Letter of claim -Arrow

[Perth81]

Hello everyone,
i have recently received a letter of Claim ( at least that’s what is stated in it, to my eyes it looks as letter before claim) from Drydens fairfax solicitors, acting on behalf of Arrow.
Prior to it i had received mail from the same office asking me to contact them for settling the matter , which I didn’t. In that mail they had asked me to respond to them until a certain date but before even the deadline expired they rushed into sending me the fore-mentioned letter of claim. The debt itself regards a credit card agreement commencing on mid-2015 ( approx. £1700) and was defaulted probably a year later or a bit longer.
It has been managed by various debt collectors ( who offered discount) including capquest. The last, had contacted me 5 months ago by phone and i can recall asking them for a credit card agreement copy that they never provided, instead they sent me mail informing me that they were working towards it and they should come back to me by middle of July that they never did apart from trying to call me on the phone. Shortly after it the debt was returned back to Arrow, then arrow notified drysden sols and now this letter of claim.
The letter itself claims that it contains a statement of the account where i can only see the agreement date and the current balance.
It states that I have 30 days deadline to reply and provides the usual options- boxes to tick- if i agree that i owe the full or part of the debt and if I don’t know whether i owe it.
Is it reasonable that they couldn’t wait for the first deadline of settlement to pass before sending the letter of claim?I can clearly see the dates don’t match.
Does my verbal ( by phone) asking of a credit card agree forms a formal request that they couldn’t satisfy, hence my case should go back to it?
Should i respond to the letter of claim stating that i am not aware of the debt and make a formal request of the agreement and all the previous transfers of the debt between debt collectors?
Finally can someone send me a link to the debts diary so i can write down all of my debts and work towards a solution?
Many thanks to the community members, i really feel obliged to some of you for your helpful advice.

[Never-In-Doubt]

Joanna Connolly

[Timewilltell]

Have you done a formal CCA request? If not then I would use the template on here to send a CCA request with the statutory £1 fee (via postal order if possible) immediately to Arrow. Keep a copy for yourself and a second copy in preparation to send to Drydens.
When is your 30 day deadline up?
I would, if you have time, wait ten days then send the form back ticking box D and attach a copy of the cca request. You may even if had a response from Arrow by then which you may be able to attach- depending on their response of course. But that’s a week or so away so don’t rush that now….
In the mean time have you done a diary so we can follow the history of this debt? A link to it if so please. Once we see the diary, options may or may not be different.

[Night Monkey]

Debts diaries here:

https://all-about-debt.co.uk/forum/d...bility-diaries

Preferred format, one post in the diary for each debt:

Type of account (credit card/loan/overdraft)
Date commenced
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 or a debt purchaser)

Requote the post (or copy & paste) each time you need help with a question or get correspondence etc.

Good luck...

[Joanna Connolly]

Have you done a formal CCA request? If not then I would use the template on here to send a CCA request with the statutory £1 fee (via postal order if possible) immediately to Arrow. Keep a copy for yourself and a second copy in preparation to send to Drydens.
When is your 30 day deadline up?
I would, if you have time, wait ten days then send the form back ticking box D and attach a copy of the cca request. You may even if had a response from Arrow by then which you may be able to attach- depending on their response of course. But that’s a week or so away so don’t rush that now….
In the mean time have you done a diary so we can follow the history of this debt? A link to it if so please. Once we see the diary, options may or may not be different.

Hi Perth81

When you make the S.78 CCA request we advise that as it is an important document that you send it by special delivery. If you send by recorded delivery then in most cases evidence of delivery cannot be obtained from the Royal Mail track and trace system.

There is also no need to attach any documents to any response you may or may not choose to make to the Pre Action letter.

It is not compulsory for you to respond to the pre action letter. There are arguments both for, and against. Which is right for you depends on your individual circumstances, which only you know and the other posters, however well meaning, do not.

Arrow has indicated to you that they are intending to issue a claim by sending you the pre action letter. If posting a diary be careful about the information you are posting on a public forum.

