Arrow Global/Orange Help!!

[timmeyboy]

Hi Guys,

 

After much soul searching I've finally decided to face up to my debts and sort them out - luckily after getting my credit report I found out that they're not as bad as they seem after all!

 

I have 3 Main defaulted debts -

MBNA/Cap Quest - £3405

Next - £1106

Orange/Arrow Global - £398

 

I want to set up plans with them all

But I'm wondering if there is anything I can do to reduce the debts - I'm mainly looking at the Arrow Global debt, I know some people have had run ins with them but at the moment they haven't got any of my contact details. The debt is for a mobile phone from back in 2003 - that has been passed onto them from Orange. I have a default on my credit report, one from orange and one from arrow global, I've contacted Orange and they will remove the default as the account is terminated.

BUt I'm wondering if there is a chance I can get the Arrow Global bit written off and the default removed by asking them to prove the debt.

 

ANy thoughts or help would be greatly appreciated!!!!

[cerberusalert]

I've contacted Orange and they will remove the default as the account is terminated.

A default only remains on your credit file for six years then it drops off, if Orange remove it earlier then the one from Global should be removed too. If you haven't made a payment or written acknowledgement of a debt for six years (five in Scotland) it becomes Statute Barred & no enforcement can be taken.

 

For the MBNA & the Next a/cs send a CCA request to see if these debts are in fact enforceable; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[timmeyboy]

It's only been about 4 years since I last had contact with this account.

I rang Orange as my credit file shows two defaults for the same account, which I know is wrong. Experian advised me to contact the original creditor and ask them to remove the default as more than likely they had sold the debt onto Arrow Global.

Obviously if by contacting Orange it will remove the Arrow Global one as well that would be great but I don't think it's going to happen!

 

I've just rung Next to try and come to some arrangement with them but they said as the account is closed they can't offer a payment plan and that a full and final settlement would only show the default as partially satisfied.

I've also just rung Capquest who are the DCA for MBNA, just spoken to the rudest person ever!!! Kept coming out with all this bollocks, trying to get me to pay more, telling me that my account had a time limit of 12 months on it and god help me if I didn't clear it by then!

how can they put a time limit on an account, surely that is not legal, I'm calling them to make an offer to them and they're saying it's not enough. Well I told them to get stuffed, and that my initial offer of £100p/m was all I was going to offer them! The guy got very shirty with me but he can get stuffed!

 

So thats two of my three defaults kinda sorted, now hopefully I can get the Arrow one written off.

Do you think it's worth while asking Orange for a copy of my CCA, to see if it is enforceable, if it's not could I get the Arrow one cleared as well? And will it remove the default completely??

[cerberusalert]

It's only been about 4 years since I last had contact with this account.

Having contact doesn't count, what does is if you made payment or written acknowledgement that you owed the debt.

 

Never ever speak to DCA on the 'phone, everything must be in writing otherwise as you've just experienced they will just threaten you... something they dare not commit to paper.

 

A CCA is no good for a mobile contract, now you've checked your credit file you will start receiving letters from DCAs & possibly 'phone calls. If they do ring just say 'everything in writing' & hang up. If someone contacts you with regards to Orange send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt the onus is on them to prove a debt exists and they have the right to collect.

 

For the others send the CCA requests & when you get a reply post them up here after removing identifiers then we'll check to see whether they are in fact enforceable, although it's likely that the Next isn't, but that'll depend how old it is and how you applied for it.

 

Once we've seen the CCAs we'll be better able to advise.

[timmeyboy]

Hi Guys,

 

A quick update for you I've now sent off the letters to Capquest & Next asking for copies of the CCA for them.

If they can't provide them what happens next?

 

Also I've checked my credit file today and Orange have now removed the default for the account with them, the default with Arrow is still showing and it's been well over a month since I first got my credit file and I've received nothing chasing this up. On another thread someone has suggested I write to Arrow Global and ask them to remove their default as Orange have removed theirs and tell them it was an error on the part of Orange.

Any advice on if I can do this and if it will work, or what I can do to get the ball rolling on getting this default removed.

 

Thanks

[dx100uk]

Hi Guys,

 

A quick update for you I've now sent off the letters to Capquest & Next asking for copies of the CCA for them.

If they can't provide them what happens next?

 

wait 14days

 

Also I've checked my credit file today and Orange have now removed the default for the account with them, the default with Arrow is still showing and it's been well over a month since I first got my credit file and I've received nothing chasing this up. On another thread someone has suggested I write to Arrow Global and ask them to remove their default as Orange have removed theirs and tell them it was an error on the part of Orange.

