Backdoor Arrow CCJ - old MBNA card DEbt

[dx100uk]

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

.

[HateBanks]

dx100uk

 

Thank you,

it DEFAULTED (despite being disputed ) in July 2010 , by MBNA

 

it was ASSIGNED ( despite being disputed ) in January 2012 , to new owners , Arrow

 

So it should stop showing on credit report after July 2016 ? Or could Arrow put it back on ?

[dx100uk]

being in dispute bla bla bla

doesn't stop things being done

old wives tale sadly.

 

 

once gone from CRA file it can never return

[HateBanks]

The FCA advise

 

" Arrow Global Guernsey

 

This firm's permissions have lapsed. As of 30 September 2015, they're no longer allowed to carry out financial services in the UK or with UK customers. This can be seen on the register. To see which permissions have lapsed, just click on the 'Permissions' tab. "

 

I've asked the FCA if this means that Companies explicitly stating they're acting on behalf of Arrow Global Guernsey , including DCA's, and Arrow Global ( who do have permissions in the UK and with UK customers) are acting illegally .

 

I will advise if I get a response.

 

So they don't need to be regulated they just use a regulated company.................

 

Even though this alleged default will be over six years ,

I'm worried the Statute Barred clock has been kept open by the owner simply by their sending letters ,

 

from this on the FCA website,

in which case they can keep that going forever just by checking my credit reference agency file and sending to the addresses listed - is that right ?????

 

 

from FCA Website follows....CONC 7.15.5G01/04/2014

 

If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt.

[Note: paragraph 3.15b of DCG]

[dx100uk]

no you are reading it wrong

stop looking for issues.

doesn't matter what the owner sends

its payment / use/ signed letter by you.

 

 

dx

[HateBanks]

Dear dx100uk ,

I have just discovered via Noddle that a CCJ (almost certainly this ) was issued to an old address , more than a month ago.

 

Address over 5 years old.

 

New address on CRA records.

 

My worst nightmare , any advice appreciated.

 

Many thanks.

[dx100uk]

get the CCJ number from the report

go ring northants bulk

ask for a copy of the claimform and the CCJ by email PDF

[HateBanks]

This was sent to an old address and is dated end September so over 14, 28, 30 days. Only aware today.... desperate.

[dx100uk]

as post 83

[HateBanks]

Rings out and cuts off. I have a case reference number on the online report. Is it possible to do on line given out of date. Also is it worth contacting claimant ( if can see details - previous advice has been do not contact )

EDIT

rings and cuts off 15;00

rings and cuts off 15;05

rings and cuts off 15:16

Edited November 10, 2017 by HateBanks
updating for memory

[dx100uk]

you'll have to wait till Monday

its Friday they close at 4pm

but you simply keep ringing.

 

no don't do anything else with anyone till you get that info we need.

 

I would suspectthis can easily be removed as it was statute barred. when they issued the claim

but as you'd not sent them a cca request

nor told them in writing of you correct address

they filed to an old one.

 

which harks back to post no.1. which is why you never ever hide...

but sadly it fell in death ears over two years ago

[HateBanks]

dear dx100uk - thanks you.

Got through I am awaiting Email, and dispute/fight case forms. Court representative advises its from AG , Drydens, Awarded by / as default.

Got Email with 4 attached files including, set judgement aside N244, N244 Eng, Ex 160

Edited November 10, 2017 by HateBanks
memory

[HateBanks]

I have the Judgment for Claimant (in default) file now. Terrified. Thanks for you help.

[dx100uk]

well don't be and please stop saying those things

its gets boring...

 

so date of judgement please

or the date the claimform was issued.

 

dx

[dx100uk]

so's I don't have to waste time later when you ask the question I know you will i'll answer it now

the claim is nothing to with MBNA they sold the debt so you are NOT damaging anything by doing below get it done

now will do.

 

go ring MBNA [your have the card number from the claimform or one of the other letters you've had its 16 digits long]

 

ask them the last payment date

 

if they give you the run around

state

 

that under the data protection act

and

the prevention of Fraud act

 

they MUST hold data for 6yrs

so stop messing me around.

 

if you don't give me the information as soon as this call is over I shall be onto the information commissioner raising a complaint against you.

 

dx

[HateBanks]

date of judgement please = 29/9/2017

 

Also AGG have had correspondence from me at correct address I believe, but probably cant prove.

 

dx100uk - looking back over this to try and remember, I'm so sorry no to have simply done exactly what you said.

 

Remembering, I had this "supressed" on CRA Nod report. They said was voluntary, could be "unsupressed" at any time. I was looking to see the default dates but of course cant be seen.

