Arrow Global / Brian Carter VS ME - CCJ now issued on the sly - HELP ME PLEASE

[slayer03]

Hey im new so please be nice

 

I was visited at my home by an agent from Arrow Global an american company who i have never heard of or recieved any corrospondence from regarding a debt with Halifax bank (my old overdraft). He caught me off guard and i was unsure what to do so i told him the truth, im a single parent on benifits with two kids and i have no disposable income!!! JOY he left

 

BUT....he came back again i answered as i thought it was my mum lol (silly me i know) telling me i needed to pay the £1500 patheticly low debt from 2004 within 48 hours. he also told me if i did not i would be taken to court and the proposed £5 disposable income i may have will be increased by the court by 75%.....so this is me getting confused now a court making you pay what you cant afford??. This agent who was at my door might i also add hadnt arranged to call and then decided to take a picture of my house (which i do not own i rent) and then tell me i would need to prove i lived alone to Arrow globel if i wished to set up a payment plan ???? is it just me or do they seem a bit of an odd debt recovery company.

 

I was furious they took a picture of my house as im sure this is not allowed especially if i dont own it and the fact he had found out who i rented my house off by investigating me which has nothing to do with them, also he had finished talking he took out his phone and pressed something so im pretty damn sure he was recording me which yet again i doubt they can do!!! he gave me a card with there number on and a card with What happens if you dont pay on it! so now im stumped at what to do as the agent told me that if i set up a payment plan then i would have to pay £65 a month which i cannot afford and they will not accept a lower amount. please please help

 

[PGH7447]

Hi and welcome. nice company these arnt they:)

 

Hey im new so please be nice

 

I was visited at my home by an agent from Arrow Global an american company who i have never heard of or recieved any corrospondence from regarding a debt with Halifax bank (my old overdraft). He caught me off guard and i was unsure what to do so i told him the truth, im a single parent on benifits with two kids and i have no disposable income!!! JOY he left - appearing without prior permission is not allowed, if he returns tell him to F Off or you will call the police / secondly if you have his name report him and his company to TS and OFT

 

BUT....he came back again i answered as i thought it was my mum lol (silly me i know) telling me i needed to pay the £1500 patheticly low debt from 2004 within 48 hours. he also told me if i did not i would be taken to court and the proposed £5 disposable income i may have will be increased by the court by 75%.....so this is me getting confused now a court making you pay what you cant afford??. This agent who was at my door might i also add hadnt arranged to call and then decided to take a picture of my house Report him to the Information commisioners office for processing/obtaining data personal info without authorisation (which i do not own i rent) and then tell me i would need to prove i lived alone to Arrow globel if i wished to set up a payment plan ???? Sod all to do with them is it just me or do they seem a bit of an odd debt recovery company. All this is total B*llsh*t designed to intimidate and fighten

 

I was furious they took a picture of my house as im sure this is not allowed especially if i dont own it and the fact he had found out who i rented my house off by investigating me which has nothing to do with them, also he had finished talking he took out his phone and pressed something so im pretty damn sure he was recording me which yet again i doubt they can do!!! he gave me a card with there number on and a card with What happens if you dont pay on it! What exactly does the card say so now im stumped at what to do as the agent told me that if i set up a payment plan then i would have to pay £65 a month which i cannot afford and they will not accept a lower amount. please please help

 

 

 

OK first off sent them this letter

 

 

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

 

Bit late but who cares

 

secondly if this is an overdraft debt, contact the bank and send them a SAR

 

Subject Access Request - Consumer Wiki

 

This costs £10 and demand all statments and info regarding this account, lets see what charges they have added.

 

If numpty comes back state that the account is now in dispute over alledged unlawful charges

[debtsurvivor]

PGH has given you a great action plan, get on and do as he say you will feel better for it.

 

I am so sorry this *** has put you through this, I only ever had a face to face caller in connection with my mortgage ( he was in fact reasonably helpful).

 

Keep checking in a CAG there is plenty of support her.

 

Regards

 

DS

[slayer03]

Thankf for your help im getting on that now.

