Arrows Claimform for old providian credit card 'debt'

[beryltheperil]

Hi everyone,

 

I recently received a court claim from Arrow Global Guernsey who have bought an old debt of mine.

They state that the date of credit card was 2002.

 

A few years ago, I sent off a cca request to the oc

and all I got back was a copy of a signed application form for the credit card

and terms & conditions (not the originals).

 

the date on their copy application form was 2003 but the account was opened in 2002

I didn't flag this up at the time because I thought I would just hang onto it as ammunition

if they ever tried to take it to court,

 

I just sent a standard template letter stating that they had not fulfilled their duties etc etc

and they then sent a final response saying that they had.

 

The reference number given on the court claim matches the account opened in 2002

so does that mean they haven't got a copy of the agreement

and, if they have, can they suddenly produce that after what was sent in response to my cca?

 

Any help anyone can give would be great, thanks

[Guest]

can you post up their particulars of claim (Less any identifiables). take it from there.

 

also, see http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%281-Viewing%29-nbsp

[beryltheperil]

Hi, Claim dated 2nd July -here are the particulars:

 

the claimant claims the sum of 2807.28 being monies due from the defendant to the claimant

under a regulated agreement between the defendant and providian and assigned to the claimant.

 

Notice of the assignment has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement

and a default notice was served pursuant to the consumer credit act 1974

and the claimant claims the sum of 2807.28 together with the costs of this claim.

 

particulars a/c no:-

date item value

[Guest]

ok, is small claims. cld do a cpr 31.14 request, see if they respond.

see here http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

also, if can spare a quid, send a cca request to the current claimant (their sols).

[beryltheperil]

Thanks. I have already done a cca request though as stated above so would I need to ask for it again?

 

 

I've got a copy of all the docs mentioned in the claim so do I need to do a cpr?

 

 

sorry if I sound a bit thick,

 

 

I guess there could be a legal reason for asking twice.

 

 

Appreciate your help

[Guest]

have you done a cca request to the current owner who have bought the matter,

 

you said before was to the original creditor?

 

to see what the claimant relies on,

 

partic as you say there is a poss discrepency re a/c numbers? up to you.

 

a cpr request costs nothing (except admin).

 

 

 

 

if anything, they come up with. again, up to you though.

wait see what others say.

[beryltheperil]

I was just thinking that

 

 

if the oc didn't have the agreement and sent that wrongly dated application

then it's unlikely that the new owner will have it

and I didn't want to draw their attention to the mistake.

 

 

How can they send a copy application dated a year after the account was opened?

 

 

It doesn't make any sense.

[AndyOrch]

I would advocate you request all again from the claimant beryl.

 

Regards

 

Andy

[beryltheperil]

ok, will do thanks Andy.

 

 

What if they send the same wrongly dated application form?

 

 

What will my defence be and

 

 

have they forged that or something?

 

 

Can't see how they would have an application dated a year after I'd already got the card

- the date was hand written btw

[AndyOrch]

Dont worry about if and what will be disclosed if anything......go through the motions and re request we can then respond appropriately within your defence.

[dx100uk]

when did you last pay anything to anyone regarding this card?

 

dx

[theoldrouge]

another question beryl, what was the date on your default notice

 

and what was the remedy date?

[beryltheperil]

Ha ha, can't help it Andy. I'm the type of girl who has to be 10 steps ahead if poss

 

That's another thing dx,

 

when I sent off my cca request.

They put a paragraph in their response letter saying that although I didn't send the £1 payment,

they have sent it.

 

Then they applied the £1 to my account!!

Cheeky banardo's!!!

 

I split with my ex around that time and a few payments came out of his bank via a direct debit

or standing order which he took a while to cancel.

 

The last payment was sept 08.

 

I thought was good at the time but if that hadn't happened, it would have been statute barred now.

 

All depends if Arrow have got the payment info tho mwa ha ha

 

I've got default notices,

1 dated 10/10/06 with arrears of £691.00 to reach them by 27/10/06

then one from arrow dated 22nd feb with arrears of £6 to pay by 22nd march.

[Guest]

2 dns?

a dn must be compliant with the regs http://www.johnpughschambers.co.uk/C...ons%201983.pdf

[theoldrouge]

do you have the dn served under s87 prior to termination?

[beryltheperil]

Sorry, it's all got a bit higgledy pigledy this as I should have given you a background.

 

Credit card received in 2002.

 

Got behind with payments due to unexpected pregnancy so default notice sent out in 2006.

 

A payment plan was arranged but only kept to for a few months when I split with my ex.

 

Payments were made a few months afterwards, last being Sept 08.

 

Nothing heard from then (apart from regular statements being received monthly and being chased sporadically by DCA's).

 

CCA request sent March 09.

 

Docs received back already stated in earlier post.

 

Assigned several times over the years and now a claim from Arrow.