 

Because this went to old address, despite them having current address, i understand even if set aside , will remain on CRA report 6 years.

 

Notwithstanding own stupidity / bad decisions - believe AGG Dryden Fairfax deliberately chose not to use current address for County Court Judgement - thus ensuring default.

Yes you told me so, doesn't make it right.

 

Reading below, not sure I can prove... think returned correspondence WITH new address with hand written comments... but probably not copied - searching

"If you didn’t get the papers, the court will expect you to prove you’d given the creditor your new address."

 

Thanks will do

 

Just got cut off , but not before

 

MBNA say 2 cards - there weren't - anyway they say last payment by debit card 2009 , I dont think thats right ,

I think CRA showed payments being made after that by online banking I'll need to check.

They say sold to AGG in Jan 2012

 

I think i would have been in medication fuelled rambling negotiation after that... need to check, sorry so vague

 

MBNA woman very helpful , " can see 2 accounts dating from 19** , lots of coments, so old will need to look on another system, please bear with me" etc

[dx100uk]

CRA wont show how payments were made

but if theres been no payments since aug 2011 it was statute barred

before they issued the claim

so easy to set aside.

 

but confirm that info first please

[HateBanks]

OK thank you I will go and check but think will only have disputed with AGG , may have sent them cash in post specifying only for postage. I will try bank tonight / tommorow, and maybe try MBNA again.

[dx100uk]

ok well theres nowt you can do till Monday anyway

so take your time and do it properly

find that data

as for sending payment in the post forget you did it..they wont have any record of that

and if you mean the postal order for the CCA request that doesn't count!!

[HateBanks]

Cheers have a good weekend and thanks again.

[HateBanks]

dx100uk

Further call to mbna.

They "passed on" account to AGG Jan 2012 ( have date, worried posting all here ?? )

they can see 2 further payments made May - 05/2012

- say they would have passed on to AGG.

I know these would have been cash (loose foreign currency) sent with a note saying NOT for account - but to cover postage - as I was (ill & ) insistent on stressing DISPUTE.

I may have done similar to AGG later , often wrote on and returned their/dca/agents letters to correct address

( as above I think i would have been in medication fuelled rambling negotiation after that... need to check, sorry so vague)

Obviously concerned means not SB.

Should I now SAR both MBNA and AGG to gather supporting evidence for request to set aside ?

That may speed their collection activity to my correct address, since AGG and DryFax served the CCJ at old address ?

Not married but have partner - can partner be pursued / affected in any way.

We are not linked on CRA info, but same address.

multiple concerns about financial arrangements.

[dx100uk]

I would sar MBNA yes.

no this cant effect your partner.

 

whatever made you put money in for postage?

when doing return to sender?

[HateBanks]

thank you dx100uk

SAR MBNA but not AGG ???

AGG will have some letters ,maybe Email

- put money in as irrational thinking,

as stated to them,

heavily medicated,

vulnerable person,

trying to be reasonable,

often in laymans terms, "bonkers" letters.

 

Do i need to do anything with Court ?

Realised they only have old address .

 

The guidance relating to vunerability and mental health appears irrelavent due to the CCJ having been issued.

 

Not sure my competence to make arguments in person to judge but will after getting SAR info from MBNA and AGG ( if you advise dx100uk )

Any monies (pennies or at most

Or postage stamps may have been included , generally 1p stamps. Generally receipt requested.

[dx100uk]

then id say its statute barred

[HateBanks]

ok thank you very much indeed,

i hope THEY have copies of corresp in the SAR response.

( i am case study of what not to do )

2 avoid taking yr time can i just ask

 

• what if anything i need to do to keep door open for a request to set aside given delay discovering and now awaiting SAR info to support
  - do i need to let court DryFax know what im trying to do
  
• when it comes to request to set aside 244 forms is there a form of words
  
• will i get to present case to judge and if so any guidance here ?
  

 

now have found through search 244 info, I think.

still grateful for answer thoughts on

 

what if anything i need to do to keep door open for a request to set aside gidryven delay discovering and now awaiting SAR info to support

- do i need to let court

DryFax know what im trying to do

 

Back to basics here the CCJ was 29/9/17

I became aware on 10/11/17

Spoke to Court 10/11/17 (they said words to effect "will send to local court)

Received Judgment 10/11/17 - Email from Court.

Spoke to OC 10/11/17 checking last payment

Spoke to OC 10/11/17 checking last payment

SAR OC 10/11/17

 

Concerns *******

Court dont have new address

Do I SAR AGG (Claimant) in hope of evidence regarding payments after SB date

When was the SB date - OC transferred to AGG Jan 2012