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Hi All, this is the first time I have ever posted on such a site. I am dealing with Arrow Global LLC for my Mum -age 78-for whom I am a carer. She has been paying into a CCCS debt management plan without fail. Arrow sent a claimed assignment, a default and two inviitations to take out a loan with blackandwhite.co.uk -one uses Arrow Global Receivables Management Ltd and the other letter uses a combination of the Arrow letter head with blackand white.co.uk. This was all in July. I have had not had my head in the sand - they were sent details of the CCCS debt management plan and client number. When they requested an updated budget from CCCS in September. She was thus paying into the plan when the letters were received in July they were informed that since my father had just died(September payment, October, Nov-suspended by CCCS) the pensions had stopped and CCCS were at the time wanting to know what the new budget was prior to agreeing it. This was is all logged with CCCS and Arrows new solicitor Mortimer Clarke-who share virtually the same address as Marlin Financial Services-who Arrow in their many guises use for managing a loan. On Tuesday 5 December 2007 I had posted requests(special delivery next day guaranteed) for CCA with a £1 postal order to Arrow Global LLC, Marlin Financial Services and Mortimer Clarker solicitors. The reason I sent a postal order is that CCCS stated they have to cash a postal order where as they can ignore a personal cheque. I specifically wanted the CCA since Alliance and Leicester/MBNA, Arrow Global LLC, Marlin Financial Services and Mortimer Clarke are claiming differing figures! I could not make CCCS understand that the quoted figures are actually going up and down. As in one figure was sent in July and a lower figure in August and these were not the same as the Alliance and Leicester/MBNA were quoting! Court papers arrived today - they have my Mum and a defendant -who is nothing to do with her and lives in Haywards Heath. The court said they have been receiving incorrect paper work from Mortimer Clarke and I need to contact them with regard to this.I would like some help in how to deal with this. Since firstly I do wish to defend this case-but CCCS are offering no help on the defence. I have read on the posts that I need a CCA in the first place. I have sent these special delivery 4 December 2007 to arrive 5 December 2007. Then I wish to complain to trading standards about Arrow Globals LLC desire to have my Mum take out a loan -in the same month as defaulting her -so unfair practice. Then there are the differing figures -with no break down. If the assignment figure is incorrect I am under the impression it is not legal. It says on the Court claim form that the amount was assigned on 6 June 2007 -their letter on 3 July states it was assigned on 9 March 2007 -the court papers show 6 June 2007 for this. It would seem to me that Arrow Global LLC decided from the start that they wanted a charge for this loan-which is far lower at £4647.78 than any other credit card debt she has. She is actually willing to pay the cards off on CCCS agreed plan-but I will not let such a criminal company fleece her! Any help is much appreciated.30th November 2007 17:12 PS I have just viewed the County court claim form - it lists the claimant as Arrow Global LLC 5996 West Touhy Avenue Niles IL 60714 USA -has anyone else seen such info about them? I saw from other threads that they do not reside in their London address. I have posted a recorded delivery letter to the court stating there is one unknown defendant and the case will be defended. A recorded delivery letter was also sent to Mortimer Clarke-stating there is an unknown defendant on the court papers and that their client has 12 days to send along the Consumer Credit Agreement. Further more since people on this site like to investigate-is blackandwhite.co.uk linked a master broker called Midlands Finance?

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This is amazing....offering somebody a loan is right up against the OFT's rules !!!! You sound like you have done the right thing in the first place, by asking for the CCA....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Hi, this is all very strange, I seem to be living your mums life!!! I too had a letter dated 03/07/07 that stated the balance had been assigned to Arrow Global on 09/03/07. I then get court papers today with another defendant who I have never heard of and lives at the other end of the country to me, and to top it all the particulars of claim state that 'the agreement was assigned to the claiment on 06/06/2007'. I was also to contact and had mail from Blackandwhite.co.uk offering loans and remortgages.To make things even better I have already sent a CCA request to Marlin who after commiting an offence (being well over the 12+2+30 days) sent me a barely legibly copy of an application form, minus any terms and conditions. In the court papers recieved today the date of the alleged credit agreement does not match the date on the application, which they told me in writing was my credit agreement. And to be extra cheeky they have added some interest to the ammount allegedly owed, which had remained the same for nearly a year.Have only just got in from work but will be phoning the court for advice tommorrow and keep you posted.I got bored a while back and google earthed the postcode of Marlin/Mortimer Clarke Solicitors and it appears that they work from a converted cow shed in the middle of nowhere!! In addition looking on the Law Society website there is only one registered solicitor working for Mortimer Clarke and his name isnt Mortimer. You can find his name in the small print at the bottom of their headed paper.Anyway good luck!! PS is anyone else living our life, maybe we will all get the same court date!!!