 

one card says

 

Time to talk

(there number)

Proposed debt repayment plan

we thank you for taking the time to discuss your liability to Arrow Global with our representitive. (i didnt discuss liability to Arrow)

 

Unfortunatly it did not prove possible to arrive at a satisfactory arrangement today. As explained, if you feel that you are unable to pay the debt immediatly, it is in your interest to complete a proposed debt repayment plan. In oreder to facilitate this please call the number below with in 7 days. please allow 15 minutres of your time for this call and please have available accurate information relating to your income and expenditure.

 

 

the other card says

 

Pay attention

 

You have refused to pay Arrow Global

you have failed to provide a ligitimate reason for your refusal and in the circumstances we are providing you with this leaflet. we suggest you take time to concider, so that you are fully aware of the options available to arrow global.

You have previously been given notice, pursuant to The law of property act 1925 (notice me where??). your debt is now due from you to arrow global.

Arrow global is an international persuer of recieveables (debt) and conducts no other business. Arrow global intends to collect full payment of the perchased debt. Arrow global does not write off debts which are recoverable and is dilligent and commited to all aspects of its collection activity. Our financial performance relies entirly upon the ability to obtain payment from debters such as you. you should be in no doubt that arrow global will vigorously persue all monies owed.

 

blah blah there stats are next

then they say if i do nothing this will happen:

*warrent of execution

*high court enforcement officer

*charging order (dont own my house)

*attachment of earnings (no job)

*third party debt order

*examination of debtor

*insolvency act

 

 

 

oh and i have the guys first name and mobile number...shall i ring him and ask for last name so i can report him??

[PGH7447]

Nice threats as usual, DO NOT PHONE EVER

 

Send the sar to the original creditor.

 

arrow globalls cant do any of the above without going to court first.

 

send those cards to Trading standards and make an official complaint against this crappy company

[slayer03]

Nice threats as usual, DO NOT PHONE EVER

 

Send the Subject Access Request to the original creditor.

 

arrow globalls cant do any of the above without going to court first.

 

send those cards to Trading standards and make an official complaint against this crappy company

 

Cheers any ideas of what to write in letter of complaint to trading standards? im crap at writing letters lol whats there addy btw?

 

oh and shall i ring that guys mobile to get his last name to complain?

 

cheesr for the great advise btw its re assured me loads

[PGH7447]

just put Trading standards into a search engine and get the one closet to your home

 

dont phone ever

 

will compose a letter for you and post it up tomorrow

[slayer03]

just put Trading standards into a search engine and get the one closet to your home

 

dont phone ever

 

will compose a letter for you and post it up tomorrow

 

ok thank you very much

[PGH7447]

Try this

Dear Trading Standards

I would like to raise an official complaint against the following firm Arrow Global and in particular a doorstep collection agent (Name and mobile number)

On (Date) this person attended my property without permission and proceeded to question me about an alleged debt (Enter Details of debt)

I informed him of my financial status at which point he stated (enter what he said) and left, only to re-appear a few minutes later and informed me that I had to to pay £1500 within 48 hours. he also told me if i did not i would be taken to court. I informed him that this was not possible at which point he started to demand further personal information from me and at one point even took pictures on his mobile phone of my rented accommodation.

I also gained the impression from his actions that he had actually recorded our conversation but did not inform me that he was recording.

He then proceed to hand me the following postcards

The first postcard says

 

“Time to talk

(add number)

Proposed debt repayment plan

we thank you for taking the time to discuss your liability to Arrow Global with our representative.

Unfortunately it did not prove possible to arrive at a satisfactory arrangement today. As explained, if you feel that you are unable to pay the debt immediately, it is in your interest to complete a proposed debt repayment plan. In order to facilitate this please call the number below with in 7 days. Please allow 15 minutes of your time for this call and please have available accurate information relating to your income and expenditure.”

Just for the record I have never discussed this with them previously and I believe that these types of firms are not allowed to demand personal income and expenditure information.

 

The second postcard states

“Pay attention

 

You!! have refused to pay Arrow Global

you have failed to provide a legitimate reason for your refusal and in the circumstances we are providing you with this leaflet. We suggest you take time to consider, so that you are fully aware of the options available to arrow global.

You have previously been given notice, pursuant to, The law of property act 1925 (notice me where??). Your debt is now due from you to arrow global.

