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patch666

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Everything posted by patch666

  1. hi all, firstly im starting to panic as i havent heard a thing from Arrow since i sent the LBA recoreded delivery, the default is still on my credit file, i have posted what i consider a brief description of the claim, but donk know if it is ok or not, and also do i need to SAR them so i dont shoot myself in the foot if it does go to court. any info would be greatly appreciated as im starting to panic. please help:confused:
  2. IS this ok for my POC, please advise, patch :lol: i had taken a loan out with universal credit in nov 1994. Due to unforseen circumstances i defaulted on this loan in 1995. A default was registered on my credit file. In mid to late 2003 a company called Paragon contacted me and said i had to pay the outstanding balance to them. I made payments to Paragon, and was then contacted by Arrow in Nov 2006 to say they had bought the debt and my payments should now be paid to them. They wanted 3 times the amount i was paying to Paragon, i told them i couldnt afford that amount and i would pay what i could afford. Arrow placed a default on my Credit file in Feb 2007, i asked why and was told that as they now owned the debt they had to default me. I asked for a copy of my CCA via the correct methods, everything recorded delivery, and the default was removed. Exactly 1 year later the default was replaced on my credit file (July 2008)and a copy of my CCA turned up 15 months after i requested it. I am asking that the default be removed from my credit file, as i belive that the default is unlawful and the debt is statute barred, as i had not acknowledged or contacted the debtor between 1996 and 2003 and this is over the 6 year period.
  3. hi all, how do i go about getting court proceedings together. do i need the small claims, county court or what. any info would be greatly recieved as the default is still showing 30 days after the LBA was sent, and obviously no response from Arrow. ta, patch:lol::lol:
  4. hi all, still heard nothing from arrow after the 14 day period. what is my next course of action. regards, patch:)
  5. hi all, letter sent today, 24th, recorded delivery. So we shall see what happens patch:):)
  6. hi SH, thanks for that, all info greatly recieved patch:p:p:p btw what do you think of my LBA
  7. Hi all is this any good LETTER BEFORE ACTION. Their ADDRESS MY ADDRESS Dear Sir Madam, I refer to the above account number regarding my account with yourselves, it is my belief that the debt that you have purchased from Paragon on 30th November 2006 is statute barred, the reason for this is that I was originally defaulted in 1995, and Paragon bought the debt around 2003, thus making the debt statute barred as I have had no contact or acknowledged the debt in a six year period from 1995 till 2003, therefore it is my conclusion that the default you have registered against me is unlawful. If you don’t remove the default within fourteen days a county court claim for removal and damages will be issued with out further notice. You have 14 days to reply to this letter. Regards, Blah blah blah
  8. hi postggj, i certainly arent thick, but im having a bit of trouble understanding the procedure i have to go through to send this LBA, do i need to inform Arrow that they have bought a statute barred debt, do i need to get the excact dates of defaults etc, so i have a paper trail etc. i aint really sure what to do here or what to put in my letter, any advice would be greatly appreciated, also what is the situation wit Paragon, the original DCA from 2003 Ta, patch:):)
  9. Hi guys, im looking for some very much needed help. In 1994 i got a loan from Universal credit, i defaulted on the loan late 1995. I then moved and in 2003 a company called Paragon said they bought the debt and that i owed them the money (I payed a small amount each month). In Nov 2006 Arrow/CBS purchased the debt and want nearly 4 times the payments etc. which i managed to reduce and i payed a couple of months. In Feb 2007 they placed a default on me. I used this website, with excellent success, in getting the default removed from my credit file. I went down all the correct routes, CCA request(i never recieved my CCA), S10 and S12 (i think), anyway, it was removed, happy as larry, THEN exactly a year after it was removed it appeared again!! I rang CBS/Arrow who the debt was sold too, and within a week a copy of my CCA appeared (15 MONTHS LATE) on my doorstep with some waffle stating; "it is a requirement that when a debt is purchased the default is registered in the name of the purchaser. There should therefore only be one default registered but please let us know......." where do i go from here, the CCA terms, if you can call them that, doesnt have any reference to providing credit reference agencies with info etc and the CCA was signed in 1994, i was defaulted in 1995. Is this CCA enforceable, where do i go from here, has the statute barred thing come into operation as it was 8ish years till they contacted me, has the DCA messed up by sending my CCA 15 months late etc. btw i have all the paperwork and recorded delivery slips as proof that everything was sent, where do i go from here, surely you cant be defaulted twice from the same debt.... is there any way i can get hold of all the info from my account please help. patch666:-)
