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    • If it came from northampton yes.....and yes a copy to the claimants solicitor..do 3 copies ...Court solicitor and your file.   Your Local Court because you are the litigant in the claim against a company.   Andy
    • Thanks HB, much appreciated. Although not prison is a criminal record likely or is it typically a fine?    Yes, first offence.    Does the process take long, just wondering I long I can expect this to hang over me. 
    • So we see the two large and swift Sea level rises  with the earlier one bang on the nose datewise   We see the layout of the world around the straights and Azores circa 10,000 bce   So what else are we looking for   A 'nesos' larger than Libya and Asia   Large fertile plain with a small 'mountain' "Bordering on the sea and extending through the center of the whole island there was a plain, which is said to have been the fairest of all plains and highly fertile; and, moreover, near the plain, over against its center, at a distance of about 50 stades, there stood a mountain that was low on all sides " " all those sweet-scented stuffs which the earth produces now, whether made of roots or herbs or trees, or of liquid gums derived from flowers or fruits. The cultivated fruit [i.e., of the vine] also, and the dry [i.e., corn], which serves us for nutriment, and all the other kinds that we use for our meals--the various species of which are comprehended under the name ‘vegetables’--and all the produce of trees"   Elephants/mammoths - Lots of animals (migration path) " n abundance all the timbers that a forest provides for the labors of carpenters; and of animals it produced a sufficiency, both of tame and wild. Moreover, it contained a very large stock of elephants; for there was an ample food-supply not only for all the other animals which haunt the marshes and lakes and rivers, or the mountains or the plains, but likewise also for this animal, which of its nature is the largest and most voracious. "         Atlas' siblings realm was Facing  Cadiz 'toward' the straights " when he had divided all the island of Atlantis into ten portions, he assigned to the first-born of the eldest sons his mother's dwelling and the allotment surrounding it, which was the largest and best; and him he appointed to be king over the rest, and the others to be rulers, granting to each the rule over many men and a large tract of country. And to all of them he gave names, giving to him that was eldest and king the name after which the whole island was called and the sea spoken of as the Atlantic, because the first king who then reigned had the name of Atlas. And the name of his younger twin-brother, who had for his portion the extremity of the island near the pillars of Herakles up to the part of the country now called Gadeira after the name of that region "     Copper and gold mines the island itself furnished most of the requirements of daily life,--metals, to begin with, both the hard kind and the fusible kind, which are extracted by mining, and also that kind which is now known only by name but was more than a name then, there being mines of it in many places of the island,--I mean orikhalkon (mountain-copper)     autokhthones -       * So its not likely to be a purely coastal area such as the sunken lands off Cadiz are likely to have been   * Its away from the straights past the Gaderius realm   * It has a large plain which seems to be on a migratory path including elephants/mammoths (viable until ... circa 11,000bce)   * It has extensive woods/forests   * It has mines for copper and gold at least          
    • This is a very common situation I'm afraid and the reason why a visit would need to be made (before a payment proposal could be accepted) is outlined under Item 7.3 of the Explanatory Memorandum supporting the Taking Control of Goods Fees Regulations 2014 which states as follows:     http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf      
    • and what reason should i give for choosing my local county court in question D1?
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I'm new here so not sure if I'm posting this in the right place.

I need some advice please regarding two old debts.

 

One is a CCA debt, a loan originally taken out with Sainsbury's Bank well over ten years ago now.

 

We defaulted on this loan around 2008 I think.

Sainsbury's started court proceedings and wanted an order for sale of our house

to which I responded that we had other creditors so it was unfair to them.

 

I got advice from a credit counselling service and she said to offer token payments to all creditors.

 

A few years back we received a letter from Arrow Global saying the Sainsbury's debt had been assigned to them

and for us to send payments to Restons Solicitors

 

we have been paying them token payments, although we have received nothing more since from either Restons or Arrow Global.

 

Surely they are breaching the CCA by not providing six monthly statements?

 

The other debt is an old overdraft with Lloyds Bank

- the token payments are going to Robinson Way but I don't know if Lloyds still own the debt and whether it is just being collected by Robinson Way.

 

Because it's not a CCA I don't know if there's anything I can do to check whether they are authorised to be taking our money.

