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Hecuba

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Posts posted by Hecuba

  1. Hi it's taken me a while to locate the information but I 've now downloaded copy of my title deeds and there is only one interim charge on my property. 

     

    Arrow Global took out the interim charge on 22nd September, 2008 and since that date until recently I didn't receive any correspondence from them. 

     

    I've no idea which of drydenfairfax's two letters refers to the interim charge because the references do not match ones on the property register.

     

  2. I received two letters today from Drydrenfairfax solicitors who are acting for Arrow Global Guernsey Ltd. 

    Both letters inform me there are two final charging orders on my home which I own outright. 

     

    The two debts are credit card ones which originated with MBNA more than 8 years ago. 

    At that time I was struggling with credit card debts and unemployed so I foolishly ignored the letters from MBNA. 

     

    Then around 8 years ago I was told these two final charging orders had been placed on my property. 

    Since then I heard nothing from MBNA and did not correspond with them. 

     

    Then last week I received two letters from Arrow Global Guernsey Ltd. telling me they had passed the matter to Drydenfairfax

     I knew I would be receiving 'chase letters!' 

    obviously Arrow global have bought these two debts for 'peanuts!'

     

    Contents of the letters say

    'There is currently no repayment arrangement in place to repay the above outstanding amount and your obligation to make appropriate repayments to repay this balance remains unchanged.'  The letter then states Arrow would be willing to accept a one off lump sum of x amount to settle my account. 

     

    Drydenfairfax have also attached form concerning earnings/income which I will not complete. 

    I am now retired and have only my state pension. 

    I do not have savings so any advice would be most welcome. 

  3. Hi ericsbrother, many thanks for your prompt reply. HSBC didn't enforce the CCJ

    - meaning they didn't demand I pay £10 a month.

     

    I voluntarily offered to pay this amount because it was the maximum I could afford.

     

    I've been paying £10 a month to HSBC for over 5 years now.

    will continue paying the £10 a month and won't enter into any correspondence with Cabot.

     

    I certainly don't want to give Cabots any reason to increase my monthly repayment will continue paying the £10 a month via HSBC.

     

    Also will continue with the £10 a month for each of the other credit card debts since I can't find paperwork showing which credit card company owns the CCJ.

     

    Will do a thorough search to find the CCJ's paperwork before sending any CCA's

    because I don't want to give these DCA's/banks opportunity to go after me.

     

    thanks again for your excellent advice and swift response.

     

    Hecuba

  4. I received a letter today from HSBC telling me my credit card debit with them for £7,000.13 has been sold to Cabot Financial UK.

    Cabot Financial also sent me a letter informing me a CCJ was obtained by HSBC from me.

    Cabot Financial inform me I can continue the £10 a month payment but they are asking me to contact them.

    I certainly won't be ringing them!

     

    HSBC is a credit card debt and I know the CCJ was obtained over 6 years ago.

    I have been paying HSBC £10 a month for the last five years.

     

    My other credit card debts are also over 6 years old and are

    Lloyds Bank £10,000;

    Egg £4,800;

    Capital One £4,000.

     

     

    have been paying £10 a month to Lloyds;

    £10 a month to Lowells who are DCA for Egg and

    £10 a month to Robinson Way who are the DCA for Capital One.

     

     

    have been paying £10 a month to each of these companies for just over 5 years now.

     

    have searched Trust Online and discovered there are no current CCJ's but I know this is because the 2 CCJ's which I believe I have are over 6 years old.

     

    am wondering should I send a CCA request letter to

    Cabot Financial;

    Lloyds Bank;

    Egg and

    Capital One?

     

     

    I am concerned Cabot Financial might try to force me to increase my payments given they now own the debt.

  5. Hi Ford, thank you for your advice and yes I have recommenced paying Lloyds direct. I haven't missed any payments and as I expected Moorcroft have been attempting to ring me but I've barred their number. Now I've received a text message from them demanding I contact them immediately!

     

    I will ignore Moorcroft and continue paying Lloyds direct and yes I too am surprised Lloyds have kept this debt given it is now over 6 years old. I note Moorcroft can't own this debt.

