Arrow Global LLC

[ljrocket]

Hi - I am new to this forum and would be grateful of any advice.

 

I received a letter from Yuill and Kyle solictors yesterday (4th Dec) which was dated 29th November. Please note the letter was sent 1st class costing 36p NOT recorded delivery. The following letter was printed on their headed notepaper. Please note there are no court documents in the envelope.

 

______________________________________________________________________________________

 

29th November 2010

 

Dear Sirs

 

Arrow Global LLC V You

 

As you have failed to pay our client's account we have today served a Summons upon you by recorded delivery post.

 

Should you not dispute the debt then you are now liable to pay the sum shown above which includes Judicial Expenses and Interest.

 

To avoid decree passing against you then please return the slip below with your remittance. Failure to do so will mean decree passing against you and our Instructing Sherriff Officers to recover the principal, judicial expenses and a greater amount of interest along with the Sheriff oOficers fees.

 

Finally, we refer you to the court document now served upon you which details your right to make representation to the court and if appropriate to pay the debt by instalments.

 

If you are in any doubt as to the implications of this communication we would recommend that you contact your solicitor or the Citizen's Advice Bureau.

 

________________________________________________________________________________________

 

Stapled on to the back of this letter (again on their letterhead ) is an account number and my name stating the prinicpal amount due and judicial expenses nearly £6k.

 

There is a 3rd page on plain white paper titled Making a Payment. It is instructions on how to pay the account.

 

The account was originally an MBNA credit card debt which I took out in the 90's. It was then sold to Arrow Global. I have not paid any of my creditors for 4 years as I took advice from Money Matters who advised due to my level of debt and salary the best option would be sequestration. I was referred to someone who specialises in insolvency and he told me to stop paying creditors immediately and I would be taken to court then a charge for payment would be issued meaning I could file for sequestration. This is the first serious letter I have had in 4 years.

 

I am really confused and worried. Do I contact these solictors to tell them there are no court documents in the envelope and the letter was sent by ordinary post?

 

I would be grateful of any advice.

 

Thanks

[rebel11]

Hi lj

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

Have you got any Penalty Charges on the account, that you could claim back?

Have you been mis-sold PPI?

Also have you sent a CCA Request?

[IdaInFife]

Any court papers would come with your local sherriff court details and stamped.

 

This could just be a scare tactic.

 

You do not happned to knwo the exact date or month and year you last made a payment towards this debt?

[ljrocket]

Thanks for responding Ida, apologies for delay I have been caught in the snow

 

There were no court papers in the envelope and it was not posted recorded delivery. I have kept the envelope. I was concerned they had forgotten to put the court papers in the envelope.

 

I last made a payment in October 2007.

 

Kind Regards x

[maroondevo52]

I last made a payment in October 2007.

 

 

Hi,

 

So it's still a way off becoming Statute Barred, are there any charges you could re-claim, do you have all your statements for this card ?

 

Regards.

 

Scott.

[ljrocket]

Hi Scott - Unfortunately I do not have any statements. I still have not received any court papers so I can only assume this may be a scare tactic. Can I ask them to prove the debt? Many Thanks

[maroondevo52]

Hi,

 

You could send MBNA a Subject Access Request, this will let you know the score regarding charges on the account, it's a fair bet there's quite a few, these are re-claimable.

I can't understand this bit "Finally, we refer you to the court document now served upon you which details your right to make representation to the court and if appropriate to pay the debt by instalments." if like you say there is nothing indicating anything they have sent has come from the Sheriff Court, this could well be a scare tactic.

[ljrocket]

Thanks so much for all your advice.

 

As I say it was a 3 page letter on their headed paper - not court documents.

 

I will keep you updated if any more post arrives!

 

xx