HELP REQUIRE with 'Notice of intention to serve a statutory demand Pursuant to section 268 (1) of Insolvency Act 1986'

[debtfighter1]

Hi All,

I am new to forum and need some urgent help please.....

I have received a notice of intention to serve a statutory demand notice from Arrow Global in the post at my home address.

 

Letter's wordings are as follow

 

 

Debt owed to Arrow Global LLC

Amount Outstanding £2595.48

Assigned by Vodafone (Account Number XXXXX)

 

We refer to the above debt which, as you have previously been notified, was assigned to arrow global llc on 12/11/2007.Since then you have been sent various communications by debt collection agencies action on the company's behalf requesting payment of your debt.

 

Your debt is now being dealt with internally and all previous agencies instructed by arrow global have been advised to cease all and any collection activity. Any enquiry should be directed to the address and telephone number contained in this letter.

 

The debt is due and owing and has been for a considerable period of time. To date you have failed to pay in full or propose an acceptable instalment arrangement. So far as we are aware, the debt owed is not the subject of any dispute.

 

As a consequence of the above we intend to serve you with a Statutory Demand pursuant to section 268(1)(a) of the insolvency Act 1986.A process server will be instructed to attend your address and deliver the demand to you personally.

 

You should be aware that a statutory demand is the first step to bankruptcy. Judgment of a court is not required.

 

You will appreciate that this matter has reached a critical stage. We have prepared the statutory demand, but will not arrange service upon you for a period of 14 days from the date of this letter.

 

 

I took a mobile phone contract from vodaphone back in 2005 which was registered to my previous address (changed house 3 years ago).And after two month I lost the phone and until I notice that, some one had made a lot of international calls and bill reached to £700.I spoke to vodaphone that I had a limit set-up on my account of £200 then why didn't you block the usage. They weren’t ready to corporate in any sense and wanted me to pay the whole bill. I couldn’t afford that kind of amount so I cancelled the direct debit and after couple of threatening letters they said that my bill has gone up to £1450 which includes line rental for the remainder of contract period and also hand set price. I ignored all communication from them and after about 3 months they stopped any correspondence. And now after about 4 years I received first letter from arrow global (above) and as they says they have sent many letters which isn't true (probably they sent to my previous address which I am not aware of).And now they are going to serve me with statutory demand notice if I don't response in 14 days from the date of letter (4 days left for that). Also I am not sure how have they made the outstanding balance from £1450 to £2595.48.

 

What can I do in this situation? To find out break down of outstanding amount, should I send the subject access request to Vodafone? If I do that then how can I stop arrow global to serve the statutory demand notice, or should I be requesting that to Arrow global directly as they said in their letter that all the correspondence regarding this should be forward to them?

I am not sure how they have found me in this address? If I send subject access request to them, they will be confirmed for my current address?

 

Also on subject access request, what should I write to get the information and what information should I provide them about myself?

 

I am really worried about this as already have reached to max overdraft with bank and feeling hard to provide basics to my family. Any help in this regard is very much appreciated.............

 

Regards

[dx100uk]

yea i bet.

i've never know an SD be served on a mobile phone debt.

 

my guess this is just a carefully worded phishing letter.

 

dx

[diddydicky]

Hi All,

I am new to forum and need some urgent help please.....

I have received a notice of intention to serve a statutory demand notice from Arrow Global in the post at my home address.

 

Letter's wordings are as follow

 

 

Debt owed to Arrow Global LLC

Amount Outstanding £2595.48

Assigned by Vodafone (Account Number XXXXX)

 

We refer to the above debt which, as you have previously been notified, was assigned to arrow global llc on 12/11/2007.Since then you have been sent various communications by debt collection agencies action on the company's behalf requesting payment of your debt.

 

Your debt is now being dealt with internally and all previous agencies instructed by arrow global have been advised to cease all and any collection activity. Any enquiry should be directed to the address and telephone number contained in this letter.

 

The debt is due and owing and has been for a considerable period of time. To date you have failed to pay in full or propose an acceptable instalment arrangement. So far as we are aware, the debt owed is not the subject of any dispute.

