Jump to content


  • Tweets

  • Posts

    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Advice on Arrow Global please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4357 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

Would appreciate some advice before I do or don't reply to this company.

 

Long story short, in October 07 received supposed Notice of Assignment from Largo saying through Phoenix Recoveries they owned my HSBC debt.

 

Even though they didn't have my CCA as requested I still paid them monthly.

Eventually they said the CCA was no longer available and offered me a settlement figure.

 

I counter offered them a smaller figure with conditions.

 

They agreed.

 

The cheque was cashed and I received a letter thanking me for payment in full and final settlement.

The letter also added that my personal liability (even though no CCA, N of A not served properly etc)

to both them and their client is now resolved and the remainder of the balance is written off.

 

I have now received a letter from Arrow Global, a supposed N of A with no actual money figure saying

they have been assigned the debt from Phoenix Recoveries saying I should contact Largo to organise payment of this account as a matter of urgency!

 

Then it says ' If you believe you have received this communication in error please contact Largo with all relevant info, again as a matter of urgency.

 

A notice of assignment with no figure?

 

the question is

- do I ignore it as I had already agreed and paid a figure to Largo in 2010.

 

Or do I send them the copy of Largo's own letter confirming that Largo had 'written off the balance' and received and accepted my F and F.

 

I won't be phoning them.

 

Everything in writing, recorded delivery.

 

I know they just want to ask me figures and try to scare money out of me before I research the law etc.

 

Would sending them Largo's letter be seen as acknowledging debt to them even though the letter from Arrow Global has no figure on it?

 

Any advice would be appreciated.

Link to post
Share on other sites

Hi welcome to CAG,

 

Do you still have all the correspondence on the sttlement??

They have written the balance off their books, but have sold

to a third party, nasty but not unlawful.

 

Pixie give me until tomorrow and I'll put a letter together for

you.

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Brigadier,

 

Yes I have all the correspondence on the settlement, sent recorded delivery etc. The thing is the Arrow Global letter is telling me to send payments and correspondence to Largo who I actually paid in F and F. Thank you for your super fast offer of help.

Link to post
Share on other sites

Just to clarify:

Largo sent N of A in Oct 07 - not sent by recorded or special delivery.

Amount stated included some charges.

No CCA received and Largo finally admitted it was no longer available.

No copy of Deed of Assignment produced.

No statement of account for full life of alleged debt received.

Sent payments to them monthly without fail.

Largo offer me a settlement, I send counter offer with conditions of F and F with neither Largo or associate companies to persue me for remainder, any adverse data on CRA be removed and finally confirmation letter stating balance at £0.00 and account closed.

Largo agree to these terms. I receive letter confirming receipt of payment in F and F, Largo say my liability to them and their client is now resolved and remainder of the account balance has been written off. But now Arrow Global are saying Phoenix have assigned the debt to them (without mentioning any figures) and I should send payments to Largo!!?

Link to post
Share on other sites

Lets clear one important point the creditor/DCA will not nor

are they obliged to produce the deed of assignment, it is

commercial sensitive data.

 

Payment should go to Largo, they agreed the terms.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Nothing on credit file

 

I'l start on your letter soon.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Brigadier,

Just spotted your post. The N of A from Arrow Global said Phoenix have assigned rights, title and interest in respect of account to them. But then goes on to say send payments and correspondence to Largo who were the company that accepted F and F in 2010. The first N of A which wasn't served correctly or and contained charges from HSBC in amount was sent in 2007. I CCA'd them, but sent money every month saying it was towards the debt for HSBC. They said their client was Pheonix. So Largo accepted F and F on behalf on Phoenix who 2 years later have assigned rights etc to Arrow who want me to contact Largo to arrange payment. Do I CCA the lot of them including HSBC who I still bank with or do I remind Largo of F and F. Thanks

Link to post
Share on other sites

Here Goes!!!

 

Georgina Hayes

Head of Risk &

Compliance

Arrow Global

 

Re: xxxxxxxxxxxxxxxxxxx.

 

Dear Ms Hayes,

 

I refer to the notce of assignment regarding a debt your

company has aquired from Phoenix Recoveries.

 

Please not I do not acknowledge any debt to Arrow Global

or any company you claim represents you.

 

On xxxxx xxxx I agreed a full and final settlement with Largo

on the following conditions.

1. This was a full and final payment.

2. Lago et al would remove all data from all credit reference agencies.

3.Largo and any associated third parties would not pass any balance

to any third party to pursue.

 

Largo wrote to me agreeing these terms and I duly paid the amount

agreed.

 

Largo confirmed in writting (copy attached) that the account balance was

now £00.00 and that my liability to their client was extinguished and the

balance written off.

