I have an ongoing issue with Wescot who are chasing an SB debt on behalf of Arrow Global.

Wescot have been chasing for the last 8 months even though the alleged debt has been SB for some time.

I have sent all the relevant letters even one refuting the claim that I had paid £1 towards the debt to a different dca around 4 years ago apparently restarting the clock.

This I have proved to be a" prove it" letter request postal order although they will not acknowledge the fact.

I sent a strongly worded letter telling them to leave me alone and yet again they are at me.

Wescot have just sent me a signed credit agreement (the first time I have seen it) which is fine

but I know the debt is unenforceable and they are ignoring the fact that I have not acknowledged or paid towards it in 8 years.

Stating that they have now proved their claim and for me to contact them to arrange payment.

This is becoming very annoying.

Is there a final letter I can send to them

and also report them to the relevant authorities to end this?

I really want to drive this home surely they cannot continue to harass me in this way?

Is it advisable to say "take me to court"?

Thanks in advance for any advice.

Cheers

GH

the issue of the £1 payment would ultimately have to be decided by a judge

you say you sent the prove it letter

do you mean the CCA request?

your down fall might be that you appear to be entering into pointless letter tennis

whilst you keep replying, they'll think one more letter will break you.

whats the debt all about please

Original Creditor type ETC ETC

Sorry yes it was a CCA request.

Transcom were the original dca and the CCA request was sent to them with a £1 postal order which was signed for on the date that Wescot now state that I had paid towards the debt.

I have all the previous communication with the numerous dca's assigned to this debt with proof of posting etc.

The CCA request clearly stated that the £1 was for admin reasons and not to be used against any alleged debt.

The original debt was for an MBNA CC.

I get your point with regard the letter tennis and will now just ignore all communication and await the next move as they have stated that they will recommence collection activity mid October.

Thanks for your reply.

GH

NCO , very low life

who were their clients?

Very safe to ignore their idle threats, just hope they issue a claim form, then you can waste their money, and claim damages for the time spent dealing with these petulant children.

Wescot are chasing on behalf of Arrow Global.

MBNA were Virgin

Cheers Bazooka I think you are right. I will ignore.

GH

wetcloths are only collectors not debt purchasers - ignore like the rest of us!

Hi guys,

Right this one isn't going away.

Had a letter from Drydensfaifax on behalf of Arrow Global. I ignored the first as it was the usual pay up etc. The latest one states that they WILL commence legal proceedings if they hear nothing by the 27th September.

I have an SB defence as I am able to prove that they allocated the statutory £1 postal order to this alleged debt. I had sent a CCA request on the 7th November 2011 with the £1 fee. I have recently received a statement from Arrow Global which clearly shows that on the 8th November 2011 they applied the £1 postal order to the debt and as such they believe that the £1 re-started the 6 year time limit.

I have stated the misuse of funds to them previously but as is their way they have chosen to ignore it. The alleged debt has been SB around 3 years to date and is "due" to be SB again on 8th November this year working from their dates.

Is it prudent to send the following:

1. Pre Action Letter (Any templates available?).

2. SB Letter (Again).

3. Proof of CCA Letter containing proof of posting and receipt for postal order (Again).

All in separate envelopes.

Obviously I will be defending any action taken but as a side note can I hit them with a counter claim? If so how would I go about it?

I have never admitted to the debt in writing or verbally (never spoke) and never paid a penny towards the debt.

Any advice would be greatly appreciated.

Regards

GH

IMHO I'd tell them that you await their frivolous and vexatious claim which you will defend in full, and give them all of the dates you're free.

Have you lodged a complaint against them yet?

Have you told them it is SB?

It matters not, what they do with the £1 fee for the CCA, add it to the account and take it as payment for all they like, but it does NOT reset the clock, and if they're that stupid to try and hoodwink a judge that it does, then they're onto a hiding to nowhere!

In all seriousness though, I'd ignore them, you've sent them the SB letter, they're ignoring it, so start making complaints to all and sundry, including your local MP.

I think the advice is to do nothing. You have told them it is SB. If they want to waste money issuing a court claim, then let them. You would just acknowledge the claim online and submit an SB defence, the wording of which is on many CAG threads.

Once you have defended, they will then look into your case properly and are very unlikely to continue. It will then just remain stayed with nothing happening.

Thanks guys.

I will ignore them until the courts papers land on my mat.

They have had an SB letter and also sent proof of the CCA request and corresponding proof of posting etc.

I will fire in complaints to the relevant authorities this week.

Regards

GH

Yep ignore!!

Morning,

Court letter has landed on the mat!

I will acknowledge online this afternoon once I get a chance. Is it wise to submit the defence at the same time? It is a straight forward statute barred defence the wording of which I am unsure at present. I would appreciate a link to a simple SB defence as I have seen so many different types I am unsure as to which one I should use. I really do not want to make an error with the wording.

Many thanks as always

GH

defence 1 day before it is due, as they then cannot trash any defence submitted, with their defence

Thanks Cogger.

Right, acknowledged the claim. Am I now right in saying that I have 28 days from day of service (issue date) +5 to submit my defence?

Cheers

GH

issue date + 33 days = allowing for service of documents

Brilliant thanks Cogger.

Thread moved to Financial Legal Issues.....please continue to post here to your thread.

Please read the following link and then copy and paste the Q,s and your responses back here for further advice.

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Regards

Andy

Hi Andy

Hope I’ve done this correctly.

Name of the Claimant - Arrow Global

Date of issue – 13/10/2017

What is the claim for –

1. The claim is for the sum of £6500 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number **************** upon which the defendant failed to maintain payments.

2. A default notice was served upon the defendant and has not been complied with.

3. The balance owed was assigned from MBNA to the claimant, and the defendant has been notified of the assignment by letter.

What is the value of the claim? - 6500

Is the claim for - C.C

When did you enter into the original agreement before or after 2007? - Before 2007

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? - No

Did you receive a Default Notice from the original creditor? - No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No

Why did you cease payments? - The financial crash lost house and everything else

What was the date of your last payment? - Unsure early 2008

Was there a dispute with the original creditor that remains unresolved? - No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management planicon? - Not sure on this one? May have called them at the start. Definitely didn’t enter into a debt management plan though.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

dx

here is the SB defence

yes you can file at the same time if you are 1000% sure its SB'd

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

Thanks DX. This is definitely statute barred, they are however trying to say the £1 postal order sent nearly six years ago for the CCA request was payment towards the debt and as such re-started the 6 years. I have proof of everything so not overly concerned on this point.

Do I really need to start playing letter tennis with the CPR 31:14 request? This was statute barred 4 years ago. I think they are just hoping I ignore the court letter?

Thanks again

GH

no you don't have to send cpr/cca

 

Do I really need to start playing letter tennis with the CPR 31:14 request? This was statute barred 4 years ago. I think they are just hoping I ignore the court letter?

 

Thanks again

 

GH

I would.... then you have something to fall back on in your witness statement should they argue its not statute barred.

Andy