arrow global llc and i , Further help required. - BATTLE CONTINUES

[bobbydog]

good evening all

well today i recieved some good news, albiet not form arrow global but from LOWELLS but in some ways runs along side this thread as this arrow thing cincerns cap 1 so does this

the wife had a cap 1 account but did SAR and guess what cap 1 could not produce original credit agreement and it is now closed, one down and one to go as this is also a cap one thing with arrow, so bring it on i am ready

[bobbydog]

recieved yesterday from bc's litigation office that they are to reply to my letters sent to them

 

i originally sent an sar and cca but they never responded so i took to sending them the same letter everyday via recorded and email also stating that the postal order is placed in the original letter and still awaiting cashing i then recieved email stating thankyou for your letters,,,,,,,, lol and we will reply to you by letter at the earliest instance once all information has been collated

a small victory in itself methinks

[bobbydog]

hi all

long time no posting on here but nothing to report till today

i have my transfer to southampton, recieved letter from ux cc

today

yesterday recieved letters from BC AND AG

bc stating that

we act as a data processor and not a data controller

we are instructed by arrow global, and if you require docs, please write to them, any data we retain is legally privillaged

and from AG

WE DO NOT ACCEPT WE ARE Creditor as envisaged by above statute

however we are willing to assist in obtaining that which we have been requested we will now process your request for docs from the creditor and will revert in due course

we confirm that all collectiob activity will be suspended pending provision of the documents

how am i doing so far

[Belaflat]

As soon as I saw the Name Bryan Carter it all clicked into place.

Mr Carter is notorious for filing claims at a 'last known' address and then miraculously discovering your new address days after judgement.

You need to contact the Court that issued the CCJ.(Northampton( and see if you can have a copy of the judgement. Once you know what it is for then you can start a set aside.

Although a charging order is not a good thing, its not the end of the world if one is obtained as once a judgement ios set aside then the charging order can be removed since there is no judgment order to be enforced.

If as you seem to think, it originated from Fredericksons who have failed to reply to CCA requests, then thats a good start as it probably means there is no agreement and thats the first reason to use on a set aside request.

Once you have more information than more precise help will be forthcoming.

Tha last statement saying all collection activity will be ceased baffles me...have they been collecting from you since this judgement has appeared out of the blue.

[bobbydog]

they have not recieved a penny from me

what i think they mean is they will not carry on with the charging order until they have all docs

[Belaflat]

Where ever Carters fingerprints are, take nothing for granted.

Unless you receive confirmation in writing that the hearing is cancelled, attend the Court and I will bet you a pound to a penny that they will still be there hoping to win by default again.

[bobbydog]

have already recieved letter from court stating that i have the cancellatino to southampton cc and to apply for a set aside

i think it originally went to ux cc because BC are in weybridge just down the road from ux

now they will have to travel

plus i am now getting all info from AG about cca and sar from cap 1

[bobbydog]

FINALLY ihave my hearing in southampton

it is on 2-8-10

still have not had any SAR OR CCA either from ag or bc or fi

neither have i recieved anything from cap one

is this agood arguement for court

also looking for other people who have had probs with either of these firms so i can bring it up in court on their practices

all help needed

thanks

[Docman]

Hi bobbydog

 

Glad to hear you have at last got a hearing in Southampton.

 

I'm not surprised that you haven't had anything yet from AG or BC. Some solicitors seem to respond to requests for documentation by filing a witness statement with the documents a few days before the hearing of the application. They should file such statements seven days before the hearing, so they often fax the documents to the court exactly seven days before (usually late in the day), and then send a copy ot you by second class mail, so the documents take a few days longer to get to you. Other solicitors just send the documents to arrive on the day of the hearing, which is what AG did with me. The idea is to leave you in the dark and unprepared for as long as possible. Fortunately, the judge in my case was P##sed off with AG and I eventually won my case.

 

The SAR and the CCA request you have sent are fine but I think you need to be asking for documents using the court's own rules on disclosure [CPR 31]. Problem is you don't know what documents have been supoosedly served on you. The only was you can find out is to visit the Southampton county court and look at the court file to view the papers that will have been sent from Northampton & Uxbridge.

