MORE Bizaare behaviour from B Carter re alleged debt. Court Paper

[andymzua]

Hi all.

 

Well further development.

 

I received a letter today dated 01/10/2012

 

Which reads as follows,

 

Dear Mr XXXX,

 

DEBT OWED TO Arrow Global Guernsey Limited

ASSIGNED BY Cap1 (ACCOUNT NUMBER XXXXXXXXXXXXX)

CLAIM NUMBER: XXXXXX

 

We writhe further to the above and enclose Notice of Change of Solicitor by way of service on you. This matter

is now being dealt with by our specialist litigation team. Please ensure all future correspondence, etc, is

addressed correctly.

 

We note from your defence you allege this matter is statue barred as per s.5 Limitation Act 1980. Please be

advised. you last made payment on this account on 01 February 2008 for £4.28. Accordingly, we do not accept

your argument that the matter is statue barred.

 

In addition, we acknowledge your request for copy documentation and confirm that the same has been requested

from the originating creditor and will be forwarded to you on receipt. Please be advised, the provisions of the CPR

31 would not apply in this matter as the claim will almost certainly be allocated to the small claims track.

 

We trust the information provided is sufficient and we await your response to the same.

 

Contact information is then provided.

******************

 

I have certainly not made any payment since the back end of 2005.

I will post the contents of the change of solicitor letter shortly.

[unclebulgaria67]

Part 18 request to find out who paid the £4.28. Payment method. Payee. Sortcode/Account number, Card number.

 

You can use a part 18 request for any information you want them to provide.

[BRIGADIER2JCS]

OK, This a ploy arrow have made before!

 

Send the following to Arrow addressed to their comppliance manager.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I acknowledge receipt of your notice of change od solicitor received on xx xx xxxx.

 

I now refer to your statement that a payment of £ xx.xx was paid on xx xx xxxx I refute this statement completely and require you to provide unequivical proof of any such payment, you are reminded that the onus of proof lays with Arrow Gobal on this matter.

 

I require the following information within 7 working days from the date of this letter:

 

1. The payment method for the alleged payment:

1b. If a cheque was used, the name of the drawer, the name of the bank on which the cheque was drawn, the name of the drawer, the account number on which the on which the cheque was drawn, the date the cheque cleared the account

2.If a a debit/credit card the type of card and the designation eg visa. visa delt, switch etc, the card number, the expiry date, the 3 digit security number and the transaction authorisation number.

3.BACS or or any other bank transfer the date of tranaction, the paying bank, the name of the drawer.

 

Payment by cash as statement of payment is unacceptable.

 

Unless you can provide this irrefutable proof including showing a record of the alleged transaction in the accounts of the company receiving the alleged payment, I state that this debt is staute barred and I will not be paying.

 

recorded delivery.

[andymzua]

Part 18 request to find out who paid the £4.28. Payment method. Payee. Sortcode/Account number, Card number.

 

You can use a part 18 request for any information you want them to provide.

 

Cheers,

 

Whats the Part 18 part of?

[andymzua]

OK, This a ploy arrow have made before!

 

Send the following to Arrow addressed to their comppliance manager.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I acknowledge receipt of your notice of change od solicitor received on xx xx xxxx.

 

I now refer to your statement that a payment of £ xx.xx was paid on xx xx xxxx I refute this statement completely and require you to provide unequivical proof of any such payment, you are reminded that the onus of proof lays with Arrow Gobal on this matter.

 

I require the following information within 7 working days from the date of this letter:

 

1. The payment method for the alleged payment:

1b. If a cheque was used, the name of the drawer, the name of the bank on which the cheque was drawn, the name of the drawer, the account number on which the on which the cheque was drawn, the date the cheque cleared the account

2.If a a debit/credit card the type of card and the designation eg visa. visa delt, switch etc, the card number, the expiry date, the 3 digit security number and the transaction authorisation number.

3.BACS or or any other bank transfer the date of tranaction, the paying bank, the name of the drawer.

 

Payment by cash as statement of payment is unacceptable.

 

Unless you can provide this irrefutable proof including showing a record of the alleged transaction in the accounts of the company receiving the alleged payment, I state that this debt is staute barred and I will not be paying.

 

recorded delivery.

 

Cheers for the advice again.

 

Should I resend the CPR 31 as it wasn't originally sent to AG or should I just tell them they they are already in breach of the CPR 31 by not requesting an extension in writing???

[andymzua]

Is it normal for a change of solicitor letter to not include who the new solicitor is?

[sillygirl1]

Yes, they do not always know who is going to handle it next, this is a red herring anyway and not relevant to your case.

 

The change of solicitor could be though.

[andymzua]

One other question, should my response regarding part 18 and the request for payment details include anything else such as failure to provide information under the CPR31 request or their lack of response to prove it letters or should I just go with the part 18 request?

[andymzua]

Well it is almost 2 weeks since I contacted AG asking to provide information regarding the payment I never made in 2008. No response to the latter.

 

Any idea what I should do now?

[andymzua]

Still heard nothing regarding my so called payment.

 

Still looking for advice on the next step.

[BRIGADIER2JCS]

Send a reminder letter.

[andymzua]

Hi all.

