Jump to content


  • Tweets

  • Posts

    • Work from home is "an aberration" that will be corrected as soon as possible says Goldman Sachs chief. View the full article
    • Work from home is "an aberration" that will be corrected as soon as possible says Goldman Sachs chief. View the full article
    • The mini electric vehicle being made by China's biggest carmaker is now outselling Tesla two to one. View the full article
    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Arrow Global/ Bryan Carter - MBNA Debt


Please note that this topic has not had any new posts for the last 2308 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

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 ?

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

 

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

Link to post
Share on other sites

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 by cashins
Typos
Link to post
Share on other sites

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

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

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

Link to post
Share on other sites
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

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

 

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

Link to post
Share on other sites
  • 2 weeks later...

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

Link to post
Share on other sites

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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
  • 4 months later...

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

Link to post
Share on other sites

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.

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

 

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

Link to post
Share on other sites
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.

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:

Link to post
Share on other sites
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.

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

 

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...