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I posted this in General but I think it should be here - apologies for that

 

Hello - I hope someone can help but I suspect my case is hopeless.

 

Sometime ago I had a debt, this debt was sold to a third Party and then was again sold to Arrow Global - at the time I was suffering due to the death of a partner at a very early age.

I ended up with a CCJ that I ignored and eventually an attachment of earnings that I now have deducted from my wage every month.

Since reading this forum I have asked the solicitors representing arrow global for a copy of the letter of assignment and a copy of my original credit agreement.

After my third letter they finally responded (this was sent on the 9th September and I only got the response today)

The letter says

' I confirm that x purchased the portfolio of ys loans on 1st August 2006 and sold them to Arrow Global on 1st December 2006 as a portfolio of consumer loan receivables'

 

xxxxxx

office manager

Arrow Global

 

This does not look like a letter of assignment to me.

 

They didn't get a copy of my credit agreement.

 

Being as this ccj is live and I am paying off money every month is there anything I can do to fight this?

 

Any help would be greatly appreciated.

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urm this sound dodgy.....

 

well the CCJ will take the place of any 'agreement' they have to have,

 

however, i'm concerned this might well have been railroaded through without the correct proceedures taking place.

 

did you ever get any paperwork regarding the CCJ hearing taking place, did you attend?

 

did you ever get a a default notice sent by the OC?

 

did you ever get a termination notice sent by the oc?

 

a few dates and history of the debt would help us too?

 

you might well be able to get this set aside possibly.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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sorry for the delay - hard drive crash

 

No I did not attend the CCJ hearing and only got the paperwork after the hearing

 

I did get a default by the OC

 

Judgement was made for original OC in 2005 and now has passed through two different companies

 

ARROW became effective owners December 2006

 

I'm totally lost as to what I can do but any help would be greatly appreciated.

 

 

 

 

 

 

urm this sound dodgy.....

 

well the CCJ will take the place of any 'agreement' they have to have,

 

however, i'm concerned this might well have been railroaded through without the correct proceedures taking place.

 

did you ever get any paperwork regarding the CCJ hearing taking place, did you attend?

 

did you ever get a a default notice sent by the OC?

 

did you ever get a termination notice sent by the oc?

 

a few dates and history of the debt would help us too?

 

you might well be able to get this set aside possibly.

 

dx

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It is worth sending the OC a SAR, this will let you know that theyve added charges onto the account,

Specifically aske for any default notices and dates,

Notices of assignment and computer screen dumps also will tell you certain things. it'll take a while to sort out, but once youve got some paperwork , you can then consider going for set aside

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OK - I have received the details from the OC _ I asked them to send everything they had on me.They have sent all statements relating to a Charge Card going back years that I had with them but nothing at all relating to the loan. Not an agreement, any charges, an assignment nothing, it's as if the loan never existed from their point of view.

 

So can anyone help with what I can do now - it looks to me as if procedure has not been followed but I am not sure how to proceed.

Thanks for your help.

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urm...

 

i'd really be tempted to stop paying

 

but

 

have you a copy of the CCJ par chance?

 

or can phone the court for one?

 

legally them MUST [the OC] keep paperwork on the 'loan' for 6yrs to prevent fraud/money laundering.

 

i'd fire off the failure to comply letter to the OC.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Was this from a full SAR ?

Maybe there is more than one creditor ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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There debt is held now by Arrow and they get a debit from my salary every month - the original loan was taken out over 6 years ago. But some of the card statements they sent me go back to 2001.

I used the template on here for the SAC and my account number as specified on the CCJ - which I still have a copy.

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copy up the ccj

 

scan the required letters/agreements/sheets

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

goto 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

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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For what its worth, i think the biggest hurdle you have is the obvious delay, this would be a problem to over come in my opinion, case in point, Regency rolls vs Carnell, where it was said that a delay of 30 days in making an application was altogether too long.

 

If you could prove defective service, as in the Claim form was served on an old address and the claimant knew that this was the case but proceeded anyway, then the judgment would be based up an expired claim form and therefore it may well be unsound and as a consequence be set aside

 

however, it will for sure be difficult, and secondly, it may well be very costly if you apply, it is contested and you lose. I would say you could look at anywhere between £2-5000 if you were unsuccessful.

 

This is a risk that you must consider, and i would suggest that you should really research your case heavily and see if you have a good prospect of success and make sure you fully appreciate the situation before you go launching applications to the court

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Ok - thanks for all your help. Being as I have an attachment of earnings - and the total debt (at current payment rate) will not be paid off for 17 years, what would you say is a reasonable offer to the creditor in percentage terms of the outstanding debt in order to get it cleared?

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as there is a ccj, i doubt they would entertain any reduction.

 

as a matter of interest, getting an sar off to the oc might well reveal that what you are paying not longer reduces the debt. [not showing]

in other words, the oc sold the debt and wrote it off for tax purposes [just guessing here] since

 

if this be the case, then what you are paying is clear profit going to the leeching dca

 

if you start to make such noises when you know, and there is an 'issue' about the transfer of the CCJ [thinking outloud here] they might settle for a smaller and quicker profit.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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