Stat Demand from a company called Arrow Global

[relayer69]

Hope someone can advise on this one:

 

I came home a few weeks back to find a Stat Demand from a company called Arrow Global sellotaped across my letter box. It apparently related to an Amex international credit card debt of £5k from 2002 that I had no knowledge about whatsover.

Being of sound mind and resolute disposition (lol) I sought out advice and landed on this Forum. After reviewing several threads I determined that rather than engage in any way with this collection agency I would draft an affidavit to have the SD set aside - quoting a number of significant factors and ending up with an 'Oh by the way' message around the fact that even if this debt was owed by me it had taken them apparently 8 years to follow it up. I also added that I expected confirmation in writing that the matter would not be pursued and that I would be seeking compensation through the court in due course.

The document was served at the Court and a week or so later I received confirmation of a date of Hearing to Set Aside at the end of March.

Today I have received a letter from Arrow Global quoting the 'Debt Owed' details at the top, then going on to state that they had consented to the application and enclosed a 'consent order' for me to sign and send to the court. The letter also states that unless they hear to the contrary they will not be attending the hearing.

 

So, my question is, what should I do next?

I want to ensure that this spurious 'fishing-expedition' leaves no mark on my credit history.

I want to recover the costs incurred preparing the SA application and time etc taken to attend the court.

I would also like to seek to recover some additional reparation for the anxiety that this matter has brought on myself and my family by this malicious and unsubstantiable activity.

 

Should I therefore insist on this Hearing going ahead and seek damages/costs through the Court or should I sign this consent form and send it back to the Court with a detailed account of costs?

 

Finally - does this consent notice actually mean that AG have identified their mistake and they are moving on to another (probably equally) unfortunate candidate with the wrong name!! Or was this just some sort of ruse and they will now pursue the alleged debt through other means?

The letter they have sent makes no apology whatsoever.

 

Having worked in the criminal law arena most of my career, I am more than up for a day in court and feel that to meekly sign this off and let them seemingly get away with their oppressive conduct would be wrong. What if their next victim is rather more vulnerable?

 

Your thoughts and guidance would be gratefully received!! Thanks in advance.

[maroondevo52]

Hello and Welcome, relayer69.

 

I'll start a new thread for you in the appropriate Forum.

 

Regards.

 

Scott.

[relayer69]

Thanks Scott - much appreciated

[maroondevo52]

No probs, just need someone to help you now.

I'll pm another Mod, not sure when he'll be back on-line.

[palomino]

I want to ensure that this spurious 'fishing-expedition' leaves no mark on my credit history.

You'll need to keep checking the credit reference agencies. If anything does show up then you can go for the jugular.

In my view, since they have given up so quickly they have probably given up on this case and moved on to other people hence your credit record is most unlikely to be affected. But keep checking!

 

I want to recover the costs incurred preparing the SA application and time etc taken to attend the court.

Claim for them as you have indicated.

 

I would also like to seek to recover some additional reparation for the anxiety that this matter has brought on myself and my family by this malicious and unsubstantiable activity.

I suspect this will be difficult indeed. How do you prove it? How do you measure, in monetary terms, the cost of it?

Perhaps you should just include something in your claim for costs.

[relayer69]

Thanks for the thoughts Palomino.

I will be contacting the court directly and their thoughts may be helpful.

It's my naturally suspicious nature that makes me concerned!!

[42man]

Amazing, so they are trying to give you a statutory demand for a debt from 2002 ??!! I presume you have not paid anything towards the debt for at least 6 years ? or is there a 6 year gap anywhere along the line where you haven't made a payment ? Please do have a look here - DCA Legal Successes - The Consumer Forums

[42man]

Don't sign any consent order...go along to the judge and let him spit fire at this company....what you MUST also do is give this to the Office Of Fair Trading !! A statutory demand must NOT be used as a tool for debt collection !!! - another debt collection agency had a ticking off for sending out stat demands last year - http://www.oft.gov.uk/news/press/2009/20-09

[relayer69]

Thanks for the latest replies:

42man - the demand states 2002 but I don't have any knowledge of it at all - they appear to have pulled a name out of the ether!!

