Jump to content
zootus123

Advice needed - Do Arrow Global have a case to pursue against me?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3668 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello, I am in need of advice as I am being chased by Arrow Global for an amount of money relating to a credit card I had, but I dispute the total balance owed, and want to know the best way to proceed.

 

Back in 2001 I had a visa credit card from 'Providian National Bank'. I spent about £250 on the card and then due to financial hardship was unable to repay. Being naive and young, I did nothing, moved away from that address and forgot about it.

 

In 2008 out of the blue I received a phone call from a company called 'Clarity' saying they were chasing payment on a defaulted credit card account for £1106.42. I said at that point that I didn't know what that refered to, and asked them to provide further details.

 

In the meantime I did some research online and discovered this whole world of the CCA, and the ins and outs of the legality of debt collection. Subsequently they phoned back, informing me that the amount related to a credit card for Providian (now called Monument I believe), at which point I asked them to provide a true and signed copy of the CCA, a statement of account and a copy of the deed of assignment. Stupidly, in the meantime I had also agreed to pay them a fee of £20 'to show willing' and waited for their response to my requests.

 

Some four months after the original request, they sent me a barely legible photcopy of the application form for the credit card, with my signature on it from my application. Above my signature it states 'This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be bound by its terms.'

 

Clarity did not however send me any kind of statement to justify the amount, nor a deed of assignment to show they were legally entitled to pursue this debt.

 

I wrote back to them disputing this, and that I would not acknowledge the debt until such time as they provided all of the information I had requested. They wrote back and said they would no longer be handling this case and had refered it back to the original company Arrow Global LLC, based in Manchester.

 

Arrow then wrote me a threatening letter, saying they would issue a statutory demand and take me to court etc etc. I wrote back still asking for the information I had originally requested. Some months later, they wrote back enclosing six photocopied, barely legible credit card statements from Monument (and not Providian whom the original signed copy of the CCA is with) dated 8/2/07-9/7/07, with an opening balance of £883.04 rising to £1106.42 six months later, due to late payment fees, over limit fees and interest being added each month.

 

I disputed with Arrow that these six individual statements constituted a statement of account, and that I disputed the alleged debt, and that I would not make a payment until they provided all of the requested information.

 

It all went quiet for 8 or 9 months until a few weeks ago when I enquired with Experian if they could remove the default notice on my credit file that Arrow Global had registered in July 2007 as the account was in dispute. In doing so, Experian seem to have awoken someone at Arrow Global who have since resent the same six card statements but this time have enclosed a copy of a letter to me dated 16/10/07 which states that the account, all rights under the Card Agreement and the outstanding balance were assigned to Arrow Global as of 16/7/2007 (coincidentally the same point at which they registered the default notice on my credit file). This they say constitutes a deed of assignment?

 

I have subsequently written back stating that sending me copies of their previous attempt at a statement of account still does not make it a statement of account, and that I require a proper and itemised statement justifying each pound that is allegedly owed.

 

I do not dispute that I owe money and that it should be repaid, but I don't believe that after 8 years (the last two of which I have been waiting for requested documents) an original debt of £250 should now be £1100, and I want proof to substantiate this. Do I have a case, or indeed do they have a case?

 

Incidentally Experian have now put a notice of correction on my credit file asking potential lenders to take into account the defaulted account is in dispute and to take that into consideration when making a decision.

 

Any thoughts on how I should proceed with this?

Share this post


Link to post
Share on other sites

If there was any clear period of six years where you made no payment or written admission of the debt it will be Statute Barred and nothing can unbar it... even any subsequent payment.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Definitely sounds like it is SB, even if it weren't it would be uneforceable due to them supplying you with illegible documents.

If you can find out exactly when you last made a payment to them, prior to their latest contact, then you will be in a much stronger position to tell them where to get off.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

I'd just send Arrow Global the statute barred letter and put the onus on them to prove it's not. You know they will claim the £20 payment prevented it being SB'ed but there was a period 2001-2008 when you made no payments so this £20 cannot "UN-SB" the debt.

 

While you're at it write to the CRA's demanding the removal of the default on the grounds the true default date was back in 2001 and the 2007 date registered by Arrow is simply a cynical manipulation of dates in an attempt to keep a SB debt active. Records should be kept with the CRA's for 6 years not 9 or 10 and this is worthy of a complaint to the ICO if they refuse.


As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...