I'm in the DCA kicking business ..........and business is good!!!!

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Hey there,

I sent you a private reply. But I just had a quick look at your post. It seems Arrrow really love the 6.6.07 time for assignment. This court doc is showing the same. You can try the court-I found them zero help today. They said to paraphrase Sylvia on reception-you need to ring Mortimer Clarke-they have made quite a lot of errors like this. I did find the national debt help line very helpful. CCCS were not. The chap I spoke to on Monday was good-but the lady today was not. She thought I was a creditor at first and seemed to be into the roll over and die mentality. I would say they are good people. But we are not dealing with good people. I have spoken to one person who used to work for one of these debt companies, I spoke with a person who worked for yes car credit and some master brokers. They will probably burn in hell. But in the mean time I intend to give them nothing. I notice that you sent for SAR's were they much help to you? I will probably extract one from MBNA. This is actually an Alliance and Leicester/ MBNA debt - so there is similar but not duplicate paper work from them. One of CCA requests has gone with a complaint to Allaince and Leicester.

 

I am away on further training tomorrow. But can collect my email in the evening. Infact most other days but tomorrow I can collect it at any time. So feel free to send a private message.

 

Have a look at the private messge-I put a link in for you.

 

bye Jdc911 :-)

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Hello All,

Thought I would join this little club ..... not exactly the same situation as your posts but ... received letter from Arrow dated 03/07/07 ..... for MBNA card ...... I had been and still am paying by CCCS (who although I am pleased with for help ... I find they seem to have a little too much loyalty for the creditors!!) .... see my thread Chalkitup v DCA's where without my authority or even talking with me first CCCS changed payment from Citi to 1st Credit just because 1st Credit phoned them and told them they wanted all payments now!!!!!

I have sent CCA to CBS (working for Arrow) but nothing received.

Will watch this thread for updates and keep you informed of my updates but please be patient with me as been rather unwell and just starting to fight all the creditors again.

 

Onwards and Upwards.

 

Chalkitup

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Hi JD,

Thanks for starting your own thread. It will help later. I think it is quite disgraceful that any creditor goes after an older person in this way but unfortunately we have to deal with the bast##ds of this world!

Let’s see what we can help with. First, I’m not sure if a CCA will stop Arrow if they have started litigation by issuing Court proceedings (an N1 claim form). Don’t worry as the Court rules allow for greater disclosure then the section of the Consumer Credit Act. The CCA requests against the other parties should be useful though.

Since you have received a court sdummons, your Mum must acknowledge service by completing and returning the acknowledgment slip at the end of the claim form as you only have 14 days from the date of service to do so.

You can then send a letter to Arrow demanding disclosure of various documents. Don’t send this letter to their American address. They have to provide an address on the claim form that is in Britain for people to respond to them. Usually, this will be the address of their solicitors, Mortimer Clarke. I’ll try to dig out a template of a suitable letter that was drafted by some very good Caggers (unless someone else posts the link). You have to allow Arrow a reasonable time to produce the documents. (Around 7 to 14 days)

You must then file a defence with the Court. You have only got 28 days to do this from the date of service. In view of the holidays, you should aim to do this earlier rather than later. There are some templates for a defence on other threads but PM me if you need any specific help.

Doc

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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Hi Docman, Well I sent the letter below to Arrow, I sent an SAR to Alliance and Leicester/MBNA with a £10 postal order and have sent an acknowledgement of service to the court. I also sent a letter to the court about the fact that one defedant is unkown. I spoke with the court yesterday who said Mortimer Clarke had made some errors like this and I had to speak to Mortimer Clarke. So I wrote to them stating the other defendant is a data protection issue, that their client needs to produce the details in the letter below and that the case will be defended. The letters went special delivery. Today I received some info from the national debt line. Which I will look at shortly. I have been away on a Cisco course. I think the CCCS are good, but a bit creditor friendly as well. CCCS did not know MBNA are using Mortimer Clarke -they had expected Copes-which I notice from other threads they did use.CCCS basically advised laying down and dieing. No matter I am sure with the help of people on here, common sense and persistence Arrow Global LLC can be beaten. I would really like to complain to trading standards about their methods. I am not sure if this should wait until the court case is over?