Any advice on if I can do this and if it will work, or what I can do to get the ball rolling on getting this default removed.

 

Thanks

 

worth trying.

 

dx

[defaultrm]

Got info already

Edited June 26, 2010 by defaultrm

[timmeyboy]

Hiya Guys!

 

An update,

 

I"ve now received a letter from Capquest tht reads:

 

"Further to recent contact with our office and your request for further information in relation to the above account, we would confirm that your account is on hold for 28 days whilst we obtain the information required."

 

Then it just asks for me to send in any correspondence or proof of payment I have etc etc

 

Can they do this??

[dx100uk]

no

ignore them

 

no cca = no pay

 

simples

 

dx

[cerberusalert]

Then it just asks for me to send in any correspondence or proof of payment I have etc etc

They're trying to trick you into providing evidence against yourself in case they can't produce anything. Just ignore them.

[timmeyboy]

Are they breaking the agreement though to provide it within 12 days?

Shall I just leave it to them then?

 

I did contact them to discuss a payment arrangement and DD has been set up on my account, shall I contact them and make sure that the payment thats due at the end of July isn't going to go out?

[cerberusalert]

There used to be a penalty where they committed an offence under CCA 1974 if they failed to produce the agreement after a further 30 days but this was repealed, not that it was ever enforced anyway.

 

I did contact them to discuss a payment arrangement and DD has been set up on my account, shall I contact them and make sure that the payment thats due at the end of July isn't going to go out?

That is up to you, but you are entitled to withold payment until they produce a CCA. Besides whilst payment is being made is doesn't give them any inducement to produce the CCA.

 

You may have difficulty canceling the DD with your bank, particularly if Arrow keep applying for payment. A tip for the future, never ever set up a DD with a DCA because you have very little control, they can take what ever they want when ever they want.... it should always be a Standing Order where you have complete control.

[dx100uk]

use your internet banking site portal

and cancel it there

then keep an eye on it.

 

dx

[timmeyboy]

Morning All,

Hope you are well,

I have an update, over the weekend I received a letter back from Next Directory regarding my request for a CCA, it reads:

 

"Please find enclosed a true copy of your credit agreement as requested. We are satisfied that this meets with our obligations under section 78 of the CCA.

 

By way of an explanation under section 78 of the CCA Next must supply any customer with a true copy of their credit agreement upon request. For the purposes of 78a a true copy need not be an exact copy or photocopy as long as it contains every material provision of the agreement signed, including the original name and address of the parties to that agreement, although this does not require possession of the original signed credit agreement as this information can be taken from any reliable source. This matter has been reviewed the courts, Carey V HSBC Bank Plc and the judge agreed that this is the correct interpretation of the legislation.

 

Therefore Next are not required to provide you with a signed "Executed" copy of the agreement and this is made clear in Section 3(2) of the CCA. We are required to provide you with a true copy and a true copy is enclosed along with a current copy of our credit agreement and a statement of account.

 

In light of this and in the absence of any evidence to suggest that you did not order and/or receive the goods delivered, Next will continue to seek payment for the balance of £1065 currently owed by you. It is noted that you have neither denied ordering nor receiving Next Goods"

 

They they have enclosed

True Copy of Credit agreement

Current Credit Agreement

Statement of Account

 

Your thoughts on this???

[dx100uk]

usual crap regarding the carey case

thats not how it went.

 

at the end of the day will need the SIGNED agreement to take you to court.

 

so what have they sent you then?

scan it up.

 

dx

[timmeyboy]

I dont have a scanner,

I can take pics but the print of the CCA might be too small to be legible

[dx100uk]

take a few pixs then.

 

dx

[timmeyboy]

here ya go then,

sorry about the quality

[timmeyboy]

and the last two

[dx100uk]

can you read those thumbnails?

 

scan your agreement

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

[timmeyboy]

well i took pics and uploaded them!

I will try and find a scanner to use..

[dx100uk]

those picx are prob ok

just upload them as a pdf as in my last msg.

 

dx

[timmeyboy]

Here they are again lol

IMG_0161.pdf

IMG_0162.pdf

IMG_0163.pdf

IMG_0164.pdf

IMG_0165.pdf

[timmeyboy]

and the last two

IMG_0166.pdf

IMG_0167.pdf

[timmeyboy]

*bump*