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jqinfo

Arrow/Reston claimform - M&S Chargecard changed to Credit card

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Thank you Andy, so if they cant prove the case, how do I get it removed from my credit file?

JQ

 

You cant.....its your initial default which remains on your CRAS for 6 years as per the ICO guidelines...nothing to do with court claims or whether they can prove the agreement or not.

 

Only in cases of fraudulent users and identity issues and you can prove categorically this agreement was not yours ..can any data be adjusted or removed.


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So does that mean that even if the contract is one of these swapped cards which may be unenforceable because you have no proper contract they can keep it there?

 

 

If there is no contract, or it is null and void, or whatever happens to it, still they get to keep their default despite it not being a valid contract? JQ

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the default was filed because of the way the credit was administered or not as the case, by you.

 

 

the fact theres no enforceable AGREEMENT under the CCA makes sadly no odds.


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Even if the default occurred with M&S, not Arrow? Clutching at straws now! Lol! 😊

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You have not defaulted with Arrow but M&S the OC...who placed the default.....clutching at thin air :wink:


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But M&S have removed their default and Arrow have applied it in their name? I did not default with Arrow?

JQ

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But M&S have removed their default and Arrow have applied it in their name? I did not default with Arrow?

JQ

 

The agreement is now Arrows they are allowed to switch the name on your CRAS...they are the new legal owners


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Hi folks, sorry for delay, been overwhelmed.

 

I have not received info requested from Arrow, albeit they are asking for payment. As far as I can tell the court is stayed, they haven't applied to reinstate, at least I haven't heard anything, fingers crossed, but how do I proceed from here?

 

Do I just leave it?

 

How long will default be on my credit file, 6 yrs from M&S applying it, or Arrow?

 

If Arrow cannot substantiate the debt, does that mean it is unenforceable and I should investigate that area further?

 

Any thoughts gratefully received. 😊

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ring the court and ask latest info on the case, Arrow will try and unsettle you to give in - just smile and say you know better


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

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6 years from originator not who took over as the date remains the same


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

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Hi folks, sorry for delay, been overwhelmed.

 

I have not received info requested from Arrow, albeit they are asking for payment. As far as I can tell the court is stayed, they haven't applied to reinstate, at least I haven't heard anything, fingers crossed, but how do I proceed from here?

 

Do I just leave it? Yes

 

How long will default be on my credit file, 6 yrs from M&S applying it, or Arrow? M&S

 

If Arrow cannot substantiate the debt, does that mean it is unenforceable (For now until/if they find the paperwork) and I should investigate that area further? What would you intend to do ?

 

Any thoughts gratefully received.

 

Andy


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Thank you folks,

I will ring the court and see what they say and do nothing if it is not being taken further.

 

With regard to being unenforceable via the updated/changed charge card etc,

if it no longer belongs to M&S does that mean I cannot take that stand and say it is not a debt they should have assigned if it was accrued in the way it was?

 

 

Have they done this to others as a tactic to avoid the unenforceability (if it is the case) of debts?

 

❓

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if it ever gor before a judge there are numerous store/charge cards changed to credit card cases to blow it out the water

pers i'd forgwt about it

 

 

the claim is well stayed and will most likely remain that way

Arrows aren't that thick to take this debacle to court once they realise the lemon debt they've blindly litigated upon.

 

 

dx


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UPDATE

 

Over a year later, yesterday I received a letter from Arrow

 

Dear xxx

 

Arrow Global Limited Account xxx

Assigned by M&S a/c no xxx

 

In response to a request for a statement under section77 of the Consumer Credit Act 1974 we enclose:

1. Copy of agreement

2. Statement of account

3. Default notice

4. Default terms and conditions

5. Opening terms and conditions

 

Please now provide your proposal for repayment of your debt. Failure to do so will result in continuation of collection activity, which in this case may include litigation.

 

This account is currently being operated on our behalf by Restons. We will deal with this document request only and all other enquiries should be directed to them.

 

Tel no below to make attangements to pay your account

0800xxx

Opening hours xx

Correspondence address Arrow Global, PO Box 5469, Manchester, M61 0LW

Footer

 

 

To note

1. Is my original agreement for storecard in 1994

2. Is from Sept 2009 to Sept 2015, nothing from 1994 onwards

3. This is dated 06/10/11

4. These are not from the original contract

5. I believe these are those on the back page of the original 1994 contract?

 

Any comments welcomed?

 

Jq

docs1.pdf

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your docs are now in the above post

 

they seems ok to me but if you actually need to do anything is another matter:lol:


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Thank you DX.

Is it not statute barred if default was Oct 2011?

There's no assignment doc?

The original signed doc was for the charge card, not for the credit card, this was switched by M&S without me signing any contract?

I've read so many different things I don't know what to think?

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claimform stops the SB clock.

 

the important thing to remember here is the charge/credit card debacle..thats the winner ..

don't forget the letter they have sent is automated as in they don't know there's already a stayed claim

its simply the std reply that goes out with a CCA return.

 

this aint going nowhere.

 

go enjoy your life


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Simply run through the T&Cs with a fine tooth...you can bet your bottom dollar that they are not connected to the 1994 application which was a store card...the uploaded T&Cs refer to credit card from what I see.and therefore they remain in default of your section 78 request.

 

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.

 

They varied the agreement by switching you from store card to credit card.

 

 

You may find the following judgment of use.....

 

Santander v Diana Mayhew and other similar threads where this occurred.

 

http://www.bbc.co.uk/news/business-17670803

 

 

 

Andy


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Thank you DX, that sounds like a plan, but are they likely to reinstate the court case?

��

 

Thank you Andy, I looked at the link, it looks promising, but it was dated 2012, are there any newer M&S decisions do you know?

 

However, if they do go back to court should I respond by pointing out they have not complied with the section 78?

I suppose it's best not to think/worry about it until I hear from the court & stop stressing unnecessarily!

 

JQ

Edited by dx100uk
merge/quote

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its an automated letter

reston wont know its been sent.


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" but it was dated 2012 "

 

Irrelevant still stands as good law


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Thank you both, I will try to relax until I hear something.

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