Arrow global is an international pursuer of receivables (debt) and conducts no other business. Arrow global intends to collect full payment of the purchased debt. Arrow global does not write off debts which are recoverable and is diligent and committed to all aspects of its collection activity. Our financial performance relies entirely upon the ability to obtain payment from debtors such as you. you should be in no doubt that arrow global will vigorously persue all monies owed.

 

 

Then it says if I do nothing the following will happen:

*warrant of execution

*high court enforcement officer

*charging order

*attachment of earnings

*Third party debt order

*examination of debtor

I consider the actions of this person and his company to be both threatening and intimidating and would like trading Standards to investigate this companies practice, and in particular this representative to decide if an offence has taken place.

Your etc etc

[mandyjayne]

Hi Slayer03..

 

Dont worry there is loads of help on here..just keep checking in! I am in a court battle with Arrow myself..have a look on my thread -ccj/charge on home - i am not here to give advise, as i am being looked after as well by these great people on here!

regards MJ

[slayer03]

ok so heres the update on this...i heard nothing after my communication with them from the advise about.

 

i recently recieved a letter dated 19th of august from northampton county court and brian carter lol...the letter from the court is a claim form.

anyways i replied to the court and ticked the box i contest all juristiction as i read some advise on here and sent brian carter a letter froma template on here asking for the assignment, the default notice the termination notice and any other documents about this claim and said that the letter was made under CPR 31.14

So today i recieved my reply from Brian carter heres what he wrote lol

 

Thank you for your recent letter, the contents have been noted.

 

We do not concider that your request, in its entirely, to be reasonable as we believe this matter should most properly be allocated to the small claims track. It wa\s our clients policy to issue agreements on or around the date of contract and the statements throughout the duration of the agreement. If yiou require further copies of the same please write to the client direct.

 

In the meantime we have referred you request to our client and will revert to you in due course.

 

 

 

 

 

ok so to me hes making out i had an agreement with arrow globel and tbh i dont know anything about them apart from what i have been told on here

 

What should i do please help me

 

many thanks in advance

[slayer03]

ok so heres the update on this...i heard nothing after my communication with them from the advise from the advise given to me on here in 2008.

 

This is from a debt that on my credit file shows last history in 2004 with Halifax Bank

 

I recently recieved a letter dated 19th of august from northampton county court and brian carter lol...the letter from the court is a claim form.

anyways i replied to the court and ticked the box i contest all juristiction as i read some advise on here and sent brian carter a letter from a template on here asking for the assignment, the default notice the termination notice and any other documents about this claim and said that the letter was made under CPR 31.14

So today i recieved my reply from Brian carter heres what he wrote lol

 

Thank you for your recent letter, the contents have been noted.

 

We do not concider that your request, in its entirely, to be reasonable as we believe this matter should most properly be allocated to the small claims track. It wa\s our clients policy to issue agreements on or around the date of contract and the statements throughout the duration of the agreement. If yiou require further copies of the same please write to the client direct.

 

In the meantime we have referred you request to our client and will revert to you in due course.

 

 

 

 

ok so to me hes making out i had an agreement with arrow globel and tbh i dont know anything about them apart from what i have been told on here

 

What should i do please help me

 

many thanks in advance

[harrassed senior]

That letter is your defence. I have to say I have seen it before. On your credit file there will be a Default date. Check that out. It is SB 6 years (5 in Scotland) from that date.

Hopefully others will be along with more targeted help.

[slayer03]

this is what my credit file says about the debt

 

 

Account type: Bank

Company name: ARROW GLOBAL LIMITED

Start date: 12/01/2004

Default date: 22/03/2005

[harrassed senior]

Statute Barred. They are well out of date. Complete defence.

 

Hopefully someone with knowledge of the Court system will be able to guide you through.

[NailPost]

Carters are playing silly beggars (again) in claiming your letter is unreasonable. So is their court claim if they don't have those documents. Don't believe them when they say they are referring to their client. It seems that Carters have already issued the claim through their favourite court. Your disputing it now means it will be transferred to your local county court and you'll hear from then in the next few days. A date for a hearing will be set and your defence will be - I don't know what this is about becasue the claimant hasn't provided any detaills. The judge will be hugely unimpressed with carter - if it gets that far. It may well be that the next letter from him will be a discontinuance letter. That's the time to slap him with your claim for wasted costs and report the creature to his regulators.

