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jackjones

GE Money Debenhams Store card debt - now drydens

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Hi GG

 

Thanks for that. I hope it falls at the hurdle on that basis.

 

I've been making payments consistently, without fail for best part of 18 months on time every month, less than the minimum payment, but I've told them repeatedly I cant afford more. so I'm hoping that might also go in my favour too if they decide to take it to court. If the court see that I've been making regular payments.

 

Can i ask if you've stopped paying or kept paying?

 

JJ

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Hi JJ

 

They never complied fully with my CCA request so i stopped payment, and they issued court papers about 6 months later, i have written to them asking them to comply numerous times with no luck.Im about to file my defence to court and see where it goes from there.

 

GG

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GG

 

Good luck with that. Can't blame you for not paying.

 

I'm hoping to send off my subject access asap and I&E and explain this is the most I can pay per month.

 

When you said the DN is invalid as no date to remedy, they mean 21 days from receipt of letter but the fact they've not stated the actual date on the letter means its invalid?

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Quote:

Consumer Credit (Enforcement, Default and Termination Notices) Regulations

1983

 

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

 

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

 

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

NOTES

Amendment

Para 3: in sub-paras ©, (d) words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

Para 6: words "not less than fourteen days" in square brackets substituted by SI 2006/3094, regs 2, 3.

Date in force: 19 December 2006: see SI 2006/3094, reg 1.

 

Thats the info on DN's and the dates.

 

GG

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I've just received a letter from Santander regarding a debt for 10K which i've been paying off for the last couple of years via Scotcall @ 75 p/m which I can just about afford,

 

i've stuck to repaying every month without fail. Might not always be on time but always every month.

 

The letter says that Santander has sold the debt to Arrow Global Management Ltd on 7th May 2013.

 

I got in a panic thinking who are these people?

 

I'm in two minds whether to worry or not, as I've been reading about Arrow on here and get the impression they're not so nice.

 

I've received nothing from Arrow (as yet) but hoping they don't try nasty tricks to get me to pay more or add interest to the account.

 

The original debt was for 5K but thanks to nasty GE Money it grew to 10K.

 

The last thing I need is more interest.

 

Can anybody advise if I'm worried about nothing?

I'll wait to see what Arrow say.

 

Just wanted to add, the debt is from 2003 I think,

my exwife left in 2005,

and I had trouble paying.

 

It was a debenhams account, got took over by GE, then Santander.

 

I was paying them via Scotcall (interest stopped at this point), and they accepted what I was paying.

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It wasnt a store card converted into a credit card by any chance?

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SOLD ON 7th MAY 2013?

Arrow Global are a debt purchase company and it uses an assortment of DCAs to manage/collect debts, they should continue you existing payment plan.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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It was a Debenhams Card going back to 2003.

 

 

So long as I was aware it was just like a credit card in that you could get cash out and shop (but only in Debenhams). I don't think it was converted to a credit card of sorts.

 

I've had a really crappy sleep worrying! :(

 

It says 'you're outstanding balance is being sold to Arrow Global Management Limited on May 7th 2013'

 

Apologies for the confusion Brigadier.

I wasn't sure of a response tagged on the end of here,

so I also posted it as a new thread.

 

Not had a great nights sleep :(

 

Thank you for this, hopefully so. I'll be looking out for their letter when I get it.

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If you are unsure then its worth investigating.

 

OH has one of these and was sure it was just a storecard. But then realised she had used it in other places besides Debenhams. Especially in cash machines. A storecard only allows cashback in Debenhams. If you used a cash machine with it ever I would suggest you have a creditcard.

 

We did a SAR to get the info from Santander. Took ages to get and I know why. It came back and they had morphed the card into a creditcard.

 

No new agreement signed.

 

You just need to check out the Santander v Mayhew case on google to see what that could mean.

 

Our account was same start date as yours and through GE Money. It converted in 2004 little under 12 months after we got it. Our DCA has gone very quiet since we told them we knew what we had.

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No problems, Ok don't loose sleep over this as you have kept to the payment arrangement AG should continue with it, you may find that it will be a DCA that will write to you on AGs behalf AG have acquired Wescot Credit Services and rebranded it, or they may use one of their favourites like Fredrickson.


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Thank you Brigadier. Much appreciated. I will try not to loose sleep!

 

I will update when I get the letter from them.

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urm. I smell a cash cow

 

dx


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pers i'd stop paying and fire off a CCA request to snotcrawl

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

Dear Sir/Madam

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Mr A N Other


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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urm. I smell a cash cow

 

dx

 

Hi dx,

 

Do you mean they'll try to get me to repay more, or add interest?