Name

Address

5 December 2007

Arrow Global LLC

2 The Courtyard

Beeding Court

Shoreham Road

Steyning

West Sussex

BN44 3BJ

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 15 December 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Alliance and Leicester/MBNA.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

 

Yours Faithfully,

Name

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Hi all,

I phoned Northampton Court today regarding my court papers which had a mystery co-defendant, and the lady I spoke to was quite helpful. Once I had given her the claim no. she told me that Mortimer Clarke had filed a huge number of claims with errors in them. She told me to write across the front of the claim form 'CLAIMS IN ERROR' and return it to the court using the PO box number on the back of the delivery envelope. I will be doing this and sending it special delivery.

Anyway I am going to write to Trading Standards and the Solicitors Regulation Authority to report the lack of basic standards demonstrated by Mortimer Clarke. I would urge anyone else who has received court claims with errors from them to do the same. The more who do, the more chance of something being done.

Pookey

  • Haha 1

I'm in the DCA kicking business ..........and business is good!!!!

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Hi All,

A quick update. I spoke to Northampton Court again today. They agreed that a "Claims in Error" should be returned. But in this case I was advised to actually send it back to the court manager. With a brief explanation -that an acknwowledgement of service had been sent to allow a defence to be made. No problem there. It gives more time for the defence to compiled. The second lady Shiela was really helpful and advised always keeping a defence when dealing with this company . She even asked me to check all the wording on the claim-since these have been incorrect :-) I spoke with a friend in law last night. She thought that Mortimer Clarke would try to argue a clerking error when the solicitors regulation authourity receives a complaint. But if the level is high -and indeed at all with this company. I feel they deserve every possible sanction. So onwards with the defence and good luck to every one fighting on this site :-)

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Hi,

I received a letter today from Mortimer Clarke solicitors stating that a number of claims with incorrect details have been sent out from Northampton Court Bulk Centre, due toan error in their system prior to transfer of data to the Court. They enclosed a Notice of Discontinuance, but couldn't even get this right, as my mystery codefendant has changed from a Mrs to Mr! They then say that new claim forms will be sent out dated 11/12/2007 or later, I look forward to see what they can get wrong this time!

pookey

I'm in the DCA kicking business ..........and business is good!!!!

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Hi Pookey Monkey,

With regard to the discontinuance-since this site advises to sign nothing by hand. How are we going to send it back? I suppose I could scan it in and then paste a signature :) It has to be posted back to Mortimer Clarke and I do not trust them at all. I was looking at their first letter. It most certainly was not written by a solicitor. The general language is every day speech. The crawling one about the error might have been written by one and then copied by a minion to all.

 

Oh I was thinking after other threads. MBNA most probably do not have an agreement to send -thus the offer of a loan. Egg it would seem to do the same as well. I know Egg were taken over but I not sure which company bought them-it might be MBNA.

 

Enjoy your day!

 

bye,

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HI All,

Just to update. I made a complaint to trading standards today with regard to the Arrow Global OFT unfair practices and also included in the complaint black and white.co.uk. I will be getting a call back within five days.

 

I checked the Royal Mail site and have no idea why the CCA request was not delivered to the Alliance and Leicester section of the MBNA complex. I addressed it to Scott Bailer-who signs himself director of customer assistance for Alliance and Leicester on one letter and for MBNA on another!

 

Stay warm guys :-)

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Hi all ,

Well the Trading Standard are investigating Arrow Global LLC and will pass it onto their local trading standards if necessary. I had to send them photocopies of their loan invitations to blackandwhite.co.uk. I see in one artible Arrow Global have been fined. Mortimer Clarke suddenly grasped that they need to send a CCA and Deed of assignment. They wrote a letter stating they cannot meet the 12 days stipulated. Who cares-its their noose that will be tightening!

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An Illinois collection agency owned by Sallie Mae has paid a $125,000 civil penalty after an investigation by the Minnesota Department of Commerce discovered 15 violations of Minnesota law.

The fine is the largest civil penalty ever imposed against a collection agency licensed in Minnesota.

The Department of Commerce’s investigation alleged that Niles, Ill.-based Arrow Financial Services:

Withdrew money electronically from a debtor’s checking account without authorization and after two separate requests to stop.

