Arrow Global/ Bryan Carter - MBNA Debt

[abgm74]

Hi Please can someone help me.

 

I had an old debt with mbna for approx £10k.

 

 

I couldn't pay at the time so ended up with a default in 2006,

 

 

in 2007 I arranged repayment of £70PCM and have been paying until last month,

 

 

last week I wrote to Byan Carter saying they should write off the debt because I am unable to pay due to illness

 

 

bryan carter wrote back I still owe £5000 and

they can only reduce £500 but ill have to pay another £4500 to settle and

they are not charging me any interest.

 

 

My question is

 

 

can I send CCA request even though Ive been paying for 7 years.

 

 

also can I still negotiate a reduced settlement amount with bryan?

 

much appreciated

[citizenB]

Yes, you can still send a CCA request.

 

Do you know if there was any PPI or charges applied to the account ?

 

You will need to let the current owner of the debt know that you will be unable to maintain the payment schedule.

 

Do you own your own property ?

[cashins]

CCA them.

 

I had a similar situation with an MBNA which went to Arrow Global.

 

 

Don't know when you originally took out the card, I took mine out in 1999.

 

 

They could't find the agreement so stuck two fingers up despite their pleading letter that I was 'morally obliged to pay them'.

 

Suspect this situation applies to a fair number of years with them so give it a go.

 

David

Edited May 27, 2014 by cashins
Typos

[renegadeimp]

Have you been paying carter all this time? Have you even checked to see if he can legally enforce the debt?

[abgm74]

Hi guys thanks for replying,

 

 

Citizen B,

 

 

Im not sure if I had PPi on this but

 

 

I wrote to Bryan carter saying I am unable to pay at the moment

 

 

but can they default me again as the original default by the OC has been over 7 years and its not on my credit file.

 

also yes I do own my property.

 

 

thanks

[abgm74]

Hi cashins,

 

 

I will CCA them right away

 

 

this card was taken out back in 1998

 

 

so hopefully they wont have the agreement,

 

 

but I heard they can just make a reconstructed agreement..

 

 

. also they might have an argument saying why have I been paying bryan carter for the past 7 years.

[renegadeimp]

If the loan was taken out that long ago, they would need the original to enforce any court judgement.

[abgm74]

Hi renegade thanks for you reply, It was a credit card not a loan, ive stopped paying since last month can they default me on this since the original default has cleared from my credit file

[citizenB]

Hi guys thanks for replying,

 

 

Citizen B, Im not sure if I had PPi on this but I wrote to Bryan carter saying I am unable to pay at the moment but can they default me again as the original default by the OC has been over 7 years and its not on my credit file.

also yes I do own my property.

 

 

thanks

 

 

No, they cannot add another default now the original has dropped off.

 

The reason I ask about property ownership is because this could be the reason they will not simply write off the balance

 

It might be in your interest to send a Subject Access Request to the original lender in order to establish if there are any penalty / default charges or PPI that you might be able to reclaim.

 

The SAR will cost you £10.00 and needs to go to the Original Creditor.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

I have also attached a link to a draft letter advising BC that you will no longer be able to maintain the current payment arrangement, asking them to write it off because of your circumstances. You will need to amend the letter slightly to consider the whole of your circumstances. I would suggest you send this to Arrow Global (Head/Registered office) and just send a copy to Bryan Carter.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387360-Ask-your-Creditor-to-Write-off-your-Debt

[abgm74]

Hi CitizenB, thanks for your help I will send them today, should I also CCA bryan carter?

[abgm74]

Hi guys thanks for all your help.

 

 

I have received a reply from Arrow Global following the CCA request to Bryan Carter, they have also returned the £1 postal order I sent. The letter states..

 

 

Arrow / Mbna

 

 

Thank you for your letter dated xx may 2014. We 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 now 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.

 

 

Is that good news? does that mean I don't have to pay anything for the mean time?

 

 

thanks

[renegadeimp]

Standard crap from them. They dont have the right paperwork, you called their bluff, and theyve ran away with their tail tucked firmly between their legs. They might come back at a later date, but theyll likely sell it on.

