Arden credit management.

[swanbi]

I sent arden cca letter in regard to a mint loan.They have replied we are unable to provide the information you have requested as this is held by the original loan provider lombard. In order for mint to provide the info they require your written request together with £1 fee to mint. they returned original request and payment.

What should I do next? Thanks.

[count orlok]

The CCA request goes to the body chasing the debt, be it the owner of the aleged debt or their agent's. As agent's it is their duty to contact Lombard and respont to your legitimate request in 12 days from when they received it. Wait untill the 12 days are up and then they are in default, where even the CSA state; "It does mean that the creditor must stop collection...".

[cerberusalert]

Send them the 'In Dispute' letter, it is their responsibility to provide the CCA when requested; http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

[swanbi]

Thanks, that is very helpful.

[FORMISTER]

The CCA request goes to the body chasing the debt, be it the owner of the aleged debt or their agent's. As agent's it is their duty to contact Lombard and respont to your legitimate request in 12 days from when they received it. Wait untill the 12 days are up and then they are in default, where even the CSA state; "It does mean that the creditor must stop collection...".

 

The OP will be advised however that OFT guidelines on CCA requests are:

 

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor:

• cannot:
  - make the debtor pay the debt before they're supposed to
  - get a court judgment against the debtor
  - take back anything hired or bought on credit, or take anything used as security in the agreement.
  
• can:
  - ask debtors to pay what they owe
  - send a default notice
  - pass information on to a credit reference agency
  - pass information on to a debt collector
  - sell the debt to someone else
  - take the case to court.
  

These guidelines came down after the Carey ruling. Where some may argue that statute law hasn't changed and this is only OFT guidelines, you should keep in mind that Carey was relying on statute law and that the Judges interpretation has prompted the OFT to issue these guidelines based on the ruling . I wouldn't want to challenge a DCA over this, which is why the DCA's are following the OFT guidelines in their favour

[swanbi]

Thanks for your input formister, will play waiting game and see what they come up with. Bit confused with role of lombard as this debt relates to a mint personal loan.

[swanbi]

Hi All, latest from arden. Dear Swanbi, I would like to speak with you about your account. upon receipt of this letter please contact this office quoting your account number. I look forward to hearing from you.

 

Are they for real?

[FORMISTER]

DCA's are thick skinned optimists

[cerberusalert]

Send them something along these lines;

 

Dear

 

 

I Do Not Acknowledge Any Debt to Your Company

 

I am writing in reference to your letter dated xx/xx/xxxx

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question.

 

If you are unable to provide evidence as to my liability I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

Please be advised that I am only prepared to communicate with you in writing.

 

Your, Do not sign, print name.

[swanbi]

Thanks Guys, Will take that on board.

 

Regards Swanbi.

[radmm0]

I have recently had the servicing and ownership of a MINT Loan taken over by Idem/Arden and would love to know what happened to your case with them. Did they give up and you carried on with a min monthly payment or have they accepted that the debt is disputed and left you alone? How have they behaved in general?

 

Also, post #5 by 'formister' quotes from the amended OFT guidelines on CCA requests. However, how can they state that the Creditor CANNOT get a CCJ against you, but they CAN take you to court? It doesn't make sense!

 

Rgds.

radmm0

[FORMISTER]

Basically the guidelines are showing you that where it is permissable to start legal proceedings and take the case to court , in the absence of a CCA and being in default of the request a Judge should not grant a CCJ