Contacted debtors at work after requests to stop.

Disclosed debt information to a debtor’s co-worker.

Allowed a collector to contact a debtor prior to receiving a debt collector license, and submitted an application for a debt collector’s license despite a recent felony conviction.

Failed to respond to the Department of Commerce’s request for information, failed to provide responses from individual debt collectors and failed to provide copies of debtor work logs.

“This company says it provides courteous and professional service, but they missed the mark,” Commerce Commissioner Glenn Wilson said. “The violations are serious and we cannot and will not tolerate this type of activity in Minnesota.”

Also as part of the penalty, Arrow Financial Services must design and implement a compliance program within 60 days to address the areas where violations occurred.

The company is part of Sallie Mae (NYSE: SLM), a Reston, Va.-based company that primarily provides federal and private student loans. In addition to student loan debt, Arrow Financial Services also collects credit card, utility, telecommunication, retail and automotive debts.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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An Illinois collection agency owned by Sallie Mae has paid a $125,000 civil penalty after an investigation by the Minnesota Department of Commerce discovered 15 violations of Minnesota law.

The fine is the largest civil penalty ever imposed against a collection agency licensed in Minnesota.

The Department of Commerce’s investigation alleged that Niles, Ill.-based Arrow Financial Services:

Withdrew money electronically from a debtor’s checking account without authorization and after two separate requests to stop.

Contacted debtors at work after requests to stop.

Disclosed debt information to a debtor’s co-worker.

Allowed a collector to contact a debtor prior to receiving a debt collector license, and submitted an application for a debt collector’s license despite a recent felony conviction.

Failed to respond to the Department of Commerce’s request for information, failed to provide responses from individual debt collectors and failed to provide copies of debtor work logs.

“This company says it provides courteous and professional service, but they missed the mark,” Commerce Commissioner Glenn Wilson said. “The violations are serious and we cannot and will not tolerate this type of activity in Minnesota.”

Also as part of the penalty, Arrow Financial Services must design and implement a compliance program within 60 days to address the areas where violations occurred.

The company is part of Sallie Mae (NYSE: SLM), a Reston, Va.-based company that primarily provides federal and private student loans. In addition to student loan debt, Arrow Financial Services also collects credit card, utility, telecommunication, retail and automotive debts.

 

 

Do you have the original reference for this article? I think that if anyone has any trouble with Arrow, they should send the full article to the OFT and question Arrow's fitness to have whatever licence they have in this country. Any regulator will take a fine by another regulator into account when determining whether the firm is fit and proper to hold a licence. This kind of report is ideal to stop Arrow.

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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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks. I've had a look at the Minnesota Dept of Commerce site and reproduce their official press release. Wow! I DARE any TS dept in the UK to live up to this standard of consumer protection.

 

 

blank.gif Commerce Commissioner takes action against collection agency

 

For Immediate Release: November 28, 2005

Sallie Mae entity pays record civil penalty; will design compliance plan

(St. Paul) - A year-long Minnesota Department of Commerce investigation into the practices of a collection agency owned by Sallie Mae has resulted in the largest civil penalty ever imposed against a collection agency licensed in Minnesota. Minnesota Commerce Commissioner Glenn Wilson announced today that Arrow Financial Services LLC of Niles, IL has paid $125,000 and will design and implement a compliance program within 60 days.

"The laws regulating collection practices in Minnesota are intended to protect consumers and we expect full compliance from collection agencies that do business here," said Commissioner Wilson. "This company says it provides courteous and professional service, but they missed the mark. The violations are serious and we cannot and will not tolerate this type of activity in Minnesota. That's why a comprehensive compliance plan is part of the consent order."

The compliance program will be reviewed and approved by the department and must include:

  • Designation of a compliance officer in charge of all regulatory compliance matters. The compliance officer shall report directly to the President and Board of Directors.
  • A training program for all of Arrow's debt collectors registered in Minnesota to specifically include the Fair Debt Collection Practices Act and Minnesota debt collection laws.
  • Arrow's Minnesota registered debt collectors must sign a statement wherein the debt collector acknowledges that they have completed training and that the training included debt collection law.
  • Arrow will establish written policies and procedures for screening debt collector applicants prior to submitting registrations. The system will include a criminal background check.

