroft send settlement offer. ignored
June 15th Letter from Moorcroft stating they are trying to contact me. Ignored
June 16th Receive statement of account from - wait for it - Arrow Global, also informing me that the account was assigned to them in April 2013, and that Moorcroft are managing the account on their behalf. Nice of them to tell me the account was assigned 4 years ago, as I've never previously received any notice of this I have never sent a SAR or CCA request.
June 22nd s.77-79 CCA request sent to Arrow Global
June 22nd SAR sent to Sainsburys
June 30th Letter from Sainsburys re the SAR, asking me to sign on the dotted line (literally) and return to them, so they can "complete their security checks". Methinks I'm not giving them my signature (SAR letter was typed signature). Can they refuse to comply without it?
July 7th Letter from Arrow Global stating they do not accept they "are the creditor as envisaged by the above statute", but they will assist in obtaining the requested docs. Collection activity suspended pending provision of docs etc.
August 2017 Letter from Arrow saying they're still waiting for docs from OC
September 2017 Letter from Arrow saying they're still waiting

2018

October Letter from Arrow responding to CCA request, enclosing copy agreement.

2019

January Letter from Arrow saying account transferred to Drydens
January Chase letter from Drydens. Ignored.

February LBC received from Drydens. Am sending agreement to Niddy for checking, before responding to LBC

February Niddy says

Just because a credit agreement may be 'enforceable' that doesn't necessarily mean you won't have other legal arguments for your Defence if a claim is issued.

What is the precise name of the owner of this debt - is it Arrow Global Ltd or Arrow Global (Guernsey) Ltd? It matters

Di

[Warwick65]

I noticed on your thread you said you were not giving Sainsbury your signature. Is that still the case

As far as I am aware, as this is a data protection request they have every right to ensure they are sending the data to the right person and generally a signature is one of the requirements. Some banks ask the person to go into branch to collect their data but Sainsbury must be different.

I really can't see any harm in giving them your signature - they probably have it anyway . If it is a worry, change it slightly and keep a copy

[InvisibleMan]

Have you ever sent a SAR to Sainsbury Bank. If they do issue a claim you may need that info

Yes, as per my thread, I am following up.

Did you keep the S87(1) notice?

Yes

[InvisibleMan]

The general approach is NOT to give the DCA time to get their chickens in a row.

With CCA's S.77/78 this is for Information purposes NOT proof purposes. Also UE is a matter of opinion!!
So my thoughts for the LBC is to time your return until the say last week!!.
tick box D, debt in dispute due to non compliance with CCA request
Throw the Ball back into their court!!

Thanks Roger, I agree that is the way to go.
IM

[Warwick65]

Have you ever sent a SAR to Sainsbury Bank. If they do issue a claim you may need that info

Did you keep the S87(1) notice?

[Roger]

Thanks Spud. As you can see Niddy says EN. Plenty of time on LBC response, but unsure of next steps.
I realise looking back at the diary that I never followed up the SAR with the OC after their signature request, so I guess I need to resurrect that soon as.
Cheers IM

The general approach is NOT to give the DCA time to get their chickens in a row.

With CCA's S.77/78 this is for Information purposes NOT proof purposes. Also UE is a matter of opinion!!
So my thoughts for the LBC is to time your return until the say last week!!.
tick box D, debt in dispute due to non compliance with CCA request
Throw the Ball back into their court!!

[InvisibleMan]

Sounds as though you have got everything in order with the Sainsburys account ( Drydens )......Have you now sent the agreement to Niddy?

Fingers crossed ref the agreement

Keep an eye on the timescales to reply to the LBC

Thanks Spud. As you can see Niddy says EN. Plenty of time on LBC response, but unsure of next steps.
I realise looking back at the diary that I never followed up the SAR with the OC after their signature request, so I guess I need to resurrect that soon as.

Cheers IM

[InvisibleMan]

Re: Invisible Man's UE diary

SAINSBURYS BANK 1

Credit card
Date commenced: 2008
Approx balance: £3000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: Arrow Global
DCA: Moorcroft

Key:
Red text = creditor action
blue text = my action
green text = comment

2009
April DMP started
Aug S87 default notice served
Oct 31st Notice of intended litigation from Moorcroft
2010
Jan 7th Send letter to Moorcroft requesting docs under CPR
Jan 22nd Moorcroft reply stating they are in the process of obtaining a copy of the consumer credit agreement.
Feb 15th Moorcroft letter enclosing "requested documentation". All it contains is copy statements, but no agreement. The agreement was never supplied.
2017
Jan Stop DMP payments
Mar 17th Moorcroft send settlement offer. ignored
June 15th Letter from Moorcroft stating they are trying to contact me. Ignored
June 16th Receive statement of account from - wait for it - Arrow Global, also informing me that the account was assigned to them in April 2013, and that Moorcroft are managing the account on their behalf. Nice of them to tell me the account was assigned 4 years ago, as I've never previously received any notice of this I have never sent a SAR or CCA request.
June 22nd s.77-79 CCA request sent to Arrow Global
June 22nd SAR sent to Sainsburys
June 30th Letter from Sainsburys re the SAR, asking me to sign on the dotted line (literally) and return to them, so they can "complete their security checks". Methinks I'm not giving them my signature (SAR letter was typed signature). Can they refuse to comply without it?
July 7th Letter from Arrow Global stating they do not accept they "are the creditor as envisaged by the above statute", but they will assist in obtaining the requested docs. Collection activity suspended pending provision of docs etc.
August 2017 Letter from Arrow saying they're still waiting for docs from OC
September 2017 Letter from Arrow saying they're still waiting

2018

October Letter from Arrow responding to CCA request, enclosing copy agreement.

