Hi All,

It's been a long time since i've posted here, as I've heard very little from various DCAs after they failed to produce CCAs for various accounts.

In May, i'm looking forward to defaults getting removed from my credit report and finally starting with a clean slate... or so I thought.

At the end of last week I received a letter from Blake Lapthorn Solicitors, on behalf of Arrow Global Guernsey (so they use foul tactics to squeeze money from cheaply-purchased debts... then store the cash off shore? Classy). They claim I owe over £4k.

Before this letter arrived, I had never heard of Arrow Global.

The letter gives me seven days to stick over £4k in the post or they'll issue court proceedings.

After receiving the letter, I set up an Equifax report, to find that Arrow Global entered a default for this account at an old address in 2008.

As far as I can tell, it's an old Mint credit card that has been in dispute since 2008

(dodgy cca and non-response to full sar, the ICO and FOS were involved).

However, this account defaulted back in 2006,

meaning Arrow Global have incorrectly added the default (and effectively given me 8 years worth of default in the process).

I'm usually pretty good at seeing DCAs and their Solicitors off,

however I can't find anything in CAG re: Blake Lapthorn.

I have read a few threads that show Arrow sneaking CCJs through with help from Bryan Carter,

so I'm trying to establish if I should write a prove it letter to them (ready to go but not posted just yet),

or to file under 'ignore' like so many of these letters before.

The manipulation of my credit report has realy got my back up, mind.

I don't have a copy of the original default (there might be one in the garage if I search extensively),

however the default was definitely May 2006 as I went into a DMP at that time.

The only creditor that dragged out the default was MBNA.

So, CAG, what should I do next?

Thanks in advance for your help...

Update:

just dug the old SAR out from the garage.

As noted, I complained to the FOS and ICO as it was incomplete (the FOS actually gave them a slap on the wrist,

which means they must have done something wrong,

i've found the FOS to be useless in most circumstances).

they sent me statements and copies of a few of (but not all) letters I had sent to them.

The SAR was disputed as no CCA (there was aa cheeky letter saying it will arrive 'under separate cover', but it never did),

and no default notice were included,

so I would need to track down a copy of the original default somehow.

Hi all,

I've just received a claim form from Bryan Carter for an old mint card. THe form has actually arrived at my father's house, so I won't be reading it until a little later.

THe claim amount is somewhere in the region of £4100.

A few weeks ago, I found that Arrow Global had actually added n incorrect default to my credit file - the card to which this pertains should have fallen from my credit file two months ago, so I mad a complaint.

I've received a standard 'we're looking into it' letter from arrow, and now a court claim! Cheeky b*st*rds.

The account has been in dispute for years due to lack of CCA and, later on a lack of SAR.

I've never had to deal with a CCJ... what do I need to do?

kind regards

Danson79

Hi Danson

When did you last make a payment or acknowledge the debt?

Once you get the paperwork, I would advise you acknowledge the claim online and send CCA request to Original lender and CPR request to BC.

Hi Danson

 

When did you last make a payment or acknowledge the debt?

 

Once you get the paperwork, I would advise you acknowledge the claim online and send CCA request to Original lender and CPR request to BC.

Hi, thanks for the quick response

I have the document in my hands now. Slight error, the claim is from Arrow and Blake lapthorn.

Cca has been outstanding for years, and as noted above the account shouldn't even be on my credit file anymore - this is their response!

I was paying via cccs until some time in 2007, when they didn't have a valid cca.

The account has been bounced around for years, despite fos and ico complaints and no forthcoming documents.

I wish to defend, I've had trouble with debt for years and this was supposed to be the month I could finally start with a clean slate

Ok, also received a letter from arrow global claiming rbs say the default is correct (not true) and, almost hilariously, that rbs 'never received a cca or sar request'... The evidence is actually on this forum somewhere!

Hi,

Will be acknowledging defence this evening online. Am I correct thinking that I simply acknowledge and then I get more time to file the defence?

What happens if rbs/arrow/lapthorn don't respond to my sar/cca/CPR letters on time?

Hi,

Finally got a chance to sit down and concentrate on the paperwork.