Arrow is a part of Sallie Mae, a company that primarily provides federal and private student loans. Sallie Mae was originally created as a government-sponsored entity, but terminated corporate ties to the federal government in 2004. In addition to student loan debt, Arrow collects credit card, utility, telecommunication, retail and automotive debts.

The Department of Commerce investigation alleged that Arrow and/or its collectors engaged in more than 15 violations of Minnesota law, including:

  • Withdrawing money electronically from a debtor's checking account without authorization and after two separate requests by the debtor to stop. Arrow also collected more money than the creditor had authorized.
  • Continuing to contact debtors at their places of employment after receiving notification to stop. In one case, a debtor sent 5 letters (3 certified) and 3 emails that specifically stated that the debtor's employer prohibited phone calls at work. Arrow also falsely told a debtor that such requests had to be in writing.
  • Disclosing a debtor's information to a third party - in this case, a co-worker at the debtor's place of employment was told about the debt and Arrow's attempt to collect.
  • Failing to establish procedures when screening collector applicants prior to submitting to the commissioner for registration as required by law. In one case, Arrow submitted a debt collector registration to the department that included documentation that showed the applicant did not qualify for licensure due to a recent felony conviction. Arrow also allowed an unlicensed debt collector to contact a Minnesota debtor prior to receiving a debt collector license.
  • Failing to respond to the department's request for information, failing to provide responses from individual debt collectors and failing to provide copies of the debtor work logs. Arrow failed to respond to initial contact letters and certified letters from the department requesting responses to several complaints in violation of Minnesota law.

Since January 1, 2003, the Minnesota Department of Commerce has taken 33 enforcement actions and imposed $309,500 in civil penalties against collection agencies and debt collectors.

In 2004, Alliance One Receivables Management Inc. of Pennsylvania paid a $70,000 civil penalty for alleged violations of state collections law. Alliance allegedly allowed their collectors to provide false information to consumers in an effort to collect debts. In one complaint, a consumer was wrongly told that payment could not be made by mail, but only by phone through an electronic funds transfer. The complainants were told that a late fee would be added if they did not pay electronically. In addition, Alliance allegedly violated Minnesota law by employing unlicensed debt collectors, not properly disclosing their licensing status on written documents sent to consumers, and failing to respond the Department of Commerce in a timely manner.

The Minnesota Department of Commerce licenses and regulates collection agencies and debt collectors operating in the state. The Department also regulates insurance, real estate, state chartered banking and other industries.

Consumers with complaints or questions about the conduct of collection agencies or debt collectors may call the Minnesota Department of Commerce at (651) 296-2488 or toll free, 800-657-3602.

Additional background for media

  • In Minnesota, collection agencies must be licensed and individual debt collectors must be registered with the Department of Commerce.

Collection agency

  • 879 licensed to conduct business in Minnesota
  • Defined as a business that collects, for others, bills or other indebtedness from debtors who have not paid an account to a creditor.
  • Collection Agencies also include "letter service" companies that supply creditors with form letters directing debtors to make payments to the creditor.

Debt Collector

    • 30,961 registered in Minnesota
    • Defined as a person employed by a Collection Agency to collect bills or other indebtedness from debtors who have not paid an account to a creditor.
       

    [*]Collection agencies and the debt collectors that work for them must abide by Minnesota law when attempting to collect a debt owed by a Minnesota resident. It is also a violation of Minnesota law when a collection agency violates the federal Fair Debt Collection Practices Act, which is enforced by the Federal Trade Commission. In part, the federal law prohibits collectors from:

    • Contacting debtors at inconvenient times or places, such as before 8am or after 9pm.
    • Contacting debtors at work if the collector knows the employer disapproves.
    • Contacting a debtor if he or she writes a letter to the collector telling them to stop making contact. Sending such a letter to a collector does not eliminate the debt and the collector or the original creditor could still sue the debtor.
    • Debt collectors may not harass a debtor by using threats of violence or using obscene or profane language.
      Collectors are required to:
    • Contact an attorney representing a debtor.
    • Send a written notice indicating the amount of money owed, the name of the creditor, and what action to take if there is a dispute about the debt.
      Collectors may:

    • Contact other people - but only to find out where a debtor lives, a phone number, and place of employment. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone that a debtor owes money.

    [*]Consumers with complaints or questions about the conduct of collection agencies or debt collectors may call the Minnesota Department of Commerce at (651) 296-2488 or toll free, 800-657-3602.

