Advice on Arrow Global please

[pixie30]

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.

[BRIGADIER2JCS]

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.

[pixie30]

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.

[BRIGADIER2JCS]

No problem!!!

[ims21]

Thread moved to Arrow Global forum

[pixie30]

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!!?

[pixie30]

Also, HSBC, Largo and Phoenix did not list any defaults on my CRF. I couldn't get onto it today to check if anything has happened with these lot.

[BRIGADIER2JCS]

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.

[pixie30]

Nothing on credit file

[BRIGADIER2JCS]

Nothing on credit file

 

I'l start on your letter soon.

[pixie30]

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

[BRIGADIER2JCS]

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.

[pixie30]

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

[BRIGADIER2JCS]

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!!

[pixie30]

Would you suggest I head the letters FORMAL COMPLAINT?

[BRIGADIER2JCS]

would you suggest i head the letters formal complaint?

 

yes

[pixie30]

yes

 

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.'

[BRIGADIER2JCS]

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!

[pixie30]

Nothing to loose by doing so!

 

Letters done, many thanks for your help. Will keep you posted.

[pixie30]

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?

[pixie30]

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?

[BRIGADIER2JCS]

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.

[pixie30]

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.

 

 

[pixie30]

Hi Brig,

Thanks, I think many people on this site would have been in alot more stress if it wasn't for the 'good guys' on here willing to help.

[BRIGADIER2JCS]

Happy to help!!