[Timewilltell]

Whilst it is not compulsory for you to respond to the Pre action letter, nor attach any letters/documents, give consideration to this, if you do and it stops them/delays them from proceeding with a claim then you’ve bought yourself some more time to gain more knowledge, for knowledge is power -any solicitor will tell you that.
If it doesn’t stop the claim then you’ve neither gained nor lost for you will need to seek the help of the solicitor regardless and you can bet your bottom dollar the solicitor will only ask for the CCA compliance?

[Joanna Connolly]

Whilst it is not compulsory for you to respond to the Pre action letter, nor attach any letters/documents, give consideration to this, if you do and it stops them/delays them from proceeding with a claim then you’ve bought yourself some more time to gain more knowledge, for knowledge is power -any solicitor will tell you that.
If it doesn’t stop the claim then you’ve neither gained nor lost for you will need to seek the help of the solicitor regardless and you can bet your bottom dollar the solicitor will only ask for the CCA compliance?

The pre-action protocol for debt which can be accessed here : https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf makes it clear at paragraph 8.2 that if the limitation period is about to expire then the creditor does not have to follow the pre action protocol and can issue proceedings without first providing any requested documentation .

So an alternative scenario is that in cases where limitation is fast approaching and the alleged debt will be statute barred you are confirming to the creditor that a) you live at the address, b) you are concerned about court proceedings so are more likely worth pursuing though it may be defended, c) the paperwork they need to get in advance of issuing the claim and d) alerting them to possible issues

I have seen other posters advise sending another CCA request with the response to the letter before claim. If a S.77/78 CCA request has been made which either a) the creditor has not complied with, so it is unenforceable under either s.77 (4) or S.,78 (6) CCA or b) the documentation the creditor has provided does not satisfy the requirements then there is no advantage in sending a further S.77/78 CCA request at this stage. Alternatively if no CCA request has been previously made then if limitation is approaching, as above, they can still issue proceedings.

This list is not exhaustive.

Another scenario is that you contact the creditor and make arrangements to pay the debt.

Or another possible scenario is that being a member of the AAD forum you contact solicitors for free legal advice before making a decision on what you want to do.

[Timewilltell]

So there you go both sides of the argument, now you decide!!

[Colin G Quinn]

Hi Perth81 ,

Who does the letter of claim identify as the original creditor?

[Never-In-Doubt]

Whilst it is not compulsory for you to respond to the Pre action letter, nor attach any letters/documents, give consideration to this, if you do and it stops them/delays them from proceeding with a claim then you’ve bought yourself some more time to gain more knowledge, for knowledge is power -any solicitor will tell you that.
If it doesn’t stop the claim then you’ve neither gained nor lost for you will need to seek the help of the solicitor regardless and you can bet your bottom dollar the solicitor will only ask for the CCA compliance?

This isn't the AAD way though. Let me explain, in my words being it's my forum and I know more than anyone what we set out to achieve.

Firstly, when I set up AAD it was to offer a home to people who could post openly and honestly about their debts, without ridicule. Nobody in all our years has ever survived typing "you spent it so pay it back". To us, that's irrelevant. People don't need a lecture. They need help. They need support. They need tips on how best to deal with their specific problem.

That's where we come in and what I set out to achieve, and have done so for almost two decades on various platforms. AAD is my baby. It always has been. It really is a case of "it's my way or the highway". It's not up for discussion. It's not a debate. It's what I want. It works. It's worked successfully for almost two decades and thus it'll continue to be that way.

Secondly, as Joanna has posted above; it's not as black & white to just say "send a CCA". It's one (of many) ways to delay and / or correct things to protect you but it can also be detrimental which is why we always request more info prior to advising the next course of action. I won't repeat what Jo has said above but there's been at least 3 cases on AAD where had the user not responded to a LBA (with a s.78 request) then they'd probably not have a CCJ to this day. That's what rushing in can do.

The flip side; we've successfully overturned many judgments and members have been refunded tens of thousands - so my mantra is, has always been; and always will be "no two cases are the same"!

The best advice ANYONE on AAD can do if they get a legal threat or a claim, is to contact myself or any of the legal team on the forum. Then and only then would we recommend they consider a response, if any.