 

We historically had two credit cards too which we defaulted on in 2008 but these I should imagine are statute barred by now.

 

The reason I am querying the Sainsbury's and Lloyds debts now is that I recently checked with all three of the credit reference agencies and none of them show these two debts.

 

Experian have told me that even though debts do not show on credit reports does not mean they are not owed.

 

I would like to get advice though as to whether I am paying money unnecessarily.

 

I don't trust debt collection agencies to act reasonably and fairly as we have had a lot of harassment in the past.

 

Any advice you can offer would be greatly appreciated.

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I'd certainly stop paying the OD...seems like you are being cash cowed

 

As for the court one....was there a ccj granted?

 

Dx


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of? What does this stand for?

I presume you mean the Lloyds overdraft debt?

 

The Sainsbury's debt when they brought court proceedings I offered token repayments and they withdrew with a court order.

 

I think it was purely a matter of keeping the debt open as it was quite a large amount, around £18,000.

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Sri yes od silly spell checker.

 

So you have not got a ccj?

 

If so I'd send arrows a CCA request could be unenforceable?

 

Have you ever done an sar looking for penalty charges and PPI on the card?

 

Dx


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Thanks - do you have a template for the CCA letter I need to send? I haven't done a SAR for penalty charges and PPI as it wasn't a card, just a normal personal loan.

 

With regard to the overdraft debt, you think I should just stop and see what happens? Robinson Way are pretty aggressive, they write every month to remind me to pay!

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CCA request

sar

 

 

both are click me links!!

 

 

read the full threads first


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Thanks DX, will send a CCA request to Arrow.

 

 

What about the Lloyds overdraft debt?

 

 

You said I should stop paying

but what do I do when Robinson Way writes to chase for non-payment?

 

 

As it's not a CCA, I can't send a CCA request.

 

 

What else can I do?

 

 

Can I just simply ask for any documentation relating to the overdraft?

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it might pay you to sar Lloyds.

 

 

get all the facts

 

 

then you are one up on them.

 

 

prob find all manner of OD charges that if push came to shove

could severely dent any case robbersway might start.

 

 

when the od from?

how long did you have the account?

how big is the debt?

 

 

how much have you paid robbers over the years?

 

 

dx


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Looks like a SAR is pretty expensive, much more than I'm currently giving Robinson Way. I had the account for many years, it was opened back in 1989. Not sure how long ago the overdraft was from but at least 15 years or so. The debt is around £6,500.

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Thank you Old Cogger, that is quite expensive given that I am only paying Robinson Way £2 per month.

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SAR is a complete pack of information they hold on you for £10.00 and they have up to 40 days to supply all the information held on you,

 

it will tell you if you have PPI and charges which you may be able to claim back with interest, Not a permanent monthly payment facility, you may be being cash cowed by them, i.e paying them when you do not have to, send SAR request and find out.


:mad2::-x:jaw::sad:

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Hi there,

 

I have a question I hope somebody can help me with.

 

 

We have been paying a historic debt originally with Sainsbury's Bank,

a personal loan, jointly with my husband.

 

 

The debt itself has since fallen off our credit records.

We stopped paying it briefly and Sainsbury's Bank issued court proceedings.

 

After advice from a debt counselling service we offered a nominal amount of £1 per month and this has been paid ever since.

 

 

A couple of years ago the debt was assigned to Arrow Global who have not provided any statements thus far which I believe they are required to do.

 

We have been paying our £1 per month to Restons Solicitors on behalf of Arrow Global.

I enquired on this forum recently regarding the debt and I was advised to send a CCA request

- Restons have responded that they are not required to provide a CCA as our liability has already been determined

when the Court awarded judgment back in 2009.

 

 

They have sent back our £1 postal order sent with the CCA request

and Arrow Global have sought an urgent review of our circumstances

and want an offer of payment plus a income and expenditure questionnaire returned by 15 December.

 

They have also provided a statement for the period since Arrow Global took the debt over.

Are they correct in their assertion that we are not entitled to a CCA from them?

 

I thought that without a copy of the CCA being provided they were not entitled to collect the money from us.

 

 

Please advise as I am totally confused and don't know where we stand.

 

 

Thanks in advance for any assistance you can provide.

