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    • I wonder if anyone can help me. I had a loan with a high street bank from about 10 years ago and I had to stop paying because I lost my job. I reduced my payment to a token payment for a few years but I then ceased this some years ago because I took some advice from an online forum which said that I should ask a ‘Subject Access Report’. I did this and I also asked for a copy of the contract with both signatures which highlighted that myself and the bank had a contract and what its terms were. As the loan was made up of an overdraft and a formal loan I thought they would have paperwork. However, eventually the bank responded by saying that they had no contract and they admitted that as such it was not enforceable in court. Over the last year, the bank have again appointed Moorcroft Debt Recovery Limited to use their strongarm tactics. I have not been responding to the last couple of letters asking me to contact them to arrange a payment plan and now their letters are becoming more threatening. Here is the text of their latest letter……. Quote   We are aware that you have failed to agree an affordable repayment plan with us concerning the above account.   As no agreement has been reached we are now in the process of reviewing your account to consider the steps which may be taken in relation to further debt recovery action. The options include recommending one of the following:   ·         1. Continue in our attempts to contact you by letter and phone. ·         2. Instruct a local representative to arrange to call at your home address to try to re-establish contact with you.   To prevent possible further action you must contact us. Failure to contact us by the 22/10/19 will result in one of the aforementioned debt recovery actions being undertaken without further notice.  Unquote As you can see, they are now getting more threatening. I really do not want people knocking at my door – does anyone have any ideas as to what I can do to sort this situation? I do not want to pay for something that seems unenforceable but I do not want knocks at my door either. Any help would be appreciated.   Kind regards    
    • Yes it was a tomlin/consent order I have a recent statement its not showing any additional charges on it. The statement does not show the balance to pay each month, as the contract was terminated in March 17 and the termination bill was added to the account so my payments reduce the account balance £14262.38  Capital £6995.00 Interest £7213.38 Plus 3 x £18 charges  I presume if it went to court again I would be notified?    I thought court costs and charges could increase a balance owing but not be included in arrears or court proceedings when listing the amount owing, or am I wrong?    
    • Check to see if they are adding monthly charges inflating arrears as per DX.
    • .So I’ve been at the flat for a number of years , you had to be a certain age back then, now all ages and couples with young babies get put here , first floor , no garden not a good area not so bad either .   ive just had a letter to say I’ve been taken off the list to transfer to a more appropriate home ,  no notice just taken off, council are saying my age group no longer qualify.. I spoke to equality and human rights council they suggested I complain siting The Public Sector Equality Act 2010. ( The General Duty and Specific Duty)  relating to age discrimination.      But I’ve also come across this in LAW Quarterly online Mag.    LHA’s allocation scheme suspending applicant’s ability to bid (R (Alemi) v Westminster City Council) The High Court has held that Westminster City Council’s allocation scheme suspending certain applicants from bidding for social housing for 12 months breached section 166A(3) of the HA 1996 (setting out which groups of people should be given reasonable preference when allocating housing).   Interesting i thought?               
    • so you've had a notice of assignment then?   if so that's rare for nasty west to sell it on they typically litigate themselves so I bet the debt is vastly inflated with penalty charges and the interest they attract.   i'd be sending NW an sar get all the statements. then go thru them with a fine toothed comb.   could be £1000's to reclaim....   pers i'd stop paying   what was the original debt amount and what is outstanding now a bit more info on the history please   dx    
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I am pretty much housebound due to mental and physical illness.

 

Arrow are requesting that I instruct my health professional to provide them with details and that I sign a release for them to access sensitive information.

 

Is it safe to allow these people access to very sensitive information?

 

We haven't shared the details of my issues beyond immediate family, ex-employer, the benefits officers and Citizens Advice Bureau and my care team to date.


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A DCA has no rights to your personal information, only a Judge can legally access both your personal financial position and health records.

 

You tell Arrow how much you pay them, not the other way round, if your on Benefits then it is £1 per calender month and NO MORE, this is all that would be awarded if it ever went to Court.

 

Does Arrow own the debt or collecting on behalf of a Creditor?

 

Stigman

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NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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Thank you for the reply. Much appreciated

 

They have bought the debt c £3k Mint card. I did have debts totalling over 100K if you include the mortgage. We had several CCJ's and my health plummeted. We sold our property and made pro rata offers to all creditors from the funds from the sale. All but 2 accepted and the funds were dispersed amongst those that accepted. We had nothing left in the bank and no house or car. One of the creditors has continued to receive £5 per month on a £3500 debt through a CCJ and this other debt has been in limbo with Arrow for 3 years. Suddenly they are being active in their chasing. We are in rented social housing and I have a motability car from my disability. My wife gave up her job to be my carer and receives carers allowance and income support. I receive DLA and EESA.