  10. hi there, i havent had a default notice from arrow/cbs since they bought the debt, nothing formal at all, they just defaulted me. do i just ignore them, there isnt much else i can do, cos they have provided me with a CCA, where do i go from here patch666
  11. hi all, i dont think i have made myself really clear on this subject, i know the CCJ and default were actioned around 1995/96, so does this mean i can be defaulted again, i never paid the debt abd all relevanve of the debt was wiped until last year, im getting a bit confused. what is bugging me, is can i be defaulted for a debt ive already been defaulted for, and is this CCA enforceable. regards, patch666
  12. hi there, idainfife think it is sorted now, hope you can read them, was paying arrow up until i CCA'd them last year, hope you can help me. i got the CCJ around 1996, then started getting hassle from paragon around 2004, paniked like everyone does and started paying up, silly i know, but didnt know about this website:evil: hope these can get me out of a hole............... thanks. patch666
  13. Hi guys, im looking for some very much needed help. I used this website, with excellent success, last year, in getting a default removed from my credit file. I went down all the correct routes, CCA request, S10 and S12 (i think), anyway, it was removed, happy as larry, THEN exactly a year after it was removed it appeared again!! I rang CBS/Arrow who the debt was sold too, and within a week a copy of my CCA appeared on my doorstep with some waffle stating; "it is a requirement that when a debt is purchased the default is registered in the name of the purchaser. There should therefore only be one default registered but please let us know......." where do i go from here, the CCA terms, if you can call them that, doesnt have any reference to providing credit reference agencies with info etc and the CCA was signed in 1994, i was defaulted in 1995 and a CCJ on top of that. Is this CCA enforceable, where do i go from here, please help. patch666:)
  14. Hi guys, sorry to hijack this thread, but I have posted on this thread before, basically I'm in a situation which is very good for myself at this moment in time, but I was wondering about the long term issue............. In a nutshell, done the CCA thing, they (Arrow/CBS transcom) defaulted, then I recieved a snotogram from "Copes" sloicitors, told them that no CCA means no enforceable debt, until it is found no more payments will be forthcoming. Heard nothing since 16th June. I then sent an S10/S12 asking to stop processing my data, as they had filed a Default against me. On the 6th August got another letter threatening Court action if I didn't pay before 13th August, again told them to shove it, told the Solicitors to liaise with their client regarding the CCA issue, I then checked my credit file on 14th August and all trace of the default, amount, company address had vanished, dont ask me how, but how can they go from court action one week and then remove all data!!! My question is what happens now, do I take then to court, to get a zero balance, or do I carry on with my life and hope they haven't sold this debt to another DCA, on one hand I'm over the moon as things are getting better in my life, or do I wait for another kick in the bol**cks:o . Any help will be greatly appreciated:) patch666
  15. Hi guys, I have written on this site only a few times regarding getting a default removed from my credit file, I did the usual CCA thing, no reply to this day from my original CCA request on 1st June 2007, sent Arrow Global/CBS transcom follow up letters, and got the usual reply(NOTHING!!). Got a snot-o-gram from their sloicitors "COPES" incidentally registered at the same address around mid june, and then nothing. When I sent them an S10 or S12 letter they came back and said I had 7 days to repay the outstanding balance or they were going to take me to court. I then sent the Sloicitors a reminder that I had asked for a copy of my agreement from their client, and as they had defaulted on my correctly formatted request they could go and whistle:p . Checked my credit file on wednesday and its DISAPPEARED . No mention of any outstanding balance, nil amount owing, no infomation about the debt, absolutely Zippo. dont know whats happened, but its all through CAG, the only thing that is worrying me is that they have sold the debt to some bogger else and I'll have to go through it all again. Any suggestion what to do next. patch6666
