Another newbie with a question.

[Shonk]

Hi folks, I have been reading your forum for a while now and decided to join in.

 

 

I have read a lot about Arrow and CBS Transcom on here and I am having a problem with them. I offered a lump sum to them in full and final settlement, that was a month ago. They haven't refused, or accepted it yet.

 

I have called CBS Transcom who are debt collectors for Arrow and asked for a straight forward 'yes' or 'no' to my offer. I'm just getting fobbed off, no one will give me an answer. I'm still paying them my monthly agreed amount and they are still adding interest while I'm waiting.

 

What can I do? Any ideas?

 

Thanks,

Shonk

[freakyleaky]

Hi Shonk and welcome to the site. If you click on this link, Debt Collectors and Debt Collection Agencies and start your own thread in that forum you will get plent of help and advice regarding your problem.

Good luck.

[Shonk]

Arrow are chasing me for a debt of £7700 (that's their figure) via CBS Transcom. I wrote to Transcom offering a full and final of £2500 and explained my sitution. This was 6 weeks ago.

 

I have phones Transcom twice and asked for an answer, yes, or no. They won't give me one, they just say they will call me back and don't.

 

In the meantime I have requested a copy of he agreement, statement of account and proof that they own the debt. No reply. This was 14 days ago.

 

Called Transcom, the person who answered the call said that all discussion on this acount must be through the manager. Transferred to the manager who promised to call me back...didn't.

 

I'm really stuck here. I am willing to pay them if they will agree a reduced settlement figure but they won't give me any answers.

 

I won't what's being covered up..why the silence.

 

Help would be appreciated.

[oneofakind]

I have requested a copy of he agreement, statement of account and proof that they own the debt.

 

did you do this as an official CCA request (one pound payment, quote CCA etc.)? If you did, they've reached the stage now where they can't take any action against you without court authority, and if they don't supply the agreement within 12+30 days, they are in criminal default.

 

This means that any agreement they have can NOT be enforced, and they really have no option other than to take your offer.

 

If you DIDN'T make an OFFICIAL cca request, then do it NOW.

 

DON'T deal with them on the phone, only in writing.

 

You seem to have the upper hand here already, so don't worry.

 

[oneofakind]

If they're covering anything up, chances are it's the fact that they have no enforceable agreement. You have to find out.

 

Also, does the 'debt' include any charges? You may not have to pay these either. This should reflect in your f&f offer...

 

[Shonk]

Thanks oneofakind, yes I sent the request officially with £1 and quoted CCA, etc.

 

I am still paying them £52 per month and interest is being added to my account. Is it wise to stop payin them?

 

Shonk

[oneofakind]

They are not allowed to charge any interest whilst the account is in dispute, ie from when they received your CCA.

 

I'd keep the payments going until they've had 12+30 days from delivery of your CCA. At this point they are in criminal default, and you are not obliged to pay them ANYTHING:D .

 

At that point, I'd write to tell them that they are in default, withdraw any offer of settlement you made, and tell them you won't be making any more payments on their unenforceable alleged debt.

 

you could make another f&f offer, but it's all on your terms now. They can make lots of threats against you, but it's all bull, because they cannot prove you owe them a penny!

 

Lack of an enforceable agreement is a complete defence to any court action they might threaten you with.

 

[Shonk]

Just had a phone call from CBS Transcom,didn't take me through the identity check, just went straight into saying they are chasing the debt and have no record of me contacting them I told them I have a detailed record and to contact me by letter when they have their facts.

 

I am getting really sick of this. I'm actually trying to find a way of paying this off, not trying to get out of it but they just aren't helping me, or even bothering to negotiate.

[vandermerwe]

Shonk,

 

Freakyleaky is right as always (except on matters of rugby but that's not we're here for).

 

But DO NOT PHONE THE B....... ever again. All communications must be in writing with a copy retained and also sent by signed for recorded delivery.

 

You can choose either to keep the GPO receipts or print out a signed receipt of delivery from www.royalmail.com

 

It's a hassle, will cost £1.04 a time, but is particularly important with this crowd.

 

Good luck.

 

Vandermerwe

[oneofakind]

That's another black mark against them... no security as required by the Data Protection Act.

 

This advice may be out of order (been to the pub, won the quiz AGAIN!!) but I suggest you juat put the phone down on them. Deal only in writing!

 

:D (speckled hen grin!)

[Shonk]

Good advice I think! I'll just put the phone down next time and just wait until they default on CCA before I decide what to do next.

 

Maybe I'll take the lead from you and have a drink or two. My head is buzzing with reading posts on here!

 

Will post again when anything develops.

 

Thanks,

 

Shonk

[vandermerwe]

Good morning Shonk

 

I owe Freakyleaky an apology.

 

As I said, he's brilliant at these kind of things and I really meant to put a wink;) after my comment about rugby.

 

I'm sure he'll understand.

 

Van

[freakyleaky]

Hi Van! I know you meant no offence and until last night game I might have agreed with you anyway! LOL:D You don't owe me an appology at all!

 

Good to see your still posting Van!

[vandermerwe]

Thanks FL - if you want to know why I have been so quiet lately take a look on pinkduchess - v - hsbc.