Edited by citizenB
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Restons are correct in that a "new agreement" was formed when the judgment was awarded in the Claimant's favour, however I believe you are still entitled to see a copy of the original agreement.

 

You will need to send your request to the original creditor - Sainsbury's bank, I would think.

 

You MUST continue to pay the £1.00 if this was what the court agreed.

 

Do you still have a copy of the Judgment ? Does it mention the requirement of a review ? If not, then it might be that they need to apply to the court to change the repayment terms of the judgment.


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You are correct in that they are obliged to send you a statement of account and you can ask them for this. I am not sure if they have to provide them monthly, but at the very least a couple of times a year I would have thought.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

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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

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Surely a CCA to Arrow/Restons is still relevant if they now own the debt?

If they can't provide the CCA then surely they are not legally entitled to pursue the money?

 

 

The court judgment was in favour of Sainsbury's though and not Arrow.

 

 

I don't unfortunately have a copy so not sure whether a review is mentioned.

I believe statements are meant to be provided every six months

and this has never happened since the assignment which seems dodgy to me.

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Surely a CCA to Arrow/Restons is still relevant if they now own the debt? If they can't provide the CCA then surely they are not legally entitled to pursue the money? The court judgment was in favour of Sainsbury's though and not Arrow. I don't unfortunately have a copy so not sure whether a review is mentioned. I believe statements are meant to be provided every six months and this has never happened since the assignment which seems dodgy to me.

 

Sorry, no, the Judgment replaced the original agreement. It looks to me as though, having obtained a Judgment against you, Sainsbury then sold/assigned the account to Arrow Global - did you receive a Notice of Assignment ? In which case they are entitled to pursue the debt. However, if the Judgment did not mention a review then pestering you for financial updates might be out of order. I suspect also that they would need to refer back to the court if they want to increase payments and no review was mentioned.

 

Perhaps contact the court and ask for a copy.

 

You could always send a Subject Access Request to Sainsbury - they should have a copy of this.


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Uploading documents to CAG ** Instructions **

 

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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

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id check to see if theyve actually had their name put on the CCJ and not just saying it. Too many times theyve tried to bluff debtors when legally they cant do anything at all. They may own the debt, but if they arent named on the judgement then theres nothing they can do legally to get money from you.


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You need to get a copy of the judgement before proceeding - should give details of who you need to pay how much and more importantly info re a review.

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old and new threads merged.


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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id check to see if theyve actually had their name put on the CCJ and not just saying it. Too many times theyve tried to bluff debtors when legally they cant do anything at all. They may own the debt, but if they arent named on the judgement then theres nothing they can do legally to get money from you.

 

I am not entirely sure that it was an actual CCJ.

 

 

Sainsbury's brought proceedings,

wanted an order for possession on our property

which I argued was unfair to our other creditors

and then they settled for my offer of £1 per month.

 

 

They prepared a court order agreeing to the £1 per month, not sure that is a CCJ?

 

 

If Sainsbury's sold the debt on to Arrow,

are Arrow definitely able to enforce the debt?

 

 

I am getting mixed messages as to whether they can or not.

 

 

Does a notice of assignment from Arrow in 2013 entitle them to pursue the debt?

They do not send six monthly statements,

I understand that to be a breach of the Consumer Credit Act.

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I would suspect there is a judgement

and you did a tomlin/consent order.

 

 

so that negates the need for a CCA

and to send any statements.

 

 

I take it these latest letters have referred to there being a known CCJ from their side?


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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I would suspect there is a judgement

and you did a tomlin/consent order.

 

 

so that negates the need for a CCA

and to send any statements.

 

 

I take it these latest letters have referred to there being a known CCJ from their side?

 

Restons have said "There is no requirement for Arrow Global Limited to provide you with a Credit Agreement as your liability has already been determined when the Court awarded Judgment in this claim (claim number: xxxx)." This Judgment though was in favour of Sainsbury's Bank back in 2009. Do Arrow get the benefit of that Judgment?

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sadly if you automatically/blindly simply changed who you paid

from Sainsbury to restons/arrows without question then yes they do.


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I presume Restons/Arrow can't report the debt and place it back on our reports with the credit reference agencies? It has dropped off of all three agencies as of this year which is very helpful.

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