 

Yesterday, 24-11-12 I received a large A4 sized envelope from our friends AG.

It contained a letter (typed out below), a copy of a signed credit agreement with terms and conditions.

A default agreement not signed or dated.

Lastly a statement of account which to be honest is pretty basic as it goes into no details as to what was paid in or paid out. All it has on it is the date, Minimum payment, Credit Limit and Balance.

It also contained a signed credit agreement that is not even mine (very naughty of AG not to check as this is probably a breach of Data Protection)

*************************************************

"Dear Mr xxx,

 

DEBT OWED TO Arrow Global Guernsey Limited

ASSIGNED BY Cap1 (ACCOUNT NUMBER XXXXXXXXXXXXXXXX)

CLAIM NUMBER: XXXXXXXX

 

We write further to the above and your letter dated 09 October 2012.

 

Please find enclosed copies of the following documentation, for your records:

• Original Credit Agreement & Terms and Conditions;
  
• Credit Agreement & Terms and Conditions at Date of Default; and
  
• Statement of Account
  

 

You will note payment of £4.28, made on or around 01 February 2008, is evidence by the enclosed statement of account (highlighted in yellow). You may wish to verify this by referencing to your own bank records.

 

We invite you to review said documentation and await your response to the same.

 

Please be advised we remain open to negotiate settlement of the outstanding balance without recourse to trial. Therefore, please contact us on telephone number detailed below if you wish to discuss settlement options.

 

Yours Sincerely

 

Arrow Global"

******************************************************

So with reference to the so called payment which I know I have not made. They have not supplied what I requested in my letter dated the 9-10-12 in which I requested the following:

 

 

1. The payment method for the alleged payment:

1b. If a cheque was used, the name of the drawer, the name of the bank on which the cheque was drawn, the account number on which the cheque was drawn, the date the cheque cleared the account.

 

2. If a debit/credit card the type of card and the designation eg visa, visa delta, switch etc, the card number, the expiry date, the 3 digit security number and the transaction authorisation number.

 

3. BACS or any other bank transfer the date of transaction, the paying bank, the name of the drawer.

 

None of the above supplied. I no longer have any bank account and haven't since 2005.

 

As stated above, the letter also contained a signed credit agreement from a completely different person.

 

So what should my next step be and what should I do regarding the signed agreement that isn't even mine?

Any questions do not hesitate to ask.

As always, help appreciated and received with thanks.

[BRIGADIER2JCS]

Hi, What format is this agreement, and actual form or a reconstituted one?

The statement is what I would expect to see with a CCA request.

 

As to the ''mystery'' payment do you have statements going back this far, it does seem a very strange amount!!

 

Send back the following

 

To the Compliance Mnanger,

 

Ref: xxxxxxxxxxxxxxxxxxxxx

 

 

Dear sir,

 

I refer to your response to my request for information dated xx xx xxxx the contents of which have been noted.

 

I totally refute that I have made any payment to the allged debt and Arrow Global have failed to provide unequivical proof that any payment was made

in what form and by what method any alleged payment was made, therefore your comment is of no merit.

 

Can you post up a suitably redacted copy of the agreement please.

[andymzua]

Do you want me to post the whole agreement or just the signed page?

 

Unfortunately I have no way of scanning it so would need to take photo's.

[BRIGADIER2JCS]

Hi signed page and reverse pls.

[andymzua]

Here are the two pages required. If you require any more please let me know.

Sorry about the quality.

 

[ATTACH=CONFIG]39610[/ATTACH]

 

[ATTACH=CONFIG]39611[/ATTACH]

[andymzua]

FAO Brigadier2JCS, with regard to statements no I do not have them going back that far, also a point to note is that the date of the so called payment I did not have a bank account at all.

 

I have not had a bank account since the end of 2005.

 

I notice that the attachments where very very small, Are they any help?

[andymzua]

FAO Brigadier2JCS,

 

With regards to the so called payment on or around the 01 Feb 2008 I did not have a bank account.

I have not had a bank account since the end of 2005 and still do not have one.

 

Were the attachments ok for what you required? I notice they are fairly small and not readable.

If you require readable ones PM me your email and I will email them to you.

 

I am going to draft a letter including your suggested reply and also once again requesting information regarding the so called payment.

 

I may also advise them that I intend to counter claim for LIP which probably stands me at about 36 hours now.

I take it I would only be entitle to such monies should AG lose the case?

 

Any recommendation regarding this or should I just pursue the so called payment?

[BRIGADIER2JCS]

Hi, the images are to small but it looks like a standard form.

Yes pursue the paymentit seems a very strange amount £5 or £10 would seem more probable.

Claim the LIP as well.

[andymzua]

Cheers Brigadier2JCS, all very much appreciated. I will draft up a letter.

[BRIGADIER2JCS]

Come back if I can help further!!

[andymzua]

I most certainly will and have no doubt that I will.

[andymzua]

Not had any reply from AG since my last correspondence telling them that I refute I had made any payment.

 

Should I leave the ball in their court or should I push them for a response?

 

Cheers

[havinastella]

Just keep Mum

[BRIGADIER2JCS]

No Arrow have a tendancy to sulk if put in their places so yes leave well alone.