     

    Hecuba

  6. Hi on 30th August 2016 I received a letter from Lloyds Bank, signed by Jamie Graham informing me Lloyds have transferred my outstanding credit card debt to Moorcroft and they have instructed them to contact me. I defaulted on my credit card debt with Lloyds 7 years ago and for 6 years 6 months I have been paying £10.00 a month direct to Lloyds Bank.

     

    Today I received a letter from Moorcroft (signed by A.J. Martin) telling me that despite fact earlier this week I paid Moorcroft the monthly £10.00 unless I contact Moorcroft within 7 days they will 'recommence collection activity if we cannot agree a repayment plan that you can afford and maintain.'

     

    I cannot afford to pay more than £10 a month and have paid this amount to Lloyds - the debtors for over six years now. I feel Moorcroft are using intimidation tactics in order to get me to contact them.

     

    I checked my credit rating with Noddle and note this credit card debt is no longer showing so it must be over 6 years old.

     

    Any advice would be much appreciated.

     

    Hecuba

  7. Hi Fred,

     

    Many thanks for your email and I've just realised MBNA did not write to inform me they had sold the account to Arrow Global.

    After MBNA sent me letter saying they weren't able to comply with my request for sight of original agreement etc.

     

    I heard nothing else until out of the blue Arrow Global wrote informing me I allegedly owe x amount of money and I then realised MBNA had sold debt on to Arrow Global.

     

    Hecuba

  8. Hi Rob,

    Yes I did send Maddersons a copy of the letter I received from MBNA and that was when Maddersons went silent.

     

    Then a month or so later Clarity became involved

    I sent Clarity copy of same letter from MBNA.

     

    I have succeeded in obtaining from Clarity written confirmation they will no longer ring me demanding payment.

    But Arrow Global is another matter.

  9. I have an outstanding credit card debt with MBNA and which I have never acknowledged I am the debtor.

    I sent a CCA request to MBNA and they replied telling me due to fact they are unable to provide me with original agreement this debt cannot be enforced. However I should continue to pay them money due. I have never acknowledged I am debtor.

     

    Then MBNA sold credit card debt to Arrow Global and Maddersons sent me letters demanding payment.

    I sent CCA request to Madderson and they didn't reply.

     

    Then out of blue Clarity became Arrow Global's debt collectors and Clarity sent me letters demanding payment.

    I sent Clarity same CCA request and today received a letter from Arrow Global.

     

    Arrow Global say and I quote

    'We do not accept we are the creditor as envisaged by the above statute (statute is Consumer Credit Act 1974).

    However we are willing to assist in obtaining that which has been requested.

     

    We will now process your request for documentation from the creditor and will revert in due course.

    We confirm all collection activity will be suspended pending provision of the documents.

    We return payment of £1.00.' (That payment is the postal order I sent to Maddersons).

     

    Given MBNA are unable to provide me with my original credit card agreement I do not think Arrow Global will succeed.

    Any advice would be much appreciated because Arrow Global are refuting they are the creditors.

  10. Last year I asked MBNA to provide me with a copy of my Credit Agreement and MBNA sent me a letter stating they were unable to comply with my request. MBNA also informed me that as long as this situation continues no court proceedings will be issued against me to recover any amount owed either now or in the future.

     

    Fine I thought - then earlier this month I received a letter from Clarity Debt Collectors sent on behalf of Arrow Global who have now purchased debt owing to MBNA. Clarity demanded I contact them so I sent them a copy of MBNA's letter and at same time did not acknowledge or accept responsibility for this debt.

     

    I've now received another letter from Clarity stating 'If we do not hear from you we will need to work with our client to consider options available. These include our representative, Fieldcare Ltd. vistiing you at your home to reach an agreement with you.'

     

    I'd very much appreciate advice recommendations because Clarity in my view are deliberately attempting to intimidate me.

     

    Hecuba

  11. Hi, Undercover Elsa and Brigadier 2JC, apologies for delay in replying - been having problems with internet provider. Yes my aim was to establish whether or not this debit is enforceable in court. I can't repay debt at present due to being unemployed so will send copy of MBNA's letter to Westcot and see what happens.