 

As a consequence of the above we intend to serve you with a Statutory Demand pursuant to section 268(1)(a) of the insolvency Act 1986.A process server will be instructed to attend your address and deliver the demand to you personally.

 

You should be aware that a statutory demand is the first step to bankruptcy. Judgment of a court is not required.

 

You will appreciate that this matter has reached a critical stage. We have prepared the statutory demand, but will not arrange service upon you for a period of 14 days from the date of this letter.

 

 

I took a mobile phone contract from vodaphone back in 2005 which was registered to my previous address (changed house 3 years ago).And after two month I lost the phone and until I notice that, some one had made a lot of international calls and bill reached to £700.I spoke to vodaphone that I had a limit set-up on my account of £200 then why didn't you block the usage. They weren’t ready to corporate in any sense and wanted me to pay the whole bill. I couldn’t afford that kind of amount so I cancelled the direct debit and after couple of threatening letters they said that my bill has gone up to £1450 which includes line rental for the remainder of contract period and also hand set price. I ignored all communication from them and after about 3 months they stopped any correspondence. And now after about 4 years I received first letter from arrow global (above) and as they says they have sent many letters which isn't true (probably they sent to my previous address which I am not aware of).And now they are going to serve me with statutory demand notice if I don't response in 14 days from the date of letter (4 days left for that). Also I am not sure how have they made the outstanding balance from £1450 to £2595.48.

 

What can I do in this situation? To find out break down of outstanding amount, should I send the subject access request to Vodafone? If I do that then how can I stop arrow global to serve the statutory demand notice, or should I be requesting that to Arrow global directly as they said in their letter that all the correspondence regarding this should be forward to them?

I am not sure how they have found me in this address? If I send subject access request to them, they will be confirmed for my current address?

 

Also on subject access request, what should I write to get the information and what information should I provide them about myself?

 

I am really worried about this as already have reached to max overdraft with bank and feeling hard to provide basics to my family. Any help in this regard is very much appreciated.............

 

Regards

 

i would personally ignore this letter - if and when a SD is served then you will have ample time to deal with it

 

firstly have you EVER received a letter ( it would have to have been delivered by registered post) from vodaphone assigning the debt to arrow

 

I would send an immediate SAR to vodaphone and see what comes back

 

The assignment is not valid unless the Original Creditor sends you written notice of the assignment

 

if you respond to this craftily worded letter from arrow which contains reference to the assignment you may unwittingly accept that it has been assigned

[Undercover-Elsa]

Hi Debtfighter1,

I agree, check out the Subject Access Request letter HERE

Send direct to Vodaphone with the fee of £10 (postal order, not cheque) by recorded delivery. Don't make any mention of the SD or debt collection at the moment. You'll need to amend the template letter slightly - where it says credit agreement change it to contract.

If it was me I would totally ignore the threat letter for the moment, don't acknowledge in any way, but obviously it's your decision.

Best wishes,

Elsa x

[42man]

This is ridiculous....sending a stat demand for a mobile phone debt that is obviously disputed....PLEASE report them to the OFT. Some good advice above in sending a SAR, then you should know a little more about the situation....please keep us posted.

 

I would say that in a court, this kind of tactic would fail under this - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204563-european-court-ruling.html

 

Plus the fact that it seems obvious that they have added some sort of figure plucked out of thin air to add in 'fees' -

 

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt.

[Dipply75]

Hi Debtfighter1,

 

I am having issues with Vodafone also and I only ever get muppets on the phone with them. Also log your complaint with the Ombudsman Otelo, they will start looking into it too (they take a while but do get there), and can hopefull resolve it for you.....