 

When the loan was with GE, going back to 2009, I'd posted on here actually, here's the past link for info

http://www.consumeractiongroup.co.uk/forum/showthread.php?193268-GE-money-full-and-final-settlement-advice-please

 

I'd sent a CCA request in 2009 under the kind advice of you, and i'd got a reply and some of your members had said it was enforceable. So unless they've lost the paperwork in 4 years, maybe this won't help.

 

I'm just waiting on the letter from Arrow. Like Brigadier says I have been repaying. :(

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old & new thread merged

 

please keep to one thread

 

I still think you have been cash cowed blind

 

you appear to have all the statement from day one?

 

add up all you payments please.

 

if you are paying snotscrawl

that money will be going directly to their pocket.

 

have you checked you cra file recently

 

I bet this debt does not show anymore.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Dx,

 

thank you. I probably have been cash cowed blind! I've actually never looked at my credit file. Is it easy to obtain my credit report? can it be done online?

 

I don't mind paying it off just not any more than I can reasonably afford. I just hope they'll let me keep paying it at or around my current rate.

 

I mean I'm sure I could afford to pay more, but then i'd have no life whatsoever, and if it went to court I'd have to produce my incomings/outgoings and I fear I'd be bled dry! I have no problem accepting responsbility for my mistakes but its in my name and ex-wife just upped and offed. Sorry to waffle.

 

I don't have the statements from day 1, so I can't add up the payments. I know the debt over the years has probably doubled.

Ive been paying snotcall for a couple of years now, I think they've got about 2000 off me last time I checked online.

 

it would be interesting to see my credit report to see if its on there. It was from about 2003.

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cra details are below

 

I can guarantee you've been cash cowed blind

 

also looking at the cca

you have PPI so you can claim all that back as well.

 

look on your card statements

 

should say about cover plan every month and a figure its costing you.

 

please....

stop payments now.

 

dx

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Have read your thread again in total.

 

Your default notice states your Debenhams Gold Dual Card.

 

Our Debenhams Dual Card was one of these uprated storecards. Your CCA is for a storecard same as ours but Santander v Mayhew goes to show that they needed to get you to sign a new agreement when it was uprated. If you have a SAR which you were off to get back in 2009 then you should see the uprating in the coms log if it happened.

 

Might not be the case for you but I would be suspicious of what its saying your card was on that Default notice.

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Hi Ken,

 

Thanks for going through my thread, much appreciated. I'm very grateful for all the help you CAG'gers give.

 

I hadn't noticed that actually. I know somebody pointed out the Default Notice wasn't valid but I started making payments after that.

 

I don't recall signing an updated agreement!

 

So, are you saying that my card is in fact a DUAL card and the CCA they provided was for the previous card, and isn't valid?

 

I haven't asked for an SAR, just that CCA.

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I am not saying anything cause I cant be sure.

 

But ours is a dual card. Santy wouldnt give us the SAR so we went to Ana Botin at the top and included the ICO in our complaint. SAR turned up along with Coms log of change over to credit card.

 

Also there was a CCA exactly like yours from when it was opened but no updating CCA. It was originally referred to as a storecard but then started to be called a dual card on statements etc.

 

You cant get a gold card unless you were a very good customer and it was GE Money who decided who was naughty and who was good. Not you. They then up rated the chosen ones. And if they did this without asking you then perhaps they also changed it to a credit card at the same time without asking you.

 

Finally we have asked for a CCA from our DCA and they have dropped it like a hot potato. No CCA arrived yet but we know it exists cause we have it. But in our CCA request we did ask for both the store and credit card CCA's. Have heard nothing from them in over 6 months and before the request they were in contact at least monthly.

 

But read Santander v Mayhew. Get your SAR off and find out if you have one of these dual cards. The default could be a mistake. But it also could be the smoking gun you want.

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Thanks Ken. I will send off for one.

 

But with the debt being transferred from Santander to Arrow Global, I'm thinking I should send the SAR off direct to Santander? Or the DCA Santander have been using? (Scotcall)

 

Jason

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SAR Santy.

 

If you SAR AG or Scotcall all you will get is a few lines of what you owe. Your just a number on a spreadsheet to them. I would be sending a CCA request to AG when the raise their heads. See what they have.

 

Like I say you wont really know till you get a SAR back.

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Yes please do, sleep well!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi quick update

 

I was told by Santander in early May that the debt was being sold (see my earlier posts) to Arrow Global on 7th May.

 

I was paying Scotcall online on time every month.

 

Its now 16th May, I have heard nothing from Arrow Global or anybody, I held on making payment this month to Scotcall (since it has been sold) and thought I'd pay the new owners.

 

In the meantime on good advice of this forum, I've sent Santander a Subject Access request letter and asked CallCredit for a copy of my credit report.

 

So I'm still waiting this long, wondering in my head what's arrow global doing? my debt is about 10K and worrying already that i'm going to get taken to court (even though i've been making regular payments) and be bled dry of any disposable cash.

 

Miserable!

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