Student loan from Sallie Mae, now by Drydensfairfax solicitors

[Bazooka Boo]

They have 40 days to respond (calender days)

[dx100uk]

sar or CCA sent?

 

dx

[renegadeimp]

CCA is 12+2 BB

[The Evil Bus Driver]

This is the sort of thing that probably sits in their office churning out threats. It makes them happy.

 

[ATTACH=CONFIG]46083[/ATTACH]

[Bazooka Boo]

CCA is 12+2 BB

 

Yes apologies!

No excuses, thank you!

[Tucoist]

CCA is 12+2 BB

 

Hi Guys, yes it was a CCA... what does 12+2 BB mean?

[Mike_hawk]

Hi Guys, yes it was a CCA... what does 12+2 BB mean?

 

2 days for service + 12 [business/working] days to comply

[Tucoist]

Ahh i see, well we must be nearly upto that time now, maybe when I get home there will be some letters waiting for me...

[Tucoist]

Hi guys, I hope all is well. I am still waiting for my reply from either 'DRYDENSFAIRFAX' or 'ARROWS'

[dx100uk]

time to send the failure to comply letter then

 

dx

[Tucoist]

I will check this evening if I have any surprises in the post. If not I will let you know, do you have a 'failure to comply' template?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Tucoist]

Many thanks again guys, I will let you know if I have received anything today and take it from there...

[Tucoist]

Hi Guys, here is an update on the situation

 

after sending a 'failure to comply' letter to both 'ARROW GLOBAL' and 'DRYDENSFAIRFAX'.

 

After not hearing anything from both after sending a CCA to both of the said companies the Failure letters have now created a response.

 

I received two letters for each account (The study loan was split into two). One of the letters had my postal order for one pound attached to it. Here is what the letter states:

 

 

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

We thank you for your recent letter and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

 

We do not accept that we are the creditor as envisaged by the above statute.

However, we are willing to assist in obtaining that which has been requested.

We will not process your request for documentation from the creditor and will revert in due course.

 

We confirm that all collection activity will be suspended pending provision of the documents.

 

We return the payment of £1.00

 

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

 

I am not going to start celebrating yet as I am not sure what to make of this latest development.

 

Any help would be massively appreciated.

 

What do you think the next course of action should be?

[dx100uk]

wait .

 

dx

[renegadeimp]

Yep. THey dont have the paperwork. You called their bluff, so they are going to either create some documents, or sell the debt on.

[Tucoist]

Ahh so they are buying themselves a bit of time.

 

 

What kind of documents could they create themselves?

 

 

Would I have to send CCA's to the potentially new people who the debt is sold on to?

 

I am kind of happy that their bluff was called.

 

 

I thank the good people of this forum for the help and advice!

[BRIGADIER2JCS]

A 'Reconstituted' agreement can be produced to satisfy a section 77/78 request under the CCA 1974:

 

This must have: Your name and address at the start of the agreement, the creditors name and address at start.

All Ts & Cs from start to closure and all amendments made during the life of the agreement.

[Tucoist]

So some of the information they would have to get from 'SALLIE MAE' who now only operate from overseas and have ceased trading in this country.

[Tucoist]

Hello

 

quick update. I received a letter on the 10/10/13 from ARROW GLOBAL LIMITED

 

------------------------------------------------------------------

 

Dear Mr

 

 

DEBT OWED TO Arrow Global Limited

ASSIGNED BY Sallie Mae (ACCOUNT NUMBER ********)

 

 

We thank you for your letter dated 17/09/2013 and note the content.

 

We have acknowledged your request for documentation pursuant to the Consumer Credit Act 1974 in our letter dated 18/09/2013.

 

As previously advised we do not accept that we are the creditor as envisaged by the above statute and therefore are not obligated to provide you with the documentation you require within a limit of 12 days.

 

We are, however, willing to assist in obtaining that which had been requested and have contacted the originating creditor to process your request for documentation. We will revert in due course.

 

Please be advised that your account is on hold and we can confirm that all collection activity has been suspended pending provision of the documents.

 

We trust this is satisfactory to your requirements.

 

 

Yours Sincerely.

 

 

---------------------------------------------------------------------------------

 

 

Is this a stalling tactic? Are they still trying to get the original documentation?

 

Many thanks

[unclebulgaria67]

Sit and wait, keep all documents. Nothing for you to do at this point.

[Tucoist]

Hi Guys, I hope all is well and you have a splendid xmas and new year. Many thanks for all your help and advise in 2013.

 

I have now received a nice colourful letter from 'ARROW GLOBAL' with a bit 'Notice of Sums in Arrears' and it reads

 

---------------------------------------------------------------------------------

 

Dear Mr

 

We are writing to you because your account is defaulted, and Arrow Global Limited is obliged by law to send you a Notice of Sums in Arrears at least every six months, even if you are making regular payments. As your account is defaulted, the full balance is owed to Arrow Global Limited. Please find below your Notice for the period of 1st June 2013 to November 2013.

 

All payments and correspondence regarding your account should be directed to DrydensFairfax Solicitors who are managing your account on behalf of Arrow Global Limited.

 

---------------------------------------------------------------------------------

 

It then goes to show different coloured boxes with different amounts and information in them.

 

This is the only correspondence I have had for a while after I send them the templates you provided for me. There is no final demands or anything of that regard so I do not think I should worry about this letter. I have not received a letter of this nature before.

[dx100uk]

its as they say

 

they believe they are the creditor

 

they must send it

 

keep it safe

 

dx

[sequenci]

They have to send that notice every six months in accordance with the Consumer Credit Act. If they fail to do so the debt would become unenforceable until they do. In addition, they wouldn't be able to charge interest whilst they are in default of doing so. All that said, I would follow Dx's advice and await the credit agreement. If they have it. Which I doubt.

 

And regardless of what they say, they should be sending you that info - as it's likely they are 'the creditor' as per Crutchely v Go Debt [2009] and paras 2.4 to 2.7 of the OFT Guidance.

 

In short, they're trying to lead you on.

[Bazooka Boo]

By Law....pah, almost spat my tea out when I read that!