[42man]

Well you need to show the judge just how angry and upset you are about this.....get it set aside, claim your costs, report them to the OFT and ask the judge for a bankruptcy restraining order on them....

[relayer69]

42man and others....

Great News - attended court today and as expected AG did not turn up.

Judge was very unhappy and equally perplexed at their non-attendance.

Bottom line was he signed off the Set Aside Application and agreed my costs schedule (they have until 16/4 to settle - otherwise I guess I will need a good company to serve an SD on them!! lol).

He did say that a Restraining Order was not appropriate in the circumstances as their action did not constitute legal proceedings but was totally supportive or my contacting the OFT.

FYI - I had estimated costs based on 1.5 days at my business consultancy rate and also included one hours legal call to my lawyer outside the UK who was handling my affairs when I was allegedly in the UK running up the debt..... I also included the fee for ongoing credit reference checking subscription (£80) and he commented that this was a good idea in the circumstances.

 

Thanks for all your help and happy to share (sanitised) documentation etc with fellow Forum members if this would be useful.

[matsinlondon]

Great stuff. Good to see someone going for proper costs rather than simple litigant in person expenses and a judge agreeing to it. Hopefully that'll make people like that sit up and pay attention.

[sillygirl1]

Nice one, the more of these that are chalked up the better.

 

Using Stat Demands is a very dodgy area, some of the companies doing so like to use the Law of Property Act 1925 as part of their case, which is completely wrong.

 

Well done for standing up to the idiots at Arrow and firing one back at them.

[maroondevo52]

Good stuff, relayer69 well done.

[lilly white]

yes indeed well done, good work.

 

 

lilly white

[relayer69]

Update:

Surprise, Surprise - the Court Order date for payment of my expenses (16th) has come and gone with no response so I have today sent a recorded delivery letter demanding payment in 7 days or I will return to the County Court and get a Warrant. I have also cc'd the letter to the OFT (who I have already complained to) and Manchester Trading Standards.

Hopefully this will stir them into action but if not then so be it - £100 for the warrant but a necessay evil.

[dannybro]

well done relayer69 iam in the middle of getting my stat demand set aside was going to put on this forum but can not seem to start my own thread

well done and gives us hope cheers

[relayer69]

Thanks DannyBro

if you want to start your own thread drop a pm to Maroondevo52 and sure he will assist

[DonkeyB]

dannybro, go here:

 

Legal Issues - The Consumer Forums

 

Just above the first panel of threads (stickies) a little way doen on the left, you'll see a button marked 'new thread - hit this and away you go.

 

Try and give your thread a name that identifies the type of problem and the company involved, eg. 'Stat demand from Xxxxxx - need help!'

 

And plenty of help is what you'll get!

 

Nice to see you taking Arrow to the cleaners, relayer. Great work!

[dannybro]

thanks for the reply will get a thread started thanks

[CBR600F]

dannybro

 

I thought it was just me, a forty+ year old computer bod who had problems with creating new threads!

[relayer69]

Hello again Forum!

Hopefully not speaking too soon as the cheque still has to clear - but I received a cheque for payment in full for my expenses from Arrow!!

Not sure if my cc'ing in the OFT and Trading Standards helped, but at least this shows that sometimes the 'little guy' can win.

Good luck to you all with your challenges.

[bobbydog]

hi relayer

been following your thread as i also have a thread going about ag am awaiting letter from uxbridge cc for change of court and also set aside to be heard in southampton

am fighting ag and bc over this am gladdened by your success

[relayer69]

Good luck bobbydog

Happy to share any (sanitised) docs with you. Send me a pm

Cheers

[Valdez is Coming]

Just want to add my good luck wishes to Bobbydog!

I am in a similar position with an appeal for set aside against an SD from Arrow Global.

Can anyone explain why they should not cite the Law of Property Act 1925 in an SD? They have done so in mine.

Also see my thread re complaints against AG - they really are not fit to hold credit licence!