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The debt that Arrow are chasing is not the subject of a CCJ?

 

What is the debt for? Credit Card/Bank Loan/Account etc.

When was the last payment made?

 

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Last payment was 7 yrs ago but letters has been exchanged every year. This debt has had more owners than David Beckham. RBS (Mint) Visa Card. Court action has been threatened several times by successive DCAs but not yet been carried out.


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Last payment was 7 yrs ago

 

Then this debt is Statute Barred, if no payment or written acknowledgement has been made within a clear 6 year period.

 

Send Arrow the following letter... http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

Send via recorded delivery and keep not only a receipt but a print off the delivery from the Royal Mail Track & Trace website.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I think the key words are written acknowledgement?

 

I have never denied the debt and made numerous written proposals to pay.


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I think the key words are written acknowledgement?

 

I have never denied the debt and made numerous written proposals to pay.

 

Is the debt still listed on your Credit File?

 

I would personally still send the Statute Barred letter and see what they come back with, some DCA's are excellent at keeping paperwork, others just throw them straight into the bin which is why they have only ever sent you threatograms and you have never been involved in the fantastic game of DCA letter tennis.

 

For the reference of your Credit File, Experian and Equifax both offer 30 day free trials but please remember to either download or print a copy of your Credit Report and then cancel within the 30 calender days or your card will be charged up to £14.99 per calender month.

 

Noddle is free for life, it is part of Call Credit which is the third least used of the CRA's and is less correct than the other two listed above.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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In the exchange of letters have you acknowledged this debt by offering payment or explicitly admitting liability?


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There are dozens of letters too and fro. Whilst I have never specifically said "yes I hold my hands up thats my debt" I have sent numerous budgets, settlement proposals / monthly payment offers to the string of DCA's plus CCA requests each time the debt has jumped to the next DCA.

 

I'm beginning to think I have a far better dossier on this matter than any of the DCA's in the chain which include:

 

AIC

Intrum Justitia

Wescot

Nelson Guest and Partners

Moorcroft

Home Collection Services

Apex

Wescot (again)

Arrow

 

I've even asked Arrow to progress to CCJ as I would rather talk to a Judge than these people.

 

Collection is currently on a 28day hold while they pursue my medical records.

 

Sorry if this is all a little garbled as the whole process has me stressed and confused. ... but your help is invaluable

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No problems I would like to read through all this again to see what can be done and get back to you tomorrow.

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

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My take on this is that it is statute barred, but I have reservations regarding the letters that have been ''exchanged'' over the years, did they unequivocally acknowledge liability for the debt?


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

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I cant argue an account is statute barred when I have tried to negotiate in the past surely?

 

They are still insisting on access to my medical information or medical practitioner.

 

Also the same debt is being simultaneously persued by Wescot. Surely they cant do that ?

 

I am losing sleep over this ... just when I'm getting my life back on track :(


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Were these ''negotiations'' conducted in writting?

 

No one or the other should be chasing it breaches OFT Guidance Section 3.7 ©'' Multiple businesses seek to recover the sam debt at the same time.'' can amount to harassment.

 

You can try this to the Compliance Manager at Arrow Global and Westcott.

 

Ref: use theirs.

 

Medical Records.

 

I refer to your demands for my medical to be provided and or contact with my medical advisors, such clinical data will NOT be provided to a company such as Arrow

Global as there is serious doubt that it would be treated confidentially and in accordance with the Data Protection Act 1998, therefore your demand is denied.

 

I have made clear my state of health which is now being seriously affected by the constant harassment my Arrow Global and its assigned agents Westcott, this breaches the OFT Guidance 2003/2012 Section 3.7 ©. ''Physical/ Psychological Harassment. ''Using Multiple Businesses to recover the same debt at the same time'',

you may choose to argue this but it is clear that Arrow Global and Westcott are pursuing this at the same time.

 

I suggest that you should recall the files on this from Westcott as I will not deal with them any further.

 

Ok?


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Thanks ...... I will let you knowhow I get on.

 

Ok GOOD LUCK!!!


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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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1st of all thes **** bags have no right t access your medical file tell them point blank to **** off, if they threaten any further complain to the trading stanards they tried that crap with me I got compo


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