[abgm74]

HI guys,

 

I really need some help with this,

 

 

Just when I thought I won things just got worse

 

 

I just received some stuff from Arrow Global,

 

 

they somehow made up an artificial agreement

 

 

stuck my name and address on and sent it to me,

 

 

it has no signature no date or nothing else

 

 

only the name and address plus the standard terms and conditions,

 

 

they want me to start paying up again.

 

 

I have attached the copy to view,

 

 

please could someone advise what I should do next?

thanks

[abgm74]

sorry the last pics didn't work so im try resending again

[citizenB]

Responding to S.O.S.

 

I think you will require others to comment on this as well.. but my thoughts are..

 

1: They are a bit out of date as they are quoting the OFT who have been out of the picture for a while.

2: They are correct in that they can provide a reconstituted document for the sole purpose of the s78 request - however, if they want to issue a claim and obtain a judgment, they will require the original.

3: If that is the document they are relying on, then they might have a few problems inasmuch as there is absolutely NO way it would have contained the prescribed terms. As you can see it is one of the mailshot application forms that would need to be folded and returned. They cannot claim the Prescribed terms were on the reverse as that would have contained their address details.

4: MBNA have a reputation for "guessing" what document you "would" have signed as prior to around 2009, they didn't retain copies of their paperwork. See Harrison v Link.

 

So if you can say with absolute certainty, that you didn't sign anything like the document they have provided, you might stand a chance.

 

Do you know the date you entered into the original agreement with them ?

 

Wait while you receive other comments before taking any action.

[abgm74]

the credit card was taken out around 1997/98

also let me send another doc it is the folding and return form but is has some of the terms on there

[abgm74]

Hi CB thanks for your reply, here is the other side of the priority request form am not sure if this is the full terms

[BRIGADIER2JCS]

HI guys,

 

 

I really need some help with this, Just when I thought I won things just got worse I just received some stuff from Arrow Global, they somehow made up an artificial agreement stuck my name and address on and sent it to me, it has no signature no date or nothing else only the name and address plus the standard terms and conditions, they want me to start paying up again. I have attached the copy to view, please could someone advise what I should do next?

thanks

 

 

Reconstituted agreements do Not need to have signatures, but Must have the following constituent parts to be compliant:

1. Your name & address at the inception of the account.

2. The creditors name and address at inception (if an account has been "taken over" by another provider the Ts& Cs of the original account.

3. The Terms & Conditions as at the inception of the account.

4.The Ts & Cs at closure.

5. Any material changes/amendments made to the Ts & Cs during the life of the agreement and any other document mentioned in the body of the Ts & Cs.

 

 

If one point fails the recon fails entirely.

[citizenB]

Hi CB thanks for your reply, here is the other side of the priority request form am not sure if this is the full terms

 

Did we really return application forms that contained information that an ID thief would salivate over.. in the post, with a block of text on the OUTSIDE that identified what the inside would contain ?? I kind of think not.

 

It looks to me as though they have copied those financial conditions onto the bottom of the document.

[abgm74]

Thanks Brigadier,

 

 

Does this mean this reconstructed form is enough to prove CCA in court?

[abgm74]

Hi guys just looking back at the cca request which I sent to arrow's solicitors Bryan carter back in may,

 

 

I might have sent the wrong CCA request because I only received the reconstituted priority request form

but no statements or assignment which I didn't mention on the CCA request below.

 

 

[text of template removed - dx]

 

 

Can I make another CCA request mentioning Statements of Account, copy of deed assignment ect?

[renegadeimp]

You wont get to see the deed. For the rest, you would have to SAR the OC, as arrow and carter will have very little info on you.

[abgm74]

Hi renegade thanks for your reply,

 

 

I already got the SAR from MBNA,

 

 

its quite a big pack first with a few computer screenshots of name and details call logs

and all payment information and charges but

 

 

there is no application form or agreement nor does it say anything about default notices.

[renegadeimp]

You wont get that with a sar. Thats what the CCA is for. Default notices though should be part of the SAR pack. Though a lot of companies love to leave a lot of important stuff out, hoping you wont notice.

[abgm74]

it does state that it was sold to arrow back in 2006, but could mbna sell the account to arrow without a issuing a default notice on me?