  16. Hi guys, I have been advised by various members of this excellent site to CCA request CBS Transcom regarding an alleged debt, obviously nothing has been forthcoming even after 12+2 and the calender month, I am proposing to send this to them when I get off my gas rig on wednesday, any commints are greatly appreciated patch.................. 25th July 2007 Your Ref: 1 CBS Transcom CBS House Alban Park Hatfield Road St Albans AL4 0LA Dear CBS Subject: Arrow Global Receivables Management I would like refer you to my letter sent to you on 30th May 2007, delivered and signed for on the 1st June 2007, Via Royal mail Recorded Signed For, in which I requested a true copy of the credit agreement and a true signed copy of the deed of assignment. The statutory fee of £1.00 was included with instructions that the statutory fee was not to be applied in any way to the disputed account. Against my instructions the £1.00 fee has been applied to the disputed account. To date you have failed to acknowledge this request in any way except by cashing the £1.00 statutory fee, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect on this account. In my letter of the 30th May 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974 – (s77 (1) for fixed sum credit). The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before you defaulted. If the request is not satisfied after a further calendar month, you commit a summary offence. These statutory time limits expired on 13th June 2007 and 13th July 2007 respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on 13th July 2007 this account became unenforceable at law. As you have Failed to comply with a request for a true, signed copy of the said agreement, and other relevant documents mentioned in it, any legal action you pursue will be averred as both Unlawful and Vexatious. Furthermore, I shall counterclaim that any such action constitutes unlawful Harassment. Further, it has come to my attention that you have registered a Default with the Credit Reference Agencies regarding the disputed account when it appears they do not have the legal right to do so. I take great exception to this Defamation of my character. Please note I strongly advise you to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days of the date of this letter provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you fail to respond within 21 days, I will expect this to mean you agree to remove all such data, if you do reply and I find your reply unsatisfactory I will issue a court summons for you to remove any such incorrect data. Furthermore, you should be aware that a creditor is not permitted to take Any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply: You may not demand any payment on the account, nor am I obliged to offer any payment to them. You may not add any further interest or charges to the account. You may not pass the account to any third party. You may not register any information in respect of the account with any of the credit reference agencies. You may not issue a default notice related to the account. I shall of course report your actions to any such regulatory authorities as I see fit. I trust this clarifies the matter for you. . Yours Sincerely, XXXXXXXXXX
  17. thanks for the comments guys, they are all noted I will re-type and omit the Statuary notice, but I will send it at the same time but in a different envelope. Unfortunately I cant send this out till the 25th as I'm stuck in the middle of the north sea on a gas rig Oh well, patch..............................
  18. feel free, we are all here to help each other:D
  19. Hi all, following advice given on this site, I CCA'd CBS Transcom regarding an alledged debt and unlawful default placed against me, nothing after 12+2 days, or nothing after the calendar month, so I have drafted a letter to send, any comments... (already had the threatening letter from "Copes" Solicitors, funnily the same address????) CBS Transcom CBS House Alban Park Hatfield Road St Albans AL4 0LA Dear CBS Subject: Arrow Global Receivables Management I would like refer you to my letter sent to you on 30th May 2007, delivered and signed for on the 1st June 2007, Via Royal mail Recorded Signed For, in which I requested a true copy of the credit agreement and a true signed copy of the deed of assignment. The statutory fee of £1.00 was included with instructions that the statutory fee was not to be applied in any way to the disputed account. Against my instructions the £1.00 fee has been applied to the disputed account. To date you have failed to acknowledge this request in any way except by cashing the £1.00 statutory fee, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect on this account. In my letter of the 30th May 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974 – (s77 (1) for fixed sum credit). The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before you defaulted. If the request is not satisfied after a further calendar month, you commit a summary offence. These statutory time limits expired on 13th June 2007 and 13th July 2007 respectively. By not providing me with copies of certified true copies of the disputed credit agreement, your company has now failed to meet it's obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. 77 Duty to give information to debtor under fixed-sum agreement (4) If the creditor under an agreement fails to comply with subsection (1) - a) he is not entitled , while the default continues, to enforce the agreement and - b) if the default continues for one month he commits an offence. 