 

Office of the Telecommunications Ombudsman - Home

[debtfighter1]

i would personally ignore this letter - if and when a SD is served then you will have ample time to deal with it

 

firstly have you EVER received a letter ( it would have to have been delivered by registered post) from vodaphone assigning the debt to arrow

 

I would send an immediate SAR to vodaphone and see what comes back

 

The assignment is not valid unless the Original Creditor sends you written notice of the assignment

 

if you respond to this craftily worded letter from arrow which contains reference to the assignment you may unwittingly accept that it has been assigned

 

Hi There, Thanks for your response.And no, I never received any kind of correspondence from vodafone regarding the assignment of debt to arrow.And OK I will send an SAR to Vodaphone and will keep you informed about the progress......Thanks again

[debtfighter1]

Hi Debtfighter1,

I agree, check out the Subject Access Request letter HERE

Send direct to Vodaphone with the fee of £10 (postal order, not cheque) by recorded delivery. Don't make any mention of the SD or debt collection at the moment. You'll need to amend the template letter slightly - where it says credit agreement change it to contract.

If it was me I would totally ignore the threat letter for the moment, don't acknowledge in any way, but obviously it's your decision.

Best wishes,

Elsa x

 

Hi Elsa,

Thanks for your response.I am going to send SAR to Vodafone, but not sure what information should I provide them about myself on SAR letter. Will they be able to identify me with name and address only ? And also should the address be for my previous address where the contract was registered to or my current address? Sorry for being a pain but honestly never dealt with these kind of matters before in my life.......

[diddydicky]

Hi Elsa,

Thanks for your response.I am going to send SAR to Vodafone, but not sure what information should I provide them about myself on SAR letter. Will they be able to identify me with name and address only ? And also should the address be for my previous address where the contract was registered to or my current address? Sorry for being a pain but honestly never dealt with these kind of matters before in my life.......

 

personally i would quote both addresses and send a copy of a utility bill for your current address

the 40 day clock starts ticking from the day they receive the request and confirmation of your id should not delay it but hey why make life difficult!

[debtfighter1]

This is ridiculous....sending a stat demand for a mobile phone debt that is obviously disputed....PLEASE report them to the OFT. Some good advice above in sending a SAR, then you should know a little more about the situation....please keep us posted.

 

I would say that in a court, this kind of tactic would fail under this - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/204563-european-court-ruling.html

 

Plus the fact that it seems obvious that they have added some sort of figure plucked out of thin air to add in 'fees' -

 

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt.

Hi, Thanks for your response.As soon I find out about what information I need to provide voda fone in order for them to locate my details, I will complete and send the SAR.Can you help in this regard please? And Sure, I will keep you guys posted....

[diddydicky]

i would also be inclined to send 2 quid each to equifax experian and call credit to make sure no ccjs have been registered at your old address

[debtfighter1]

personally i would quote both addresses and send a copy of a utility bill for your current address

the 40 day clock starts ticking from the day they receive the request and confirmation of your id should not delay it but hey why make life difficult!

Thanks again Elsa.I will complete and post the SAR today. OOpsssss forgot to ask, which department in Vodafone should I send this request to?

[debtfighter1]

i would also be inclined to send 2 quid each to equifax experian and call credit to make sure no ccjs have been registered at your old address

Thanks again! And what difference does that make, If they have registered CCJS ?

[diddydicky]

Thanks again! And what difference does that make, If they have registered CCJS ?

 

address it to the data controller

a ccj would make a big difference!

 

it is just a (wise) precaution when you have moved home to check your credit file regularly as if the creditor only has your last known address you may be unaware that a judgement has been obtained against you . addresses for equifax experian and call credit are online

 

whilst dealing with debt situations it is good advice (IMO) to check them every three months

[Undercover-Elsa]

Hi Debtfighter,

You should mark it for the attention of The Data Controller. I don't know the specific address, you'll need to check on your bill, or the website. Unless anyone else on here knows?

[debtfighter1]

address it to the data controller

a ccj would make a big difference!

 

it is just a (wise) precaution when you have moved home to check your credit file regularly as if the creditor only has your last known address you may be unaware that a judgement has been obtained against you . addresses for equifax experian and call credit are online

 

whilst dealing with debt situations it is good advice (IMO) to check them every three months

Last time I checked my credit report through Experian was about a year ago and until then there wasn;t any CCJS registered on my file.I think, I still have access to online credit report on Experian website.Let me have a look and I will come back to you whether they have registered CCJs or not.Thanks

[diddydicky]

personally i would not use the online service

 

1/ it is expensive

 

2/ there is a question as to whether they use the onlione seri=vice to collect even more information about you

[debtfighter1]

personally i would not use the online service

 

1/ it is expensive

 

2/ there is a question as to whether they use the onlione seri=vice to collect even more information about you

 

Good point..... Let me request one in the post and will update you once I know the outcome.....

