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Shonk
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Starting a new thread because the other one has become messy!

 

++++++++++++++++++++++++++++++++++++++++++++

 

 

CCA'd CBS Transcom who claim to be acting for Arrow. Arrow bought the debt from Chatham, who bought it from Colonnial Finance. All this goes beck to 1999. I've been paying them a reduced amount. Have asked them for a full statement of my account from 1999 to date...haven't received one. Waited 12+2...nothing.

 

Since I CCA'd CBS Transcom they refuse to talk to me. I have phoned and been told they are not allowed to talk to me, but a manager will call me back....they don't!

 

Before issuing the CCA query I had offered them a full and final settlement of £2000. (Total is £7700 according to them but probably more like £6000.) I have asked them to accept, or reject my offer which was made 7 weeks ago. They won't.

 

Basically they won't negotiate, won't help me and keep fobbing me off.

 

I am still making monthly payments.

 

Getting no where fast. I don't want to just ignore them because it will all ust drag on and could come back on me at any time. Basically I want to negotiate a F&F settlement and get rid of them...as long as the debt is legally theirs to collect.

 

How can I get them to move!! If they would just accept or refuse my offer at least I would know where I stand. They are refusing to negotiate at all.

 

What now? Any clues?

 

SHONK:confused:

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Starting a new thread because the other one has become messy!

 

++++++++++++++++++++++++++++++++++++++++++++

 

 

CCA'd CBS Transcom who claim to be acting for Arrow. Arrow bought the debt from Chatham, who bought it from Colonnial Finance. All this goes beck to 1999. I've been paying them a reduced amount. Have asked them for a full statement of my account from 1999 to date...haven't received one. Waited 12+2...nothing.

 

Since I CCA'd CBS Transcom they refuse to talk to me. I have phoned and been told they are not allowed to talk to me, but a manager will call me back....they don't!

 

Before issuing the CCA query I had offered them a full and final settlement of £2000. (Total is £7700 according to them but probably more like £6000.) I have asked them to accept, or reject my offer which was made 7 weeks ago. They won't.

 

Basically they won't negotiate, won't help me and keep fobbing me off.

 

I am still making monthly payments.

 

Getting no where fast. I don't want to just ignore them because it will all ust drag on and could come back on me at any time. Basically I want to negotiate a F&F settlement and get rid of them...as long as the debt is legally theirs to collect.

 

How can I get them to move!! If they would just accept or refuse my offer at least I would know where I stand. They are refusing to negotiate at all.

 

What now? Any clues?

 

SHONK:confused:

 

If you've CCA'd hem and hey've gone past the 12 working days for producing the original agreement, then you're within the law to stop paying them as the 'debt' is in dispute. If you want answers/action from them, then stop paying- tha'll wake them up. You're within your rights to stop paying, so do it. :-) No CCA = no debt.

Just hate every DCA out there

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Hello,

I am in the same boat regarding CBS (Chalkitup v DCA's) so hope you do not mind me joining in here ... the CCA 12+30 days deadline expired last week and then two days later I received a letter from them saying they will send the agreement within two weeks!!!

I will also stop payment but please can you tell me ..... IF they send an agreement WHICH is legal will they not have to go to court now to enforce it as they did not supply it in time?

 

Onwards and Upwards

 

Chalkitup

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Hi Chalkitup, my understanding is that they commit a criminal offence if they don't supply within the 30 days but that they can enforce again if they send the CCA after this date. I have been advised by National Debtline to report them to OFT if they do not comply within the 30 days.

 

NDL also advised me that I can stop paying and if CBS contact me tell them to put it in writing and that they are not allowed to chase me for payment until they provide the documents requested and that I will report them to OFT if they call me again. Don't discuss any further.

 

Would have thought CBS would have sent the CCA within the time if they had it!

 

Have you called National Debt line and run it past them? I found them very good. They are sending me a copy of the OFT guidelines for debt colection agencies and complainrts forms so this might be useful to you too if you don't have these.

 

I intend to stop paying and write to them saying they refuse to negotiate, ignore my requests foir documentation and are in breach of the law. Until they comply I will send them no more money. (Put the money to one side each month as a back up if they suddenly produce a legal agreement, if not I'll have a nice lump sum to treat myself with!)

 

I can't see any other way of doing this at present!

 

At least I can watch my savings grow and hope I don't have to give it to the vultures!!!