First of all, my complaint response re: arrow global, despite being full of inaccuracies, does state:

"In the meantime, your account will remain on hold".

The letter is dated 31st August, 4 days before the issue of the bulk county claim form.

Next up, the claim form itself:

POC:

The claimants claim is for the sum of 4109.10 being monies due etc etc...

The claimant claims the sum of 4109.10 together with the costs of the claim (court fee £85 & Solicitor's costs £80). Then it has the date of 31st August (when the account was supposedly on hold?

The document was sent from Blake Lapthorn on behalf of Arrow Global.

I am about to acknowledge my defence via moneyclaim, if anyone can help me out I would appreciate it as I'm feeling out of my depth with this.

D79

Help - do i intend to contest jurisdiction?

No!

Thanks Stella, I had a Google (as I was unsure what it meant tbh) but I left the box unchecked.

Acknowledgement of service complete.

What next? Sar to Mint or Arrow? CCA to Mint or Arrow? And how do I even begin the CPR letter to Blake Lapthorn?

Check this site for the CPR request, you'll find one easy enough.

I would send the CCA request to Original creditor and the SAR to Mint can't do any harm.

Let me know if you need a link to the CRP request, but I'm rebuilding PC so may be on and off.

Thanks stella,

I would really like the original default as I don't have a copy. I joined a DMP in 2006, all of my creditors defaulted their accounts with me then.

If it turns out the Mint didn't default until 2008, is that contestable in itself, considering I was on the DMP? Are there timelines regarding when an account should be defaulted? I had to cut my card up and send it back etc, so it would be odd if the account didn't default until two years after the DMP.

Where does Arrow's letter from the 31st August that clearly states 'the account is on hold' come into it? Surely that's strange practice, to tell me it's on hold and then issue a claim?

Also, Arrow's letter claims RBS have 'no record' of any CCA and SAR requests. I have records of all of my letters to and from them, and I even had a complaint go through via ICO due to lack of complete SAR and the STILL didn't send me the rest of the required info.

I'll get all of the letters off in the morning. If they don't respond am I able to request more time from the court to build my defence?

Sorry about all of the questions, I have a lot of experience with the CCA request side but I've avoided court claims so far.

And 'yes' re: CPR, as a google throws up a lot of them, and you could point me in the direction of the 'right one to use', if that makes sense. thanks for your help.

Have a look here

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

Thanks Stella,

Letters ready to go, will all go via recorded delivery this pm (typically, my printer has decided today would be a good day to die).

As the only reason for a SAR would be the default notice (and that comes under the CPR) i won't send a SAR to mint for now.

Should I write to Arrow Global at this stage? Even if it's just to point out the account is supposed to be on hold due to a complaint?

This might be a silly question, but do I send the standard CCA request or is there a special version for when a claim has started?

And also how do i change the thread title to show 'Blake Lapthorn' Instead of 'Bryan Carter'?

CPR rules you would request under 61 (1-2-3) no charge on that request, others I am sure will comment also, so wait and see, Default notices it has been said in a lot of cases copies are not held just a marker stating one sent, DJs accept that on many occasions it seems, but if you had one keep it safe, as if incorrect they you have ammo, as I did in court.

I don't have the default doc, however I entered a dmp in 2006 - all of my accounts should have defaulted around that time. I remember it well, only MBNA wouldn't 'play ball' at the time, so they were the last to default (hence them being the last to fall from my credit report at the end of this month)

Danson,

The SAR may throw up other facts that will help your case. I would do it now just in case you need to reply on the information at a later date.

There may be late payments, PPI, etc, all which help your defence.

JOgs

Due to printer woes, i'll have to wait until tomorrow to print and send the sar - does the usual time scale apply and do I get an extension to make mt defence if the documents are late or incomplete?

Thanks for the help so far, much appreciated.

I don't want to get ahead of myself, but can arrow get into any kind of trouble for 'holding' my account (as per their letter) then issuing court proceedings anyway? Should I be making a formal complaint (although technically i'm inthe middle of one with them anyway?)

You can use it as part of your defence yes, as they are well known for doing that.