 

I hope that makes things a bit clearer. Apologies

 

Yes, I have still got a copy of the first dn sent out dated 2006

 

Thanks for that link Ford. Another question is can both defaults be reported on a credit file? The first default was recorded in 06 and naturally 'fell off' in 2012. Then Arrows put the default on 29th March 2013 so, in effect, this has been on my credit files for 12 years!!!! Is there anything I can do about this?

[dx100uk]

the account cannot be defaulted twice

 

once an account is defaulted

it should VANISH on the defaults 6th birthday

and should never return

 

sold on or not

paid off or not

 

dx

[beryltheperil]

Thanks, what do you suggest I do now dx?

[BRIGADIER2JCS]

Thanks for that link Ford. Another question is can both defaults be reported on a credit file? The first default was recorded in 06 and naturally 'fell off' in 2012. Then Arrows put the default on 29th March 2013 so, in effect, this has been on my credit files for 12 years!!!! Is there anything I can do about this?

This is rather confused!

 

 

There can be two entries for the same debt 1. The Original Creditors Entry showing the original default date and marked "settled/satisfied, when sold on.

 

 

Followed by the debt purchasers entry which must show the original default date and the new "owners" data.

 

 

Here though it seems a little manipulation of the dates has occurred, you must place a notice of dispute on the credit files (all 3 main agencies will hols this data) then you need to make a Formal Complaint to the Data Controller at Arrow Global demand (don't ask) that AG removes their false entry from all CRA files immediately and that you intend to seek financial redress for this manipulation of the data and you will be making a complaint to the ICO and FCA.

[dx100uk]

arrows entry should not be showing.

 

The first default was recorded in 06 and naturally 'fell off' in 2012

[The Mould]

Hi, Claim dated 2nd July -here are the particulars:

 

the claimant claims the sum of 2807.28 being monies due from the defendant to the claimant

under a regulated agreement between the defendant and providian and assigned to the claimant.

 

Notice of the assignment has been provided to the defendant.

 

The defendant has failed to make payment in accordance with the terms of the agreement

and a default notice was served pursuant to the consumer credit act 1974

and the claimant claims the sum of 2807.28 together with the costs of this claim.

 

particulars a/c no:-

date item value

 

 

As of today’s date, have you filed a Defence against this claim?

Will you kindly scan in a copy of the application form from 2003 minus all personal details for our perusal and opinions/suggestions thereon?

Kind regards

The Mould

 

Hello beryl

 

 

Are you able to come back on my last post?

 

 

Kind regards

 

 

The Mould

[beryltheperil]

Hi, I haven't done a defence yet.

 

Hope I've done the attachment properly.

 

I got the dates mixed up btw.

 

Account opened in 2001 according to Arrow but the application form that oc sent in response to my cca request is dated 2002.

 

I've noticed that by signing, I was declaring that I was not an existing card holder

so maybe this applciation was rejected because I clearly was and had been since 2001.

 

Also, in the data protection act box,

it refers to term 21 of the t&c's and the t&c's I was sent with this only go up to number 16

 

ok here we go

[ims21]

Apparently, I've not made enough posts to be able to pm anybody. Can you right click on the image and save it, then zoom in on your file viewer?

 

You should be able to PM members of the Site Team. If not I will get that looked in to.

 

You can use this method by dx100uk to post up your stuff as PDF files.

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

or use Primo PDF.

.

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAGicon in the title

i'e Default notice DDicon-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

Edited July 10, 2014 by ims21

[BRIGADIER2JCS]

OK beryl

Sorry but can you please re-scan that application form because under the heading “DECLARATION” each sentence of the text is cut short on the right-hand side.

Thank you in advance.

Kind regards

The Mould

It is only odd letters that a "over the edge" and it seems that the declaration is complete.

 

 

It is clearly an app form and not an actual agreement.

 

 

It would appear that the document cannot be an agreement as it clearly shows that the application is " subject to credit approval".

[beryltheperil]

Quicker to type it verbatum:

 

CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

I am applying to Providian National Bank for a priority Reserve credit card, PIN and cheques subject to status.

 

I authorise you to send me a Priority Reserve Visa card with the terms stated in the enclosed Terms &Conditions (T&Cs). I have read and agree to be bound by the T & Cs.

 

I am a UK resident who is at least 18 years of age and am not bankrupt.

 

All the information provided by me is accurate.

 

I authorise you to search the files of any credit reference agency (CRA), which will retain a record of the search.

 

I further authorise you to share information about me with other creditors through CRAs in order to take credit decisions, carry out occasional debt tracing and prevent fraud.

 

I authorise you to use a credit scoring or other automated decision making system when assessing my application. I am not an existing Priority Reserve cardholder.

 

I understand you will telephone me in connection with my application to gain additional relevant details and/or-contact me to offer any products or services linked to my account or application. I understand that calls my be recorded and/or monitored.

 

DATA PROTECTION ACT

I agree to any information about me being used in accordance with condition 21 of the T & Cs, which also sets out my rights in relation to that information. If you prefer not to be contacted by companies outside Providian Group or GUS Group for marketing purposes please tick here.

 

Please reply by 29th June 2001

 

I agree Brigadier but the only thing that worries me is the recent High Court decision http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html