78 Duty to give information to debtor under running-account credit agreement a) state of account, and b) the amount, if any, currently payable under the agreement by the debtor to the creditor (6) If the creditor under an agreement fails to comply with subsection (1) - a) he is not entitled , while the default continues, to enforce the agreement and - b) if the default continues for one month he commits an offence. I understand by failing to provide me with the documentation I requested your company has committed a criminal act. I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25). 25 Licence to be a fit person (2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals. d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not) As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Credit Consumer Act 1974 and therefore is a complete defence to any court claim that is issued. Therefore on 13th July 2007 this account became unenforceable at law. As you have Failed to comply with a request for a true, signed copy of the said agreement, and other relevant documents mentioned in it, any legal action you pursue will be averred as both Unlawful and Vexatious. Furthermore, I shall counterclaim that any such action constitutes unlawful Harassment. Further, it has come to my attention that you have registered a Default with the Credit Reference Agencies regarding the disputed account when it appears they do not have the legal right to do so. I take great exception to this Defamation of my character. Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act 1988, to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days of the date of this letter provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you fail to respond within 21 days, I will expect this to mean you agree to remove all such data. Furthermore, you should be aware that a creditor is not permitted to take Any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply: You may not demand any payment on the account, nor am I obliged to offer any payment to them. You may not add any further interest or charges to the account. You may not pass the account to any third party. You may not register any information in respect of the account with any of the credit reference agencies. You may not issue a default notice related to the account. I shall of course report your actions to any such regulatory authorities as I see fit. I trust this clarifies the matter for you. . Yours Sincerely,
  20. Hi all, just wondering, is there a standard letter to send to the CRA people to inform them that an account is in dispute, as I cant see CBS Transcom/Arrow Global informing them about the fact that they are in default of my CCA request. patch666......................
  21. Hi all, is this any better??? Dear Sir/madam, I have not been provided with a copy of the true signed executed Agreement containing all the prescribed items as requested by me under Section 78 of The Consumer Credit Act 1974, despite my properly formatted and paid for request dated 30th May 2007 which was received by CBS Transcom on 1st June 2007. (Copy enclosed) which as well as being in breach of statute is also in breach of both the FSA and Banking Code guidelines. TAKE NOTICE that CBS Transcom are now in DEFAULT of Section 78 of The Consumer Credit Act 1974, and that CBS Transcom are not entitled to enforce the alleged Agreement until it is produced and that the account is now in dispute. Furthermore I would respectfully remind you that failure to produce a properly executed signed agreement is a complete defence against enforcement Therefore any legal action that you are considering taking against me will be defended vigorously. Furthermore, the only correspondence I have received regarding this alleged debt has been from your Solicitors “Copes” (dated 18th June, received 20th June 2007). Please also take note that I have certainly NOT given and DO NOT intend to give my consent for your company to process or share my personal data, which includes the sharing of such data with “Copes” Solicitors from whom I received a letter regarding this alleged debt, I don't appreciate aggressive, threatening bullying letters being sent and if I receive anymore before my CCA request has been satisfied I will report the solicitors to the law society! Please also note that any sharing or processing of data without the authority of the data subject contravenes the Data Protection Act and I hereby request therefore that both you and “Copes” Solicitors immediately cease and desist from such processing (in any form and for any purpose) of my personal data, and to remove any Defaults or negative entries on my Credit file. I expect written confirmation that the necessary action has been taken to comply with this request within 7 days of receipt of this letter, failing which I shall report your company to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and The Information Commissioners Office. Regards,