[slayer03]

i know seems silly to tell me i am being unreasonable asking for MY information about this claim funny thing is even on the court claim it doesn't even refer to Halifax in anyway at all and looks to me like i just owe arrow global and no one else lol back in 2008 when I seeked advise on here i asked arrow global for information about this debt and they didn't even reply AT ALL till 2 years later and all i get is a court claim, maybe carter has received the standard letter I send requesting those documents before and is just trying to fob me off thinking i will panic and pay lol well unfortunately for them i like to be able to get all the information i need from people on here that know what they are talking about!! i cant believe he wont send me the docs....does that mean they don't even have them?? and saying i should get them from the client as i had an agreement with them...........i mean come on who ever has a credit agreement for Halifax direct with arrow global.

 

should I reply to carters letter?

if so what should I write

 

and I am keeping all correspondence for if it goes to court because carter are being the unreasonable ones!!!!

[NailPost]

This letter you have received seems to be Carters stock reply these days. I've seen it referred to on other forums. As I mentioned before if Carter has filed a claim and you have indicated you will defend the claim the next you'll hear about it is from your local county court. A hearing date will be set and Carter will have to turn up and persuade the judge using the documents he has refused to supply you the debt is his to collect. He'll find that very difficult if he doesn't have them so he'll end up getting stuffed.

[themagician]

i bet you he discontinues and never

goes to court.

he usually does so he aint gonna change now!

[slayer03]

i hope so cos this is driving me insane and i dont understand why i cant have the documents that are mine and why doesnt the claim from the court have any referal to the debt being from Halifax bank.....seems stupid to me

 

 

so for now i do nothing go to court and show he refused to give me the info i requested etc??

[harrassed senior]

You really do not need to let this concern you at all.

 

What he has done is issued through the Northampton Bulk Centre, which is entirely automated so never sees a human until it reaches you!!. Many, many times these 'go through the system' without anyone contesting, I would suspect that along with yours, several others have been issued at the same time, and they bank on no-one contesting - it is easy money. He is completely flumoxed when someone stands up to him, neither the Particulars of Claim, nor his paperwork are at all satisfactory, and I believe on another identical thread not so long ago, the OP was advised that the particulars of claim were vexatious and incomplete, and as such were a complete defence in themselves.

 

Will see if I can come accross other threads for you to read.

[harrassed senior]

Have a read here: http://www.consumeractiongroup.co.uk/forum/showthread.php?254653-Brian-Carter-Northampton-CC

[slayer03]

thanks for all your advise i do hope he does discontinue as he obviously has no proof that i have this debt with the bank or he would have sent me my info lol

 

i await any further correspondence and will update on here if i get any doesn't he have a time limit to for the info i requested??? even if he claims my request to be unreasonable?

[Bazooka Boo]

Either way you MUST complain about this sad sorry man to the SRA via http://www.legalcomplaints.org.uk/home.page let them know, 'yet again', of how he is acting with near impunity and needs to be struck off and disbarred, also PLEASE make a complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contactthis extremely irritating little man is a total disgrace to the rest of the Solicitors and a complete laughing stock to the whole industry, make that complaint and help get him disbarred.

[Undercover-Elsa]

All the above is true, but he is a slippery customer who likes to get judgement by default. Make sure YOU stick to protocols and time limits.

Send him this:

 

Ref: Case Number:

Dear Mr Carter,

Thankyou for your letter of xxxx in which you state that you feel that my CPR 31.14 request for documents is unreasonable.

 

I feel that my request was reasonable in view of the fact that, in order to justify issuing proceedings, the supporting documents should already have been in your possession.

Under the circumstances, I am prepared to allow an extension of time for you to comply with my Request until [enter date allowing 14 remaining days from the extended time for filing defence], conditional on your agreement to extending the time for filing and serving the fully pleaded defence by 28 days under CPR 15.5.

 

Should I not receive your agreement to this request by (give date 7 days from date of letter), I will have no alternative but seek an extension of time for filing the defence by application to the court and will be seeking my costs of such.

yours sincerely

 

Edit to suit and send recorded or better still special delivery...

 

Elsa x

Edited September 5, 2010 by Undercover-Elsa