 

If you can get to the court, see if there is a claim form (N1) or other document setting out the Particulars of Claim [POCs] on the file and take a copy. The court can charge you 50p per page for copies with a minimum charge of £5. Get a receipt for all the money laid out including any travel costs and wages lost from attending the court. You are going to be claiming all these back from AG. Once you have the POCs, you will be in a better position to know what documents you should ask AG for.

[bobbydog]

http://i777.photobucket.com/albums/yy56/bobbydog1/forcaggers.jpg

 

this a copy of the cca1974 let me know what you think, it arrived in post today. is it enforcable do i carry on, whats next in line

i ask as i now have less than 1 month before court date

[postggj]

Ill Give It A Few Days For Comments But

 

where Are The Perscribed Terms

[bobbydog]

http://i777.photobucket.com/albums/yy56/bobbydog1/forcaggers1.jpg

 

is this it

cheers postggj

[postggj]

Negative

 

Give Me Two Minutes

[bobbydog]

these two pieces of paper are the only two i have recieved today from AG the rest is payments made in the distant past

[postggj]

HAVE A NOSE

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html?highlight=IS+MY+AGREEMENT+ENFORCEABLE+USEFUL

[bobbydog]

as per post *10*

that is exactly the paperwork i have

IS IT enforcable

tried reading thruogh the pages but it got bogged down with a lot of other people wanting help but not having threads of their oown

[postggj]

My Opinion Is Crap

But Wait For More Comments

 

Car Finance Agreements Is My Area So Its Just My Opinion

[bobbydog]

postggj how can you say your opinion is crap

i followed you through welcome finance you are a "hero" to many

your advice is invaluble

thats my opinion !!!

[postggj]

But Even Now I Get My Wrists Slapped By The Site Team

 

We All Learn New Things Every Day But Many Thanks For The Comments

[postggj]

Give It A Few Days And Ill Jump Back In

 

Send Me A Pm

[Docman]

Hi bobbydog,

 

I don't think I count as a 'pro' - and postggi is being too modest about his knowledge. IMO, the Capital One 'agreement' and T&Cs sent to you by AG aren't worth the paper they are copied on.

 

You have submitted a witness statement saying you haven't got an agreement etc etc. You must now expect that a rent-a-solicitor will turn up at the court hearing in Southampton and try to argue that the 'agreement' is valid and that your application should be thrown out. So you will have to plan to answer them.

 

Have you visited the Southampton County Court and looked at what is on the file? If not, it would be a wise investment of your time now, if only to make yourself familiar with the location and general layout of the court.

[bobbydog]

i know docman, you are always there at the end of the threads

what i need to know is HOW is this not worth the paper it is written on, this is going to be my arguement in court so i need to get it right

am visiting court friday

what precedences are there to invalidate this paperwork

[bobbydog]

i cannot just go there and say they arnt worth the paper they are written on

i need help in formalising a step by step plan of action

 

i want to nail these b%%gers once and for all, and to also have the paperwork and plan to help others in this situation

[postggj]

ime doing a letter for another cagger at the moment

 

ill do a rough witness statement for you later tonight

 

i know its a tall order but you need to start to try and understand the cca and enforceability

 

that link i posted

 

is my agreement enforceable usefull is a start

 

try and understand it

 

i know its hard, it took me three years

[Docman]

bobbydog

 

A witness statement from postggi will be a good place to start. You will need to know what is already on the court file before you send the statement anywhere.

 

It may be that there are no documents on the court file at all, in which case your witness statement will have to point out what SHOULD be in an agreement. If the file contains a copy of Capital One's agreement, your statement will have to deal with that and point out where there are deficiencies. I'm sure that between us, postggi and I can come up with a statement that will deal with the specifics.

 

Finally, there could be nothing on file but the rent-a-solicitor turns up on the day with a copy of the Capital One agreement. In this case, you need to have something to speak to, like a kind of script, to get your point across.

 

Firt thing though is to find out what's on the court file.