2019

January Letter from Arrow saying account transferred to Drydens
January Chase letter from Drydens. Ignored.

February LBC received from Drydens. Am sending agreement to Niddy for checking, before responding to LBC

February Niddy says

Update

[Spud]

Sounds as though you have got everything in order with the Sainsburys account ( Drydens )......Have you now sent the agreement to Niddy?

Fingers crossed ref the agreement

Keep an eye on the timescales to reply to the LBC

[InvisibleMan]

Re: Invisible Man's UE diary

SAINSBURYS BANK 1

Credit card
Date commenced: 2008
Approx balance: £3000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: Arrow Global
DCA: Moorcroft

Key:
Red text = creditor action
blue text = my action
green text = comment

2009
April DMP started
Aug S87 default notice served
Oct 31st Notice of intended litigation from Moorcroft
2010
Jan 7th Send letter to Moorcroft requesting docs under CPR
Jan 22nd Moorcroft reply stating they are in the process of obtaining a copy of the consumer credit agreement.
Feb 15th Moorcroft letter enclosing "requested documentation". All it contains is copy statements, but no agreement. The agreement was never supplied.
2017
Jan Stop DMP payments
Mar 17th Moorcroft send settlement offer. ignored
June 15th Letter from Moorcroft stating they are trying to contact me. Ignored
June 16th Receive statement of account from - wait for it - Arrow Global, also informing me that the account was assigned to them in April 2013, and that Moorcroft are managing the account on their behalf. Nice of them to tell me the account was assigned 4 years ago, as I've never previously received any notice of this I have never sent a SAR or CCA request.
June 22nd s.77-79 CCA request sent to Arrow Global
June 22nd SAR sent to Sainsburys
June 30th Letter from Sainsburys re the SAR, asking me to sign on the dotted line (literally) and return to them, so they can "complete their security checks". Methinks I'm not giving them my signature (SAR letter was typed signature). Can they refuse to comply without it?
July 7th Letter from Arrow Global stating they do not accept they "are the creditor as envisaged by the above statute", but they will assist in obtaining the requested docs. Collection activity suspended pending provision of docs etc.
August 2017 Letter from Arrow saying they're still waiting for docs from OC
September 2017 Letter from Arrow saying they're still waiting

2018

October Letter from Arrow responding to CCA request, enclosing copy agreement.

2019

January Letter from Arrow saying account transferred to Drydens
January Chase letter from Drydens. Ignored.

February LBC received from Drydens. Am sending agreement to Niddy for checking, before responding to LBC

Update

[InvisibleMan]

[QUOTE=InvisibleMan;n1519280][QUOTE=InvisibleMan;n1519110]

Re: Invisible Man's UE diary

HALIFAX (BANK of SCOTLAND)

Credit card
Date commenced: 2002
Balance approx: £4,000
Date last full payment: 2009
Currently not paying
Status in arrears, defaulted 2009
Account owner: PRA

Key:
Red text = creditor action
blue text = my action
green text = comment


2009
Sept S.87 default notice served by Halifax
2010
Feb 1st SAR sent to Halifax
Feb 19th Reply from Halifax. Includes Recon copy of 'agreement', which appears to be just T&Cs (See my comment at bottom of post). State they will send original agreement under separate cover. Warning about not using the services of a claims management company!
Mar 1st Send letter to Halifax pointing out I made a subject access request, not S.78, therefore I want a copy of the original agreement. They did not respond to this letter
Mar 6th Letter from Halifax admitting they are unable to provide a copy of the original agreement
2013
July 8th Letter from Halifax stating account assigned to Activ Kapital
July 8th Letter from Aktiv Kapital stating they have purchased account from LLoyds(!?). Since then it has always been referred to as a Lloyds account
2014
Nov letter received saying Activ Kapital has changed name to PRA Group
2015
Jan letter received saying account assigned to PRA No notice of assignment received
2017
Jan Stopped payments
May letter received demanding payment Ignored
June letter before claim received from PRA investigation & litigation dept. Letter demands response within x days or court proceedings will be issued
June 6th S.77-79 & LBA request letters sent to PRA
June 14th Letter recvd from PRA in response to CCA request stating account on hold whilst they obtain requested information.
June16th Letter recvd from PRA asking me to complete and return income & expenditure. Ignored
June 18th Agreement sent to to Niddy

Apart from the recon 'agreement' Halifax sent me above in response to SAR, I also have what I believe may be an original, similar, document when opening the account. However, they have very different content. Both sent to Niddy

June 25th Niddy says the 'agreements' are just random terms, so are Advised to send missing PTs template if they pursue it

August 2018 - over a year later - letter received from PRA in response to my S.77-79 & LBA request, enclosing a 'copy' of alleged agreement. Ignored.
November 2018 Letter before Claim received from PRA dated November, requiring response deadline later in December
December 2018 Agreement sent to Niddy
December 12th Niddy says the latest agreement is illegible and missing terms, so is
December 14th LBC response returned disputing the debt as in default of S.77/78 CCA request
December 21st Letter from PRA acknowledging account in dispute and placed on hold
January 2019 Further letter from PRA saying they are awaiting information and account still on hold
March 2019 Letter from PRA admitting they are unable to satisfy Sec 77-78 request because OC cant supply original docs, so they are classifying the debt as

Update

[InvisibleMan]

Thanks Roger, will do.

[Roger]

The LBC response can then be
tick Dispute the debt

Simply say in default of S.77/78 CCA request.
(Nothing else)