clarity chasing egg debt

[emmyjay8]

Just received my second letter from Clarity. They say they are acting on behalf of ARROW GLOBAL LIMITED (their client), Original Lender: EGG who i had a Loan debt with well over 6 years ago!! They are "offering" me a Reduced Settlement/Affordable Payment Plan!!

 

As the debt is well over 6 years (2006), am i right in believing there is nothing they can do to chase it up??

[Halibutt]

Have you paid anything towards this or acknowledged the alleged debt in writing AT ANY POINT within the last 6 years? If not, and you are certain of this, then it's Statute Barred and you can let them know by template letter.

Is there anything showing on your Credit file?

If they are offering a "reduced settlement figure" then the chances are that it's either statute barred (and they're hoping you don't know that) or there's something wrong with the original agreement - either unenforceable or they don't have one.

Don't phone them - EVER.

See what the next letter brings and if you think it IS statute barred, use the letter template in the CAG library and amend it to your own circumstances.

 

 

Good luck, if you need any more info, let us know.

 

H. x

[emmyjay8]

Sent email to them on 6th June 2013 as follows:

Dear Sir/Madam

Account No

: **********

Original Creditor:

Egg

Clarity Ref:

CCM******

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the

Consumer Credit Act 1974 [sections 77-79],

I am entitled to receive copy of my Credit Agreement and a Statement of Account on request.

I understand a copy of my Credit Agreement and Statement of Account should be supplied within

12 working days

.

I understand that under the Consumer Credit Act 1974, Creditors are

unable

to enforce an agreement if they fail to comply with the request for a Copy of the Agreement and Statement of Account under these sections of the Act.

I look forward to hearing from you soon.

Yours faithfully

 

Their response by email on 10th June 2013 was as follows:

Good Afternoon,

In response to your email, under the Consumer Credit Act 1974 (s.77 (1), our client has requested payment of £1.00 to obtain a copy of the agreement.

Please make your cheque payable to Arrow Global Ltd and send to Clarity Credit Management using the address below.

Kind Regards

Diana Castagnaro Gerrett

Specialist Collections Advisor

Tel:

0844 561 1715

Email:

[email protected]

Web:

www.claritycreditmanagement.co.uk

 

 

Haven't responded to them since, not sure if I should bother sending off the £1.00 they requested paid to "

Arrow Global Ltd

"??

 

What you think?

 

[emmyjay8]

Forgot to mention, I just recently got a copy of my Credit File from Experian and the debt in question with EGG is NOT on it!!

[emmyjay8]

Sent email to them on 6th June 2013 as follows:

Dear Sir/Madam

Account No

: **********

Original Creditor:

Egg

Clarity Ref:

CCM******

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I understand that under the

Consumer Credit Act 1974 [sections 77-79],

I am entitled to receive copy of my Credit Agreement and a Statement of Account on request.

I understand a copy of my Credit Agreement and Statement of Account should be supplied within

12 working days

.

I understand that under the Consumer Credit Act 1974, Creditors are

unable

to enforce an agreement if they fail to comply with the request for a Copy of the Agreement and Statement of Account under these sections of the Act.

I look forward to hearing from you soon.

Yours faithfully

 

Their response by email on 10th June 2013 was as follows:

Good Afternoon,

In response to your email, under the Consumer Credit Act 1974 (s.77 (1), our client has requested payment of £1.00 to obtain a copy of the agreement.

Please make your cheque payable to Arrow Global Ltd and send to Clarity Credit Management using the address below.

Kind Regards

Diana Castagnaro Gerrett

Specialist Collections Advisor

Tel:

0844 561 1715

Email:

[email protected]

Web:

www.claritycreditmanagement.co.uk

 

 

Haven't responded to them since, not sure if I should bother sending off the £1.00 they requested paid to "

Arrow Global Ltd

"??

 

What you think?

 

[Halibutt]

The £1 fee is standard for a CCA request. Often the best approach is to send it to the OC, although if a company are "acting on behalf of" or have bought the alleged debt, they have a responsibility to either respond directly or pass on your request.

Send a Postal Order marked "For CCA Request fee payment only" - scan it or photograph it before send ing (so you have proof) and keep both the receipt and counterfoil.

 

H. x

[emmyjay8]

Hi Halibutt,

 

Haven't got around yet to sending off the fee for CCA but did actually receive another letter in post today from them as follows:

 

Dear Miss .........

MAKE ME AN OFFER

Original Lender: EGG

Our Client: ARROW GLOBAL LIMITED

Account No: ...............................

Clarity Ref: ..............................

Balance: £963.27

Our client will shortly recall your case for further action.

[As time is running out our client has advised us that they will consider any offer, however small, to settle the balance. Settlement could be via a one off payment or a series of payments.]

I very much hope that you can take advantage of this offer. However, if you are not in a position to do so then you should contact us and tell us about your current situation.

That way we can work with you and advise you on the best course of action.

 

We very much look forward to hearing from you. Call us on 0844 561 1715

Yours sincerely

 

Collections Department

 

 

What do you think I should do about this latest response? Just ignore? The debt isn't even on my credit file!!

xx

[Halibutt]

Hi Emmyjay,

 

Any offer of a reduced settlement figure usually means that there's something wrong with the paperwork or perhaps the allegd debt is statute barred.

You've checked your credit reference file and the account doesn't appear on it.

Have you made any payments to the account or acknowledged it in writing in the last 6 years?

 

If not, it could well be statute barred. IF you are sure that it is, then you can send them the Statute Barred letter in the CAG library and amend it to your own circumstances. Sending that letter does not re-set the SB clock. Send by Post Office Recorded Delivery and print your name, don't sign it.

 

H. x

[emmyjay8]

Hi Hallibutt,

 

Think it is well over 6 years, statue barred indeed!

Haven't made one single payment or acknowledged the debt in question, nor do I intend to Shall follow with letter!!

 

[Halibutt]

If you're certain, then yes, send the Statute Barred letter. It is then up to the OC to prove that the account is not SB.

Make sure that you include the statement that they should no longer pursue the account as you have no intention of paying.

 

Sometimes, a creditor will argue the SB date, but it should start from the official original date of default. If that has now gone from your CRA file, then you should be ok.

 

Send the letter R/D and good luck.

 

H. x

[emmyjay8]

Will do, first thing Monday morning! Will keep ya posted!

 

Thanks again H.

 

x

[Halibutt]

No problem Emma. Let us know how you get on

 

H. x

[dx100uk]

own thread created

 

dx