 

Best wishes.

 

Van

[freakyleaky]

Just read that post of yours on PD's thread! Had me in stitches! Especially the happy new ****hole bit!

Please keep posting! At least as long as the pc holds out!

[vandermerwe]

That's very kind of you FL.

 

Am quite sure you must be referring to my computer and not my Political Correctness!

 

Regards.

 

Van

[vandermerwe]

Hi Shonk. You must think you've subscribed to 'The Goon Show' or 'Monty Python' from what's on your thread already!

 

Apart from the chit-chat with Freaky Leaky I must tell you to beware of Arrow. They only recently came into the UK from the US of A to tell us limeys how to collect debts - bit like how they came and won World War II for us.

 

I do not believe you could have run up a debt with them - I'll bet my bottom dollar they have bought a debt from someone else (at a guess I'll say MBNA or one of their other companies) and I think you should transfer your thread to the DCA forum and search for Arrow and/or CBS Transcom.

 

The badinage above should show the site isn't all doom and gloom, and you must read the thread pinkduchess - v - HSBC when you have a day and a half to spare, but before you move your thread I must respond to Freaky L. about the post he found, obviously, mildly amusing:D:D

 

It was my second favourite from "Private Eye" but my most appreciated occurred in 1968, and, at enormous time and trouble I have searched the Vandermerwe Library of Classic Works to find "The Private Eye Story" (which bears the 1982 "Happy Christmas Dad" inscription from Van major and Van minor.)

 

It's also rather relevant to the forum and the type of letter we poor sods receive.

 

In 1971 "Private Eye" was sued for libel as they had alleged 'unsavoury' debt collectors were receiving back-handers. [Can you believe it?]

 

They received a letter from a somewhat notorious firm of solicitors which read:

 

We act for Mr. Arkell who is Retail Credit Manager of Granada TV Rental Ltd. His attention has been drawn to an article appearing in the issue of 'Private Eye' dated 9th April 1971. The statements made about Mr. Arkell are entirely untrue and clearly highly defamatory. We are therefore instructed to require from you immediately your proposals for dealing with the matter.

 

Mr. Arkell's first concern is that there should be a full retraction at the earliest possible date in 'Private Eye' and he will also want his costs paid. His attitude to damages will be governed by the nature of your reply.

 

Yours etc.

 

Their reply was as follows:

 

We acknowledge your letter of 29th April referring to Mr. J. Arkell.

 

We note that Mr. Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you could inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: **** off.

 

Yours etc.

 

I gather this story has gone into law-student lore as 'Arkell - v - Pressdram.

 

Regards.

 

Van

 

P.S. Don't let pd know I quoted a naughty expression in full!

 

P.P.S. Needn't bother: Big Brother BBCd it. I don't normally use the vulgar tongue in English (but see my Chilean colloquialisms on pd's site referred to above!) though in this case I believe its use essential to appreciate the acerbic reply.

[pinkduchess]

im watching you van!!

[vandermerwe]

Ohmygawd - the ever watchful pink eye!:o

 

But she's lovely. even though she only works at night.

 

Muchos sueños buenos, querida.

 

Van

[pinkduchess]

thanks

[livelylad]

Threads merged.

[Shonk]

Well, I've done the 12+2 as advised on this site and have received no CCA. Arrow: Transcom CBS have still refused to reply to my offer of full and final settlement.

 

By the way, they did buy the debt from Chatham Finance who previously bought it from Colonnial Finance. It's been passed around since 1999.

 

They seem to be ignoring me. I can get no information from them at all. Is it worth sending the full and final settlement offer again by recorded delivery and insisting that they reply within 7 days, or I will take it as a refusal to accept my offer of payment?

[clutchingatstraws]

No CCA No pay

 

You can stop payments now until they come up with the goods.

 

Hopefully it has been lost in a transfer or buried in a box of papers that went to the shredder.

[Shonk]

I want to find a way of settling this account. I'm quite willing to pay if they can prove that they own the debt, and I'm quite willing to give them a full and final settlement if they will negotiate with me.

 

I'm not happy to just stop payment and ignore it because it could all start again in a few months time and its still hanging over my head.

 

I just get so annoyed that they are ignoring me and fobbing me off with promises of sorting out a solution. Nothing happens. They just leave me hanging and whatever I say, they ignore.

 

I do suffer from clinical depression and asthma and this is making me ill. They are aware of this because I had a major asthma attack while talking to one of their so called managers on the phone.

 

How can I push them into giving me answers?

[vandermerwe]

Hi Shonk

 

The first thing that strikes me is that the alleged debt might be statute barred which could account for the problem.

 

It's obviously been passed from hand to hand over the last eight years or so (probably at a decreasing cost for each sale) which again suggests it could be a problem for the DCAs.

 

Suggest you research Arrow/Transcom using Google UK.

 

I think you'll then come to the conclusion they are quite new in the UK and could well be having problems with coming to grips with UK practices.

 

Who was the original creditor - do you in fact know?

 

There is a technique for offering a payment in full and final settlement, but the wording must be very precise and there are others (or links) to guide you.

 

By the way I have sent you a PM.

 

Regards.

 

Van