Arrows/Reston claimform - old egg loan

[Old Cogger]

Contact ombudsmanman and inform them?

[Koyem]

I have been in contact with the Ombudsman and this is their reply today

 

I was in touch with my contact here at ops support just on Friday who chased Arrow again. I may have to take a view on this soon to decide what the next steps are if we do not hear back imminently. I appreciate your patience and will be in touch again soon

[Old Cogger]

See what happens next

[dx100uk]

open

 

dx

 

[Koyem]

I just want to ask advice with regards to this case.

I have an ombudsman decision and told arrow to deduct the PPI payment made to them and also to pay me compensation for the stress they did to me.

They paid me the compensation and they said that they had deducted the amount October 2020 wherein they had deducted it on my balance.

Last March 2022 I paid my last payment to Drydensfairfox solicitor as they are now the one dealing with my account and not knowingly that I have overpaid already.

I emailed Drydensfairfox to request for a refund but they said that they are waiting for arrow if they can refund me my over payment as this is because of the adjustment and until now Arrow has not responded to Drydensfairfox.

I have informed my adjudicator wherein he also contacted Arrow but did not have any reply.

Would this be not part of the Ombudsman decision?

What else can I do to get my refund?

[dx100uk]

they must abide by the FOS decision.

 

dx

 

[Koyem]

This is the reply of the adjudicator and this is more than a month now

 

I am sorry they have not yet refunded the money. I have not heard back from their either, so I have escalated this with someone in my ops contact support team, I think this should speed things up, I will let you know when I hear back.

[Koyem]

Is there any other way to get my refund because Arrow is just ignoring and according to Ombudsman

. The decision said that Arrow needed to reduce the balance of your outstanding debt by £242.82 and pay £55 compensation. 

because it was now overpayment this is not part of the decision, but my argument is I over paid because the adjustment was only done lately so my balance was adjust until I over paid Drydensfairfox

Can I do this in small claim and If I can what is the process? Thanks

[AndyOrch]

Quote

I am sorry they have not yet refunded the money. I have not heard back from their either, so I have escalated this with someone in my ops contact support team, I think this should speed things up, I will let you know when I hear back.

 

Still not had any word from the above ?  Start the court process...... issue a letter of claim

[Koyem]

Ombudsman responded today but nothing because he said that it was not part of the decision.

 

So I would register to Money claim first and fill a form?

[AndyOrch]

No not yet ......just a letter of claim and attach copies of the Ombudsman Decision

 

But before you send it scan redact and post a copy of what you have received today from the ombudsman.

[Koyem]

who should I send the letter to Arrow or Drydensfairfox solicitors who have been dealing with my account at present

is there any link for sample letter of claim?

thanks

[AndyOrch]

Drydensfairfax solicitors and copy in Arrow G...

[Koyem]

Good morning

 

Kindly check if my letter of claim if ok now to send thanks 

XXXXXXXXX

XXXXXXXXX

XXXXXXX

XXXXXXX

08/08/2022

Drydensfairfox Solicitors

10th Floor, West One, 114 Wellington St, Leeds LS1 1BA

 

Dear Solicitors

This letter serves as a formal demand for payment of my overpayment in the amount of £148.50. This amount is the overpayment after the adjustment of my account. If my account was adjusted as what Arrow had said that they did last September 2020 then it should have reflected in my balance but this did not happen and I had paid until the last payment as what my remaining balance and not knowing after my final payment that I have already overpaid.

I received a PPI payment from Canada Square, part of this was paid out to Moorgate to pay some of my debt. This debt had actually been sold to Arrow in 2015, so the payment should have been made to Arrow. This took place in 2017.

 

I communicated to Moorgate to transfer the amount of £242.82  to Arrow as they are now the one dealing with my account. Moorgate replied to me that they sent a request to Arrow to adjust my balance on November 2017 but this was ignored by Arrow. Even after communication with then they just denied that there was no payment received. It was only then Arrow started to action when I complained to Ombudsman about this case wherein, they said that they have adjusted my account last September.

 

I emailed your office to continue to chase my refund but according to you that you are still waiting for Arrow response because the overpayment was due to the adjustment.

 

I have also the Ombudsman decision which I will attach with this email. 

 

If I do not receive the total amount of £148.50  by  8^th of July , I will promptly file a claim in  small claims court.

Sincerely,

 

 

[AndyOrch]

Must be Headed Letter of claim in bold you have not CC Arrow Global and we are still waiting for you to redact and upload the decision from the Ombudsman.

[Koyem]

Can I send this letter of claim by email. If I can I will CC Arrow.

Here is the Ombudsman decision. Arrow did not sent me statement showing the adjustment

Final decision

Complaint by: xxxxxxxxxxx

Referred to as: Mr L

Complaint about: Arrow Global Limited

Complaint reference: xxxxxxxxxxx

Date of decision: 30 March 2022

The complaint

Mr L complains that Arrow Global Limited didn’t apply a Payment Protection Insurance (PPI) refund to the outstanding balance of a debt.

What happened In November 2015 Arrow purchased a debt in Mr L’s name from another business (I). Mr L went on to make a successful PPI complaint and was awarded £242.82. I says it contacted Arrow to reduce the outstanding balance on several occasions going back to 2017. Despite requests by I, Mr L says Arrow has failed to reduce the outstanding balance.

Mr L referred his complaint about Arrow to us and it was passed to an investigator. They upheld Mr L’s complaint and recommended that Arrow reduce the outstanding balance by £242.82 and pay him £55 for the distress and inconvenience caused. Despite several follow up requests, the investigator didn’t hear back from Arrow. As a result, Mr L’s complaint has been passed to me.

What I’ve decided – and why I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint.

Our investigator upheld Mr L’s complaint as they thought Arrow had failed to show it had applied the PPI refund to the outstanding balance. They thought it was more likely than not that the restructure of Mr L’s account required hadn’t taken place. It should be reasonably clear whether the PPI refund was applied but Arrow hasn’t sent evidence to show that.

It’s clear there has been a reasonable degree of back and forth between Arrow and I concerning this matter over the years. The contact notes indicate I first got in touch in 2017 to request a balance reduction. Arrow’s contact notes show it received contact from I in September 2020 but I haven’t seen any evidence to support its claim the debt was then reduced by £242.82.

As Arrow hasn’t responded to the investigator’s view and I haven’t seen evidence to verify its claim it acted on I’s instructions, I’m going to uphold Mr L’s complaint. I can see the issue has cause some distress and inconvenience to Mr L, so I’m also awarding £55 to reflect that.

 

My final decision -

My decision is that I uphold Mr L’s complaint and direct Arrow Global Limited to settle as follows

- If it hasn’t done so already, Arrow should reduce the outstanding balance of Mr L’s debt by £242.82 - Pay Mr L £55 for the distress and inconvenience caused

On settlement of the complaint, Arrow should provide Mr L with an up to date statement of his account showing the reduction in the outstanding balance. Under the rules of the Financial Ombudsman Service, I’m required to ask Mr L to accept or reject my decision before 27 April 2022

 

 

[AndyOrch]

Thank you...yes you can email it but i would also advocate you send a hard copy also...you need to add at the end a time frame you expect a response 10/14 days

[Koyem]

thank you I will email this now and will send by post tomorrow

[Koyem]

Thanks for your advice

 

I receive a letter from Arrow to contact them to process my refund.