 

Arrow Global now attempt to contact me regarding an outstanding

balance regarding this alleged debt, it is quite plain to me that somwhere

in the history of this matter that there is outright dishonesty and deception.

 

Therefore I most certainly will not be making any payment or offer of payment

to this spurious debt now or in the future.

 

I WILL most certainly be making com[plaints to the OFT, FOS and the ICO

regarding the applalling deceit and poor business ethics of ALL the companies

concerned.

 

For Clarification I do not acknowledge and liability to Arrow Global,

and I will not be making any payment.

 

The allged debt does not exist and is not ecforceable.

I require you to cease to process all data relating to

me, and remove that data from your records.

 

I require written confirmation of you company, compliance

within 7 (seven) working days from the date here on.

 

Recorded delivery so you can trace receipt.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Wow! How totally kind of you to spare your weekend time to helping me. Regarding point 3, when I sent the offer I worded it 'neither you or your associate companies will attempt to enforce or persue me for the remainder of the balance that you allege I owe you. When they agreed to the offer they state 'The remainder of the monies owed will be written off and you will not be contacted further. (But didn't mention third parties). Final letter after they had cashed cheque - your personal liability to both ourselves and our client is now resolved and the remainder of the account balance HAS been written off.

 

Also, what address should it be sent to. I saw someone's post saying they were having trouble having it delivered to their quoted address at 20 - 22 Bedford Row, especially when they were going to court and needed it delivered to a specific time scale.

 

I'm discusted, but hardly suprised they are trying this on. I just feel like letting them take me to court, showing the judge the relevant paperwork and describing in detail, Largo's phone conversations with them asking me to remortgage my house, threatening me with bankcruptcy twice, harassing me to pay more than I could afford even when they knew my husband was out of work. I would also ask them to produce the CCA which they admit is no longer available. All this at the time of many close family illnesses, deaths and redundancies. And as soon as I knew I wasn't going to be able to fulfill payment obligations to HSBC I went into the branch, made a payment every month even if it wasn't for full amount, was put on payment plan, paid this on time - then they sold or assigned the debt to Tessera/pheonix/largo. Anyway if they are asking for correspondence to go to largo do I still send your letter to arrow? And if so what address do you recommend? thanks again

Link to post
Share on other sites

Send it to Arrow Global

Belevedere,

12 Booth Street

Manchester

M2 4AW

 

Copy it to Largo, addressed to the Compliance Manager.

 

No worries about the time just looking between playing soldiers today!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

would you suggest i head the letters formal complaint?

 

yes

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Brigadier, would you advise to CCA both companies. I had sent one to Largo in 2007 and finally had it confirmed 'it was no longer available.'

 

Nothing to loose by doing so!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Both companies largo and arrow signed for letters and more cca's today. As i cca'd largo in nov 2007 and they admitted in 2010 they had no documentation or application form, as they put it, for the alleged account, is the account still in dispute from 2007?

Link to post
Share on other sites

If they send a copy of an application form a year or so after cca request which has little or no prescribed terms on it, are they still in default until they provide cca with prescribed terms? Is sending inappropriate app form considered non-compliance?

Link to post
Share on other sites

Some card accounts and others did use a

dual purpose application/agreement form

that together with the relevant Ts & Cs

can staisfy a section 77/78 CCA request,

but it would need careful checking.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

For Arrow Global, Largo, Phoenix and Whoever is Sitting at the Next Desk

 

 

If you deliberately send a claim to my previous address and obtain a judgement by default, I would like to inform you that while I am having the judgement set aside, I will be informing the relevant authorities that under the OFT Sanctions for non-compliance, sec 5.4 'misleading a debtor as to the enforceability of the agreement is unfair or improper business practice - highly relevant to a creditor's fitness to hold a licence under the act.' Omitting the fact that an alleged agreement is unenforceable is deemed misleading and unfair. Obtaining a judgement is deemed an enforcement. How you could obtain a judgement on an unenforceable debt would be up for questioning. Your companies collectively know you have not in your possession a valid cca with prescribed terms. I would be claiming for costs and compensation for unfair treatment.

 

OFT - sanctions for non-compliance 2010

 

Further, in so far as creditors, debt collectors and owners of hired goods

are required by the Act to hold a licence issued by the OFT, their fitness

 

to hold such a licence will take into consideration their compliance not

 

only with their legal obligations but also any evidence of unfair or

 

improper business practices, whether unlawful or not. The OFT takes

 

into account the general integrity and specific competence in the field of

 

the relevant regulated business of the trader and of its employees and of

 

its associates, which includes business associates. It should be

 

remembered that where the OFT considers that the business is engaged

 

in high risk credit activities, a higher level of regulatory scrutiny will be

 

applied.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...