In your case, I don't know the specifics, you could have really messed up if you sent in a CCA request. Depending on the amount of the debt, it's always prudent getting legal advice. I've always done this dating back to Andrew Watson (ex solicitor) so I'd of course encourage anyone on here to follow the same path.

I appreciate opinion. I love debate. But see when it can affect people's lives; it's just not worth it. Speak to our solicitor for free. Then decide.

But please, don't assume your stalling tactic will work on everyone. As said, no two cases are the same.

Admin.

[Perth81]

Hi Perth81 ,

Who does the letter of claim identify as the original creditor?

The debt refers to a Virgin credit card.

[Perth81]

This isn't the AAD way though. Let me explain, in my words being it's my forum and I know more than anyone what we set out to achieve.

Firstly, when I set up AAD it was to offer a home to people who could post openly and honestly about their debts, without ridicule. Nobody in all our years has ever survived typing "you spent it so pay it back". To us, that's irrelevant. People don't need a lecture. They need help. They need support. They need tips on how best to deal with their specific problem.

That's where we come in and what I set out to achieve, and have done so for almost two decades on various platforms. AAD is my baby. It always has been. It really is a case of "it's my way or the highway". It's not up for discussion. It's not a debate. It's what I want. It works. It's worked successfully for almost two decades and thus it'll continue to be that way.

Secondly, as Joanna has posted above; it's not as black & white to just say "send a CCA". It's one (of many) ways to delay and / or correct things to protect you but it can also be detrimental which is why we always request more info prior to advising the next course of action. I won't repeat what Jo has said above but there's been at least 3 cases on AAD where had the user not responded to a LBA (with a s.78 request) then they'd probably not have a CCJ to this day. That's what rushing in can do.

The flip side; we've successfully overturned many judgments and members have been refunded tens of thousands - so my mantra is, has always been; and always will be "no two cases are the same"!

The best advice ANYONE on AAD can do if they get a legal threat or a claim, is to contact myself or any of the legal team on the forum. Then and only then would we recommend they consider a response, if any.

In your case, I don't know the specifics, you could have really messed up if you sent in a CCA request. Depending on the amount of the debt, it's always prudent getting legal advice. I've always done this dating back to Andrew Watson (ex solicitor) so I'd of course encourage anyone on here to follow the same path.

I appreciate opinion. I love debate. But see when it can affect people's lives; it's just not worth it. Speak to our solicitor for free. Then decide.

But please, don't assume your stalling tactic will work on everyone. As said, no two cases are the same.

Admin.

Thanks for the advice! Obviously anyone with a debt would consider legal representation if that works to his favour. Nevertheless, the great thing about AAD is the willingness of certain people in here to provide advice that isn’t accessible anywhere else ( personal view). Debt charities also help but they tend to push for DMP’s. A million thanks ?

[Colin G Quinn]

Hi,

If you would like to email me a copy of the letter of claim, my email address is in my legal disclaimer below, and I'd be happy to take a look at it for you.

Then I would post some further advice on this thread and you'll hopefully be better placed to decide how best to proceed in your specific case.

There is no fee payable by you for that and, of course, no obligation for you to accept or follow my advice.

The fact you say it relates to a Virgin facility is interesting as a lot of Virgin agreements I have seen are either unenforceable, or do not turn out to be Virgin agreements at all. This may be why your request for the agreement appears to have been ignored.

[Perth81]

Hi,

If you would like to email me a copy of the letter of claim, my email address is in my legal disclaimer below, and I'd be happy to take a look at it for you.

Then I would post some further advice on this thread and you'll hopefully be better placed to decide how best to proceed in your specific case.

There is no fee payable by you for that and, of course, no obligation for you to accept or follow my advice.

The fact you say it relates to a Virgin facility is interesting as a lot of Virgin agreements I have seen are either unenforceable, or do not turn out to be Virgin agreements at all. This may be why your request for the agreement appears to have been ignored.

I will do Colin! Thank you!

[Colin G Quinn]

No problem. Happy to help.