Thanks, just going back with regards to the DN, i have just found a coppy of the letter sent to Arrow which my freind had drafted and it looks like his argument that suggests the debt is unenforceable is due to the DN was not issued in a prescribed  form. i take it that would be the wording?, would this be enough to make a debt unenforceable ?

if you want to read the ful letter let me know and il put it up over the weekend

yes from the moorcroft final payment which 'just checked' was jan 15th Jan 2019,

So SB around 15th Jan 25 if calculations are correct,

Think its just a waiting game now

, Il ignore anything that comes in the post unless it falls into the hands of Drydens as you mention above on the thread

Once again many thanks for your input

Im not to sure of the default date, Nothing adverse has been on her file for a couple of years,

The debt will become SB in 18 months so winding the clock back takes it to around Feb 2019 when the repayment agreement to Moorcroft was terminated by ourselves and no contact since,

at a guess i'd say she was paying Moorcroft for 4 years so the DN was likely served around December 2015 possibly longer

Many thanks for your input DX

No mate we've been in the same house over 30 years

Morning, This is from their recent letter-

As Arrow poplar designated activity company own all interest and rights to the credit agreement, they have appointed CAPQUEST Limited as an administer

Also a letter from capquest included to confirm change of ownership of account.

May chuck some light on things should anyone wish to comment

Hi all, 

the wife had a credit card with Tesco finance of which she failed to make payments on, This around 8 years back, If i remember correct 

Arrow had bought the debt and Moorcroft had negotiated a repayment plan which she maintained over a few years,

Around 4 years ago i on her behalf sent Arrow a prove it letter and they put the account into dispute and suspended the repayment plan

following this they sent a bundle of stuff credit agreement etc,

At the time i had a freind in finance 'sadly no longer with us' who looked through the enclosed paperwork and he came to the conclusion the debt was unenforceable due to there being no hard copy of the default notice and in his words- should you (Arrow) find the hard copy the debt would remain unenforceable as the paperwork has to be given in a prescribed way,

The letter went off to Arrow and nothing from them in 4 years until last week a letter came advising the debt had been assigned to another DCA.

Im wondering the best course of action should this new DCA start collection attempts,

will the new DCA know the debt has been challenged or will it just assume  its one that needs chasing  up,

The debt will become SB in 18 months

18 hours ago, dx100uk said:

well you are ignoring them which you should not have done...you need to act.

 

The DWP has the power to recover benefit overpayments and Social Fund loans direct from your wages. This is called a Direct Earnings Attachment and can be done without a court order.

 

The DWP have said that they will only use this method when people don't get in touch or are unwilling to agree a recovery plan. The amount the employer must take out of your wages depends upon your weekly or monthly income, but normally is not more than 20% of your net earnings.

 

Your net earnings are your wages after income tax, National Insurance contributions and pension payment have been taken out. If you have been found guilty of an offence, the amount taken can be doubled to a maximum of 40% of your net earnings. But if other amounts are being taken from your earnings at the same time, the deduction should be reduced so that you should not be left with less than 60% of your net earnings.

 

.............

 

have you any idea when this debt dates from ?

 

you need to quickly send them an SAR put them to strict proof they hold the data to PROVE you owe this debt.

 

 

yes DX the debts from around 3 years ago, it was child bennefit payments they still pay you while your child is attennding a course at college or if they dont go on to further education it ceases to be paid, my daughter had not been going unknown to us and the college marked her as not attending which in turn created the overpayment, its not the end of the world and it has to be paid back because i do owe the money, to my calculations from the letter they sent they will take 11% i estimate that at around £132 P/M, £50 is managable the £132 may see us in trouble with finances,i will SAR them today

Yes there has been previous letters,

one around two years back which was sent from a debt collection agency acting on behalf of the DWP, they asked for an ins/outs form to be completed so i could pay so much per month off,

their reply was they were sending the account back to the DWP as the debt could not be managed as i was in negative income (more going out than coming in),

it all went very quite so i let sleeping dogs lie

last month out of the blue a letter came giving me a log in number for the site they have at gov.co.uk and i have not been able to log in with the details they have sent me,

today the attachment letter came,

im not burying my head in the sand here so it is what it is and if it has to be repaid then so be it

but to my calculations they're going to take 11% P/M back which will be around £132 which will most certainly give us mortgage problems etc 

The DWP has sent a letter saying they're going for an attachment of earnings on a debt, amount owed is £1291,

as my partner cant work and im the only one bringing income in then this is going to cause serious hardship,

i cant seem to find anything online about having the amount reduced that they're going to recover P/M

33 minutes ago, Andyorch said:

 

The only action a judgment creditor can take once a court has set a payment is to apply to the court for a redetermination of the payment arrangement. They would have to make an application with hearing ...fee is £275 and provide grounds for the request. Given you have refused their phishing exercise's so far they have no grounds as they are not aware of your financial commitments.

 

So ignore unless the court notify you.

