Arc europe chasing egg debt

[AnnieH17]

Hi,

I'm after some advice please.

 

Last year I received some correspondence from arc Europe chasing egg debt.

 

I wrote to them in nov 2012 asking for a signed copy of the cca.

 

I heard nothing until today.

 

I've received a generic looking print out with a tick box and no signature.

 

It's not on letterhead and clearly not a true copy.

 

Additionally they have sent me a debt recovery letter belonging to another person (data protection breach?).

 

What is my next step.

 

Incidentally the "cca" is dated 2006 and as I have never received a default notice I'm not sure when the last payment was made.

 

It's likely to be coming close to 6 years ago.

 

Any advice would be gratefully received as I am very very worried about all of this.

 

Thank you.

[Delta-Charlie-76]

Firstly stay off the phone to these leeches, if they phone state ' in writing only' & put the phone down.

 

I would check your credit files on Equifax Credit Reference Agency, they do a 30 day free trial.

 

When did you take the account out?

 

If you haven't made any payment or acknowledged the account in 6 years then it's Stat Barred. If you're certain its over 6 years send them the Stat Barred letter which can be found in CAG Debt Collection library.

[Delta-Charlie-76]

You've got a letter for another person....ask for a copy of ARC's complaints procedure and inform Trading Standards.

[silverfox1961]

You've got a letter for another person....ask for a copy of ARC's complaints procedure and inform Trading Standards.

 

Make sure all letters sent, you have proof that you sent it. Recorded Delivery or proof of postage (I prefer the former)

 

I would also send a copy of that letter to the Information Commissioners office

[BRIGADIER2JCS]

You need to check your credit reference agency asap, this should give you all the information you need, if it does not appear then the default was more than 6 years ago, and the last payment will have been some months probably prior to the default being placed.

 

I really don't think you need to worry to much about this if at all, get the CRA file then come back here with the information.

[AnnieH17]

Thank you all for your responses. I've had a look at my experian and equifax reports and its not on there. Would you suggest I issue the statute barred letter even though I don't know when the debt defaulted?

[citizenB]

Thank you all for your responses. I've had a look at my experian and equifax reports and its not on there. Would you suggest I issue the statute barred letter even though I don't know when the debt defaulted?

 

It might be worth spending a little time trying to find out when the last payment was made as it is from the first missed payment that the Statute barred timing starts.

 

When did you enter into the agreement ? You say in your first post that it is dated 2006 - you would have had to have defaulted pretty soon after opening for it to become statute barred ?

[BRIGADIER2JCS]

The ICO Technical Guidance on Defaults states that 'defaults should normally be placed with in 6 months of the cause of action). As citizen B has said above.

[AnnieH17]

I don't recall when it was opened. The agreement supplied by arc is dated June 2006, so just over 7 years ago but I'm not sure that date is correct as I was not living at the address on the credit agreement at the time. Surely the account would appear on my credit file if it was less than 6 years ago?

[BRIGADIER2JCS]

Ok posts crossed, if the account does not show on Experian and or Equifax this indicates that the default is more that 6 years old and as the last payment would be up to 5 months prior to this I suggest the following letter, this does NOT restart the SB clock nor does it admit liability.

The Compliance Manager

ARC Europe.

 

Date:

 

Ref: use theirs.

 

Sir/Madam,

 

I refer to recent correspondence from ARC Europe in which it is alleged that I owe a debt for £xxxx .xx in regard to an account with xxxxxxxxx, please take note I do NOT acknowledge any debt to ARC Europe or any company it may claim to represent.

 

How ever I must thank ARC Europe for prompting me to check my credit history and having done so I have concluded that any such alleged debt is STATUTE BARRED therefore I will NOT be making any payment.

 

I would remind ARC Europe that should it dispute the status of the alleged debt the onus of providing unequivocal proof that this matter is not statute barred fall entirely on ARC Europe.

 

I am fully aware of the OFT Guidance on Debt Collection 2003 (as amended) and the sections regarding the pursuit of statute barred debt.

 

I suggest that ARC Europe now closes its file on this alleged debt and ceases to process all data relating to me and removes it from its records.

 

Please be aware this is my final response.

 

Use recorded/signed for post and check delivery.

[AnnieH17]

Thanks so much

[BRIGADIER2JCS]

Thanks so much

 

No problem Annie, ARC are a pathetic bunch.

 

Please keep us updated on progress.

[AnnieH17]

No problem Annie, ARC are a pathetic bunch.

 

Please keep us updated on progress.

 

Hi all, I'm back again. I wrote back to arc complaining that it had sent me correspondence for another consumer and informed them that if it was their intention to continue communicating with me that their next letter should include confirmation that they reported their breach to the ICO. This probably wasn't a good idea as I've today received a response, only5 days after writing to them. Th.e letter has been written by a compliance executive and pretty well set out. Cut a long story short, they have told me that the tick box cca is compliant, and further that they have been advised that I last made payment to this debt in July 2009...which is unlikely given i was living abroad at the time. They are now asking whether I dispute entering in to the original agreement. My concern is that I know the debt defaulted in December 2006 but formed part of an IVA which failed. The iva was removed from the insolvency records in 2009 so I have horrible feeling that the payment may have come as a final payment from iva funds,which will no doubt serve as an acknowledgment of debt. Any advice on the best way forward? Do I issue SAR to arc or egg (debt bought by britannic a recoveries) or do I just bite the bullet and make an offer to settle, after all, this is my debt but I'm loathe to pay it to britannica as they no doubt bought it for a fraction on the balance. Any help gratefully received as this is starting to get the better of me! T.ank you.

[BRIGADIER2JCS]

SAR to the original creditor Annie.

 

Yes you are correct any payment restarted the 6 clear clock.

 

Get a SAR done there may be something useful in it.

[AnnieH17]

Thank you. Can you suggest what I write to the dca in the mean time. Do I tell them I have made a SAR to egg and to hold fire until then?

[BRIGADIER2JCS]

I would not inform the DCA unless they contact you again, then tell them.