Drydens & Arrow Global chasing old Providian card 'debt'

[Robw757]

Good Evening Everyone

 

I need some advice on an old cc debt that was sold to arrow global over 6 years ago.

 

No payment or acknowledgement has ever been made to arrow.

The last payment to the original creditor was made over 6 years ago.

 

Drydensfairfax are seeking payment or they will take me to court.

 

 

I have said this is statute barred,

however they say arrow issued a default in 2013 so not SB.

 

 

Bearing in mind I have never acknowledged or paid anything to arrow, are they correct in saying this is not statute barred?

 

Thanks

[gregs07]

Trying to spoof you. Ignore everything but claim forms. Will be sb if no payment made in 6yrs never mind default date.

[Bazooka Boo]

Have they told you this in writing or over the phone?

 

Dumb DCA.

 

It matters not when the default was placed on the credit file.

 

Have you checked your CRF?

 

If you're discussing this debt with them on the phone, then STOP.

 

If you have told them it is SB in writing, and they are so foolish as to attempt to take this to court, then they will be laughed out of it.

 

Ignore them, check your credit file, it should be clear, of this debt anyway.

 

The only thing you don't ignore is a court claim, and you have the ultimate defence if they are this foolish!

[Robw757]

I have only spoken to them in writing,

I have checked my CRF and there is a default registered and its shows payments in 2013,

however I can guarantee I have never paid arrow anything so I don't understand what is going on.

 

 

I have been told that arrow are known for registering dodgy defaults?

[Bazooka Boo]

When did you take the card out?

 

When did you last pay anything towards it?

 

Are you saying that the information on your CRF is incorrect?

 

What name is next to the default marker?

 

What payments does it claim are being made?

[Robw757]

The card was taken out in 2001, last payment prob around 2008.

 

It is showing in the closed account section on Clearscore.

 

All it indicates is a missed payment in 2013. It doesn't use the word default. However I know for a fact I have never acknowledged anything to arrow or paid them a penny. So it appears the information is incorrect.

 

Drydens have put the account on hold for 14 days to await my response. They have said that the default date provided by the OC was in 2013, which is within 6 years!

[dx100uk]

a DCA/debt buyer cant default an account

only the OC can..who was?

 

they would have done this upon sale

as AG have now confirmed?

 

you need to complaint to the OC about the late registering of the default

but you might need to SAR them first and get the data?

 

dx

[lookinforinfo]

As your last payment was in 2008 it is possible that either the OC or a DCA knowing that the debt was almost statute barred that they would have written to you for the money.

 

In response you may then have sent CCAs to them and the £1 payment have been set against your account thus appearing to restart the Limitation time.

 

It is not unknown for DCAs to pay a small amount into a debtor's account also to extend the Limitation period.

 

Those are two of the options that exist if your CRef is saying that payments were made in 2013 if you didn't.

 

Without those payments, the Default date is irrelevant.

The Limitation Act starts when there is a breach of contract followed by the first available time the creditor can take you to Court for the breach.

 

The fact that the default notice is so much later is thus irrelevant and Drydensfairfax should be aware of that.

[Robw757]

The original creditor was providian.

 

I have sent a cca request to Drydens and they sent me a photocopy of a signed application form.

 

Arrow global claim a default in 2013 by the OC,

however no payment or acknowledgement has been made in over 6 years so how can this be correct?

 

They have not provided evidence of any payment or acknowledgment within this time.

 

As far as I am aware Providian do not trade in this country anymore so I am not sure how I can get any details of defaults etc.

[Bazooka Boo]

Then ignore them, IMO.

 

It matters not what they do with the stat fee, if they choose to reduce it from the debt owing, that's not your problem, it's the stat fee end of.

 

You've told them it's SB, it's for them to prove it isn't, not for you to prove it is.

 

If all they have done is pluck some random figure and date out of their backside, then let them try and con the judge with that evidence.

 

Ignore them, see if they are foolish enough to issue a summons.

[dx100uk]

go give Barclaycard a ring.

Providian were sold to monument

monument were taken over by Barclaycard.

 

 

can you scan up the agreement please to PDF

 

 

and how long have you been getting letters regarding this debt over the years

[Robw757]

Here is the cca they sent me.

 

The original credit card does not appear on my credit report.

 

 

Drydens claim the original default date provided by the OC is March 2013.

 

 

This is simply not possible as no payment or acknowledgment has been made in over 6 years.

 

My credit report shows the account held by arrow global with that default date, it does not mention the OC.

 

The last payment made to the OC was in January 2010, so I don't believe it took them 3 years to issue a default.

[dx100uk]

that's not a cca return its a postal application form

wheres the rest of the T&C's.

 

a debt buyer name replaces that of the OCwhen the buy a debt

hence the CRA file entry.

 

you can complain to the OC about the late filing of the default

giving them 14 days to resolve it

else off to the ICO

 

so the debt is statute barred anyway tough luck arrows

[Robw757]

thanks for your reply, what should I say to them re the CCA form?

[dx100uk]

nothing

no need to enter pointless letter tennis

they know the score

 

 

dx

[Bazooka Boo]

Ignore the puerile DCA, hammer the CRA as DX says, and demand they sort their inaccurate reporting on your file.