 

Andy   

cheers fella

Hi all,

the Mrs had a credit card debt i think it was at the time, she lost her job and defaulted, eventualy it ended up with Drydenfairfax solicitors who took her to court and the court said repay at £5 P/M and the CCJ was issued,

this was around 7/8 years back and a payment has never been missed,

the CCJ is now off her credit file along with all the defaults but Drydens are now demanding a  financial audit on her ins and outs most likely to increase the payments,

she has up to date refused to supply these details and carried on paying the £5 P/M but now Drydens are saying further action will be taken,

what action?

as its been to court and does she legally have to give this info to them?

thanks in advance

Hi folks, ive not been on for some time, hope the mods are all well

Just a few thing if anyone can put some light on-

Im 10 years now down the road with 2 loans taken out with Blemain Finance (now Together) , so not long left on them before they finish,,

since taking the loans out i had a period when i struggled to pay and falling into arrears which resulted in the accounts being bombarded with charges this being around 3k, this was built up by fees for letters and a visit and interest  etc,

thankfully these are now paid off and the two secured loans are on track to finnish on time

, i have recently received a letter advising i'm hitting retirement age and this could impact my repayment capacity as income generally drops and if i fail during these remaining years they could reposess,

would anyone know if this could be regarded as irresponsible lending by B/F as they had sold the loan to me knowing i would enter into this retirement period?,

also would i have any chance of reclaiming the charges back or part back?, if anyone can recommend a company who deals with this kind of stuff that would be appreciated 

thanks  

thank you DX, i have no scanner im afraid,

if its a good idea i could pick one up tomo from ASDA or somewhere tomorrow ,

is their any info you require that i can read off and post on this thread

HI all

just to update, it looks like the credit agreement has been found, today i have received a pack containing-

(1) all staements

(2) a default notice

of which has no figures, example-

This default notice is served on you relates to account number xxxx xxxx xxxx xxxx

You have not paid instalments due under your agreement. You are £xxxx.xx in arrears

in order to remedy the breach ,you must pay the total arrears of £xxxx.xx

(3) credit agreement

which is a photo coppy of the card application, it appears to be true and dated and signed

any further input from anyone would be most welcom,thank you

thanks DX..

.i have dissected it over and over lol and refered back to other posts on other threads,,

they have bought the debt,

they are going back in the hope they may find it with the OC?,

in your opinion what would you say are the chances are of it being found as its from 2004?

just to update, i have received a letter this morning from Arrow Global-

We thank you for your letter and acknowledge your request for documentation pursuant of the consumer credit act 1974.

We do not accept that we are the creditor as envisaged by the above statute. 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 respond in due course.

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

So i assume Arrow have not bought the debt and are collecting for either another DCA or indeed the origianol creditor in this case would be Marks & Spencer. not sure to as if this is good news that they have not produced it or bad news they may be going back to M&S,Can anyone chuck some light on it for me

Many Thanks to all

just a brief update,

i received a letter off Arrow Global Ltd

however i don't think  its related to the CCA request

although it may have instigated them to fall in line with procedure,

its a statement from 1st April 19-31st August 19,

nothing like this has ever come before over the last 6/7 years,

i was not sure of the original date of agreement 

but its on this statement as 2004 so the account is older than i thought

is been getting on for 6 weeks now since the CCA request went off to Arrow Global, ,

they have not responded,

Moorcroft who were collecting the debt have had their payments ceased on the 9th August and nothing from them either ,

i was wondering if this is normal,

seems strange not receiving a letter from Arrow saying either were looking for it or we found it or we have not got it.

i would assume after 6 weeks they cant find it so is that it nothing more happens unless in the unlikely event it pops up..

thanks in advance

3 hours ago, dx100uk said:

yours is not the next move.

 

 

thank you DX

they are due to be paid £5 next week sometime so i'm going cease making payment, as you say my move is not next its theirs, either put up or shut up i suppose 

hi all and thanks in advance for everything, The CCA request went off on the 9th and the 12+2 time has elapsed and not heard anything from Arrow Global, i was wondering what is my next step?

thank you all.il follow up when/if the paperwork comes

ok yes that's IF they cant produce and i think a big IF,,  if they do are my options in the previous post the best route to keep it out of CC

tthanks in advance

19 hours ago, Andyorch said:

Yes

OK the CCA request has gone off in the post,

now if Arrow Global cant produce this then that chucks up an alternative route to the problem,

should they be able to enforce the debt 'with the CCA' then what route is best to keep it out of the County Court,

i can only see an increase in payments would do the trick,

my main objective is not to let it go to CC or worse even a charging order because this will make the wife ill again, 

so an increase in the monthly payment or an offer of full and final payment at say 50% of the debt

5 hours ago, Andyorch said:

Send Arrow a CCA request

thank you,, i have no reference numbers or account number to include on the letter so should i use the moorcroft client ref number and moorcroft reference (two dif numbers) and make PO payable to Arrow Global ltd

ahhhh, i just checked the letter from Moorcroft and its headed Re: Arrow Global LTD (sorry i missed that) so at some point it must have left the hands of M&S, does this change things now??