     

    I was worried if debt is sold on this would cancel out MBNA's notification to me. The law in respect of credit card debt is a minefield and debt collection agencies are not always ethical in their dealings with debtors. So will see what happens. :-)

  12. Hi, Citizen B, I've just checked Westcot are acting as agents of MBNA so I will send Westcot a photocopy of letter from MBNA and see what happens.

     

    If I continue to receive phone calls from Westcot I will not answer phone.

    I think Westcot must be aware they can't take legal action against me which is why they were so quick to send me threatening letter.

     

    What worries me is if debt is sold to another company and if so, will this debt be enforceable?

    I think I am correct in writing to MBNA offering to make a monthly repayment of £5 and see what happens.

  13. Thank you everyone for providing me with the information/advice I needed. I've read through 4,5 & 6 of the links and my understanding is that whilst the debt is unenforceable I still need to make repayments each month.

     

    Since I am currently unemployed and have already made arrangements to pay my other creditors an equal amount each month, I think I would be correct in writing to MBNA and saying I will pay x amount each month until my financial circumstances change.

     

    Am I right in thinking this is the course of action I need to take?

    Westcot's letter threatening court proceedings was dated the previous day to the one MBNA sent me and also Westcot have rung me on several occasions and left messages. I've taken on board the message never to speak to debt collection agencies via phone but instead always deal with them via letter.

     

    I see I need to write to Westcot telling them they are in breach of CPUTR 2008 and I was surprised at Westcot sending threatening letter so soon after MBNA had initially contacted me.

     

    I'm worried that if this debt is sold to another company will the debt then become enforceable and even though I've read the OFT 's guidance notes it doesn't make it clear whether debt is enforceable if sold.

  14. On 15th August, 2011 I sent template letter to MBNA and £1 postal order asking for original copy of my credit card agreement application form. Today I received this reply from MBNA:

     

    'Unfortunately we are unable to comply with your request.

    For as long as this continues we will not issue court proceedings against you to recover any amount owed either now or in the future.

     

    However, please be aware that you should continue to make payments to your account if you have an outstanding balance.

    This is because your debt continues to exist and has not been extinguished so you continue to have an obligation to pay us.

     

    As such we are entitled to contact you to request payment if you fall behind on your payments.

    We are also entitled to report your repayment patterns to the Credit Reference Agencies, including where appropriate registering a default against your name. This has recently been confirmed in two High Court decisions: McGuffick v RBS and Carey v HSBC.'

     

    I have not been making any payments to MBNA for over a year now and I was not aware of credit card debt with MBNA until July this year when MBNA wrote to me.

     

    I have not acknowledged my credit card debt with MBNA because I was trying to see if late charges had been applied to my credit card.

     

    I'd be grateful for any advice as to how proceed with regards to MBNA given they cannot provide me with the original credit card agreement form.

     

    Yesterday I received notification from Westcot Debt Collectors that unless I repaid the full amount owed to MBNA Westcott would be taking me to court.

  15. Hi, I'm a new member to this forum and earlier today I received a letter from Maddersons Solicitors telling me Arrow Global Guernsey had secured a charging order on my home.

     

    I wasn't aware Arrow Global had secured a charge on my property but I did know MBNA a few years ago put a charging order on my home in respect of my unsecured credit card debt with them. Now Maddersons Solicitors are attempting to get me to repay to Arrow the money owed and this is despite fact I have already made arrangements to repay £554 a month to Arrow Global in respect of another unsecured credit card debt.

     

    This letter from Maddersons solicitors didn't tell me anything about where the debt originates from and perhaps I need to ask for full details. All the debts I currently have are in respect of credit card debts and I took these credit cards out before 2007.

     

    I have a number of debts all of which I have made arrangements to make repayments monthly and since I'm unemployed and only receiving job seekers allowance I can't afford to make any more payments. I've thought of contacting Debt Advice Foundation for help and would like to know if Debt Advice Foundation are reliable.

     

    Any advice would be most helpful because I've found dealing with debt agencies to be a minefield and even finding a good solicitor to help me is proving to be impossible. I can claim legal aid but most solicitors don't accept legal aid.

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