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pyle
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Hi everyone I wonder if you could help me?

 

My wife has just recently received a letter from drydensfairfax chasing a debt on behalf of arrow global.

 

They are also calling 2/3 times per day but we have not answered the phone to them.

 

The thing is the debt is from the early 2000's and my wife has not made a payment on the debt for over 7 years

so do we just ignore then and hope they move on or should we send them back a statute barred letter?

 

I am a little worried about sending a letter in in case they try to somehow try to make out that a payment has been made during the last 6 years

and we know that it is definately not the case but on the other hand we are unsure if they will stop with the harassment if we dont do anything.

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If you are certain that it's SB then send the letter.

 

The onus is firmly on Global/Drydensfairfax to prove that a debt is not SB which means they have to provide irrefutable evidence that an admission or payment has been made within the limitation period.

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just remember they are a DCA

 

they are NOT bailiffs

 

and have NO SUCH LEGAL powers.

 

either ignore

or

fire off the SB letter.

 

anything on your CRA file?

 

 

see below.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the quick replies, there is nothing on her report and she assures me that no payments have been made and she has not acknowledged owing anything to them for over 6 years.

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ignore

 

just phishing for a mug to fleece.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Once you send a SB letter, according to OFT guidelines which they have to adhere to, they must cease all collection activities until such time as they prove a debt is not SB.

 

Unless you send the letter they are free to annoy you until hell freezes. ;)

 

Ok so it's better that we send a letter in now rather than hoping they go away.

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Ok so it's better that we send a letter in now rather than hoping they go away.

 

Yes, send the letter immediately - send it at the very least by recorded delivery so you have a record of receipt by them.

 

Until you tell them that you are not going to pay on a Statute Barred debt, then they will continue to pressure you.... in the hope that you do not understand the rules !!

 

You will find a draft letter in the CAG library, which is linked in green at the top of the screen.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes, send the letter immediately - send it at the very least by recorded delivery so you have a record of receipt by them.

 

Until you tell them that you are not going to pay on a Statute Barred debt, then they will continue to pressure you.... in the hope that you do not understand the rules !!

 

You will find a draft letter in the CAG library, which is linked in green at the top of the screen.

 

Thanks again will get the letter sent off and hopefully that will be the end of it.

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Yes send the Following letter to their compliance manager.

 

Ref: as on their letter.

 

Dear sir,

 

I have received your letter dated xx xx xxxx in which you allege that I owe a debt for £xxxx xx please take note I do not acknowledge any any debt to your company or any company you may claim to represent.

 

Having reviewed my credit history and on taking advice I have concluded that any such aalleged debt is statute barred thereforeI will not make any payment now or in the future.

 

I have been made aware of the OFT Guidance on debt collection 2003/2012 and the sections regarding the pursuit of statute barred debt.

 

You are reminded that should you wish to dispute the status of the alleged debt the onus of proof that the debt is not so barred lies entirely with your company it not for me to prove the debt is statute barred.

 

You will now cease to process all data relating to me and remove it from your records.

 

This is my final response.

 

 

send recorded delivery.

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:

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  • 9 months later...

Hi all,

 

After everyone's help on here last year we sent off the statute barred letter to Drydens back in December 2012 and then have not heard a thing since up until now.

 

We have just received a letter from Arrow Global with a notification of the account transfer to new agency.

 

It states that they are transferring the management the account to Restons solicitors limited.

 

So what do we do now? Do we just send the statute barred letter off to Restons solicitors?

 

Thanks in advance.

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Hi Pyle

Personally I would do nothing, the debt though statute barred technically still exists, therefore if Restons want to “administer” it I would let them get on with it.

 

It is only if they attempt collection that they will be acting contrary to OFT guidelines at which point you can take appropriate action.

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Hi Pyle

Personally I would do nothing, the debt though statute barred technically still exists, therefore if Restons want to “administer” it I would let them get on with it.

 

It is only if they attempt collection that they will be acting contrary to OFT guidelines at which point you can take appropriate action.

 

Ok, we will wait and see if they get in touch with us in the future.

 

Many thanks for the response

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Pyle doing nothing is not really a wise thing here!!

 

Send the Stat Barred Letter by recorded delivery to Arrow, DF have just passed the debt back to them with out informing them or your letter.

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:

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Pyle doing nothing is not really a wise thing here!!

 

Send the Stat Barred Letter by recorded delivery to Arrow, DF have just passed the debt back to them with out informing them or your letter.

 

Ok Brigadier thanks for that, it does state on the letter that all further queries, correspondence and payments should be made to Restons and not Arrow so should I send the statute barred letter to both or just arrow?

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Goes on all the time despite the OFT being against the practice of selling SB debts without informing the purchaser of the status of the debt.

 

In the vast majority of cases the debt purchaser/DCA has no data on this when they acquire an account.

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:

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Goes on all the time despite the OFT being against the practice of selling SB debts without informing the purchaser of the status of the debt.

 

In the vast majority of cases the debt purchaser/DCA has no data on this when they acquire an account.

 

Ah ok thanks for explaining that, will get the SB letter's fired off tomorrow and will be back if I hear anything from either arrow or restons

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  • 2 weeks later...

Hi all, so we have got a response from restons solicitors saying that a payment was made in March 2008 which is an absolute lie and has been made up. I have even checked our bank account back to that date which is the only bank account we had and no payment was made.

 

What do we do now?

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You need to ask them how the payment was made..

 

Cheque / postal order / cash at the bank / bank transfer . Along with all the associated details eg.. cheque number, postal order ref, copy of receipt for bank payment or bank details for the transfer.

 

How much was the payment for. When was the last time you believe YOU made a payment to the account (what period of time between that payment and the one they say was made in March 2008 ) !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You need to ask them how the payment was made..

 

Cheque / postal order / cash at the bank / bank transfer . Along with all the associated details eg.. cheque number, postal order ref, copy of receipt for bank payment or bank details for the transfer.

 

How much was the payment for. When was the last time you believe YOU made a payment to the account (what period of time between that payment and the one they say was made in March 2008 ) !

 

We know we did not make payment since mid 2005 so to say we made a payment in 2008 is simply not true

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You need to ask them how the payment was made..

 

Cheque / postal order / cash at the bank / bank transfer . Along with all the associated details eg.. cheque number, postal order ref, copy of receipt for bank payment or bank details for the transfer.

 

How much was the payment for. When was the last time you believe YOU made a payment to the account (what period of time between that payment and the one they say was made in March 2008 ) !

 

 

Follow the advice here challenge them for proof of payment!

:mad2::-x:jaw::sad:
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