Regards

[debtfighter1]

Hi ,

I have found a copy of online credit report which is 5 months old.......(Not sure what has been changed since).There isn't any information regarding CCJS or CIFAS but a default is registered from ARROW GLOBAL.I believe it use to be from vodafone until last year and it has been changed on my report.Does that mean Vodafone has really assinged this debt to Arrow Global??Also strange thing is that I only used that contract for two months, so if it was started in 01/10/2004 then how come default date is december 2005??I am not sure now whether to send the SAR to Vodafone or directly to Arrow global as they have register this default on my credit report? Any advise please?

Information on credit report regarding this Default is as follow

 

 

ARROW GLOBAL LIMIT... Communications Default £2,595.48 12/2008

ENTRY NUMBER: C9

Name: XXXXXXXXXXX

Address: XXXXXX (my previous address)

Date of birth: XXXXXX

Company name:

ARROW GLOBAL LIMITED

Account type: Communications

Started: 01/10/2004

Default Balance: £2595.48

Current Balance: £2595.48

Defaulted On: 01/12/2005

File Updated for the Period to: 09/12/2008

Status history:

months status

 

Edited June 26, 2009 by debtfighter1

[debtfighter1]

Hi ,

I have found a copy of online credit report which is 5 months old.......(Not sure what has been changed since).There isn't any information regarding CCJS or CIFAS but a default is registered from ARROW GLOBAL.I believe it use to be from vodafone until last year and it has been changed on my report.Does that mean Vodafone has really assinged this debt to Arrow Global??Also strange thing is that I only used that contract for two months, so if it was started in 01/10/2004 then how come default date is december 2005??I am not sure now whether to send the SAR to Vodafone or directly to Arrow global as they have register this default on my credit report? Any advise please?

Information on credit report regarding this Default is as follow

 

 

ARROW GLOBAL LIMIT... Communications Default £2,595.48 12/2008

ENTRY NUMBER: C9

Name: XXXXXXXXXXX

Address: XXXXXX (my previous address)

Date of birth: XXXXXX

Company name:

ARROW GLOBAL LIMITED

Account type: Communications

Started: 01/10/2004

Default Balance: £2595.48

Current Balance: £2595.48

Defaulted On: 01/12/2005

File Updated for the Period to: 09/12/2008

Status history:

months status

 

 

I am confused after looking at my credit report.Should I send the SAR to Vodafone or Arrow global.If I send to vodafone then howcan I stop Arrow to issue SD?Any advise please?

[diddydicky]

send the sar to vodaphone - remember that you know NOTHING of an asignment to arrow

 

arrow will NOT issue a SD and even if they did the set aside would be easy

 

the sar can take up to 40 days so get your finger out and get it posted

[debtfighter1]

send the sar to vodaphone - remember that you know NOTHING of an asignment to arrow

 

arrow will NOT issue a SD and even if they did the set aside would be easy

 

the sar can take up to 40 days so get your finger out and get it posted

 

Got it .... SAR is ready and I am off to post office in 10 mints.......

[debtfighter1]

Hi, Just been to post office and sent the SAR via recorded deliver with a postal order of £10 to Vodafone.I will keep you posted for any other action from Arrow Global or anything from Vodafone.Thanks again for all your support in this regard.

 

Regards

[diddydicky]

up up and awaaaaaaaaaaaaaaaaaaaay

[debtfighter1]

Hi,

40 days have been over since I have sent SAR to Vodaphone.I haven't heard anything back from them or nither anything more from Arrow global. I have tracked the delivery through royal mail website. It says letter has been delivered with a electronic signature proof of delivery, however postal order hasn’t been cashed yet. Can someone please advise what should be my next step? Thanks in advance for your help with this.

 

 

Regards