 

Shonk

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Shonk, the timelimit is 12 WORKING days PLUS 1 calender month on top.

True after this time they commit a summary criminal offence, but what until this expires AND they start demanding payment again before you report them to Trading Standards.

Be VERY careful whose advice you listen too

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:shock: Hi CurlyB, I feel like I'm in a trap at present...wait 12 days plus 30 and hope they leave me alone, then they can start whenever they like al ovr again! I can't answer this one.

 

From what I understand its a case of waiting the 12 days+2, then another 30. What if they do what they've done to Chalkitup and send a letter 2 weeks after promising to comply.

 

Advice of the best sequence of action would be useful here.

 

I have waited 12+2 ...nothing.

I'm still paying them too.

:shock::roll:

Shonk

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I've just been advised by NDL to write a letter to CBS Transcom and tell them I believe this debt to be statute barred ( the onus is on CBS to prove otherwise. ) If they can't provide the CCA chances are they can't provide documentation for this old debt which goes back 8 years.

 

Worth a try??????

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I've just been advised by NDL to write a letter to CBS Transcom and tell them I believe this debt to be statute barred ( the onus is on CBS to prove otherwise. ) If they can't provide the CCA chances are they can't provide documentation for this old debt which goes back 8 years.

 

Worth a try??????

 

If there has been no acknowledgment of the debt, and or no payment on the debt for six years (5 in Scotland), then the debt is statute barred.

Just hate every DCA out there

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The original default was 1999, and this alleged debt has been sold on three times. It could be that CBS Transcom have no paper work, so they won't we able to prove that it was not statute barred when they started chasing it. Apparently the onus is on them to prove that there has been payment, or written contact during the period from 1999 to February 2007 when they started chasing it. I am disputing it and asking them to supply documentation. If they can't prove contact, then it is already statute barred and they are breaking the law by chasing it.

 

At least that's the way I understand it.

 

Any comments or advice here?

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Hello Shonk,

 

Thanks for your reply.

 

I am infact with CCCS for my DMP and so far they have been good apart from letting 1st Credit change monthly payments from OC to 1st Credit by means of a telephone call (nothing written) without contacting me first to ask my permission / views.:evil:

I soon changed the monthly payments back to OC.:)

I have read reports on CAG that CCCS are reluctant to stop monthly payments to creditors "just because no CCA agreement!"

Well I will test this soon as I intend to stop payments to two OC's as no agreements arrived and over time now.

 

I feel so much better for finding the CAG site and I learn something new everyday. I, for one, will no longer be bullied and harassed by these DCA people.

 

Onwards and Upwards

 

Chalkitup

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Hi Chalkitup,

 

I'm doing things myself and I agree that once you have infoirmation and know your rights, these bully boys can't push you around anymore.

 

It's a great feeling to be able to fight back instead of feeling forced to comply with them.

 

Four weeks ago I was really having trouble with CBS Transcom and they were bullying me. They even asked if anyone was helping me. I didn't realise why they had asked and just said 'no', but now I know why! They were seeing how far they could push me!

 

Shonk

 

Not any more!!!!

 

Anybody reading this and feeling bullied by these vultures should take heart from this. Learn as much as you can, ask questions and fight back.

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  • 4 weeks later...

Stopped paying CBS Transcom. They are now 12+2+30+7 days into their search for my CCA agreement.

 

Got a call from Arrow Global who claim to own the debt. A woman said she was calling to offer me a solution...a secued loan on my home. I told her this a/c is in dispute because I have been waiting 41 days for a CCA and that it is against OFT guidelines for her to call regarding payment. She asked what a CCA is.

 

I told her that it wasn't my place to teach her the job.

 

She then said there was nothing on the computer regarding CCA or a dispute but that she would see that it was updated.

 

What should I do now? Any suggestions?

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Shonk

 

Next time they ring, ask them for an address for Arrow Global. Then complain to the TS both in your area and in the one that covers Arrow G's address. Finally complain to the OFT about a breach of their guidelines.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Just had another call from Black & White who are a company linked to Arrow Global and CBS Transcom. They are trying to pressure me into taking a secured loan to clear my alleged debt. This is the 4th call from these people and 2 of them have been today after they received a letter from me yesterday stating that they are in default with CCA and I'm not paying until they produce it.

 

Don't know whether to report to the to OFT etc now of wait the 7 days I allowed them to answer my letter.

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