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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Hi 42man and docman,

Trading standards rang me again today. They are writing to Marlin Financial Services and Mortimer Clarke(solicitors for Arrow Global Llc/ Marlin Financial Services). I mentioned both your articles and the lady from TS asked me to send the links. Do you have the link for your article please docman?

 

Mortimer Clarke have become very polite and attentive after the CCA, SAR and other letters. MBNA/ Alliance and Leicester credit card sent what they claim is a CCA-which to me looks like an application form. It is so unclear I will make them send it again. TS also want to look at the paper work they are sending. TS said Marlin Financial Services Ltd are the company representing the holding company of Arrow Global LLC. She also said most such companies have a liason dept for each region. There is none for Arrow Global LLC and she will be looking into them further. Thus the requests for the links since she was very interested in those as well.

 

The invitation for a loan whilst not illegal is frowned upon. She is writing Marlin Financial Services Ltd and the solicitor Mortimer Clarke about that as well. So we will see what happens next.

 

Another query. A large envelope arrived which is probably the statements from the SAR request. I have just got back. If there are charges, which are not legal, then if these charges are claimed back-the amount which MBNA had wished to assign would be different than the true amount. Would that make the amount claimed legally invalid?

 

Thanks bye :-)

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Update

 

Hi All,

I opened the envelope from Alliance and Leicester in which their assistant vice president states they are not charging for the SAR. Interesting that is was a postal order-so I have paid for it.

 

From what I understand of the SAR it should show all the credit card statements with information added by hand by MBNA/ Alliance and Leicester staff. This on the other hand is shows dates e.g 4 Jan 04, fee type 33, transaction type, transaction description and amount. From what I have read tonight on the forum some members have had to take them to court to extract the true SAR. I am emailing Trading Standards tonight-so any help is appreciated on this.

 

Thanks, Bye :-)

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The link is in my post number 16 above....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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The link is in my post number 16 above....

 

After 42's great find, I checked the regulators site and found the details on the following link:

 

Minnesota Commerce : Commerce Commissioner takes action against collection agency

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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Hi thanks for the links, West Yorkshire trading standards will be looking at them tomorrow. The lady sounds helpful, switched on and definately against DCAs!

 

Enjoy the weekend ahead-bye :) :)

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Me too.

 

"And to be extra cheeky they have added some interest to the amount allegedly owed, which had remained the same for nearly a year."

 

And in the Particulars of Claim small (very) print :

 

"Interest at the rate persuant to the agreement namely XXX.X & continueing until Judgement or sooner payment at the daily rate of 0.79 or in the alternative interest persuant to section 69 of the County Courts Act 1984, also, interest at the rate pursuant to the agreement from the Judgement date until payment."

 

Which calculates out at aprox £30+ per day.

 

Which about equates to my income.

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Hi there theoldie,

Have you sent them an CCA, SAR, Deed of Assignment request by special delivery? After a raft of letters including that their action be defended - Mortimer Clarke have been silent. Except for a relatively polite and more competently constructed letter stating that a CCA and Deed of assignment had been requested-but they could not meet the twelve day dead line I gave them. The CCA is an application form from what I can see of it. It is a scanned fax with a dd pasted in at a diagonal and no Deed so far. The SAR does not look like that which forum members have obtained. Its a combination of patience, planning and always looking for the worst thoughts a human can come up with; with these savages.

 

Let me know how you get on!

 

bye, Jdc911

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  • 3 weeks later...

Hi all Happy 2008!

Just had another letter from Mortimer Clarke for my Mum. Dated 3 Jan 2008 and arriving today 7 Jan. It is another LBA -with a different and lower figure lol. I just wrote a letter which is going out special delivery in the morning. It states Mortimer Clarke have not been able to produce a legible CCA - they produced an almost illegible application form and no deeds of assignment. Alliance and Leicester/ MBNA managed to produce some printed junk instead of an SAR. So I scanned it and reported that and the CCA to my trading standards.

 

Mortimer Clarke along with Arrow Global LLC are getting a letter from West Yorks trading standards this month. I think Black and White Group need someone like the FSA looking into them. I will check further with trading standards.

 

I can see MBNA having to be taken to court to extract an SAR and thus I paid for the small claims book in December. I am too sure how long it takes to arrive. Has anyone else bought it? I tried the stickers from CAG-they do seem to elicit quite a quick response.

 

WIll keep you all updated.

 

Enjoy your week :)

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