  22. this is the letter I am going to send. Any comments????? CREDIT & BUSINESS SERVICES LTD COPES SOLICITORS. CBS HOUSE Unit F,The Courtyard ALBAN PARK ALBAN PARK ST ALBANS ST. ALBANS HERTFORDSHIRE AL4 0LA HERTFORDSHIRE AL4 0LA CBS ref: Dear Sir/madam, I have not been provided with a copy of the true signed executed Agreement containing all the prescribed items as requested by me under Section 78 of The Consumer Credit Act 1974, despite my properly formatted and paid for request dated 30th May 2007 which was received by CBS Transcom on 1st June 2007. I have made a record of the fact that CBS Transcom has totally ignored my above mentioned correspondence dated 30th May 2007 which is in breach of both the FSA and Banking Code guidelines. TAKE NOTICE that CBS Transcom are now in DEFAULT of Section 78 of The Consumer Credit Act 1974, and that CBS Transcom are not entitled to enforce the alleged Agreement until it is produced and that the account is now in dispute. Any legal action that you are considering taking against me will be defended by producing a copy of my request along with recorded delivery labels etc..... Furthermore, the only correspondence I have received regarding this alleged debt has been from your Solicitors “Copes” (dated 18th June, received 20th June 2007). Please also take note that I have certainly NOT given and DO NOT intend to give my consent for your company to process or share my personal data, which includes the sharing of such data with “Copes” Solicitors from whom I received a letter regarding this alleged debt, I don't appreciate aggressive, threatening bullying letters being sent and if I receive anymore before my CCA request has been satisfied I will report the solicitors to the law society! Please also note that any sharing or processing of data without the authority of the data subject contravenes the Data Protection Act and I hereby request therefore that both you and “Copes” Solicitors immediately cease and desist from such processing (in any form and for any purpose) of my personal data, and to remove any Defaults or negative entries on my Credit file. I expect written confirmation that the necessary action has been taken to comply with this request within 7 days of receipt of this letter, failing which I shall report your company to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and The Information Commissioners Office. Regards,
  23. Hi UN1BOY who do I write to, Arrow or the Solicitors, sorry for being a bit thick patch
  24. HELP!!!! I CCA'd Arrow Global on 1st June, no reply in the 12 days, no phone calls letters, nothing. Gets a letter today from Cope solicitors(?) basically saying " you have ignored all our attempts to contact you (never recieved/heard nothing) you need to contact this office immediately regarding upping the payments on your account to our clients suitable level, we are issuing court proceedings in 10 days etc etc etc. I have paid them what they were asking till I CCA'd them, they have defaulted me on my credit file, and still no CCA paperwork nothing WHAT DO I DO NOW!!! panicing patch...................
  25. Hi guys, can anybody advise me on this new to the site, but posted this thread a few weeks ago. Arrow/CBS Default!! WONT REPLY TO CCA REQUEST!!!!!!! Hi there, I've just registered and feel quite enlightened about the info by you members, thank you. My question is this, i recieved a letter from CBS transcom, saying they were acting on behalf of Arrow Global, who had purchased the debt from paragon, in Oct/Nov 2006. The debt is from 1994!!! (which I was defaulted for circa 1995) They have threatened me with court action and a charge on my house etc.. etc if I didnt up my payment agreement up from £30 month with paragon to £89.11 with them. I agreed to do this as I am getting on top of my finances and then when I checked my experian file they (ARROW) had defaulted me!! £7300 I rang them and asked why had they defaulted me and there reply was you defaulted in 2004/2005 when I was with Paragon (no default notice issued, i think), i know i missed a few payments but the debt wasnt with Arrow/CBS then, and the default date is 28/02/2007!! I am now in a position to offer them a full and final settlement and when I rang them to remove this default when I paid it, all I got was "it will show as satisfied, not removed" I asked when I recieved the default notice from ARROW/CBS (I havent recieved one from CBS/Arrow) and there reply was you will have recieved it from Paragon (which I didnt, as I had a payment plan with them) but cant remember if I got one from universal credit (it was 1995!!) Who actually owns the debt??, is it now null and void having been more than 6 years even though i've been paying money to somebody, incidentally i wasnt contacted about this debt till early 2002 so should it be statute barred?? are they taknig the P**** for defaulting me and what letters might I need to send. I am applying for a mortgage soon, so I need this sorting out. Where do I go from here, I am willing to pay what I owe, but surely the default can be removed,(or the debt) at the moment I have been defaulted twice (although the 1995/6 one has fell off my Experian credit file), but how can I sort this out. regards, feeling stressed patch.................... ............ UPDATE "lookinforinfo" told me to CCA CBS, i have done that, also pointed out that you could be only defaulted once for one debt and if they didnt remove the default I would report them to TS etc. got 1 phone call, told them I was only taking written correspondance, havent heard anything since, but default still showing on Experian, no CCA nothing, 12 days has passed, what happens now??????? PLEASE HELP..............VERY CONFUSED patch.................... ...
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