Arrows/drydens - 1998 MBNA card debt

[Grub Granny]

I've an outstanding debt now with Capquest which I have been religiously paying £20.00 each month without fail. 

This has gone on now for about 4 years. 

 

When they ask for a copy of my Income & Expenditure I write back to them,

I have requested in writing this is the only means in which i will converse with them,

although they still telephone me and leave messages which i have ignored! 

 

I write and say

"I have reviewed my payments and at this time I am unable to pay you any more than I am currently paying".  

 

I last wrote to them on the 2nd April saying this and I have received a letter from them today dated 10th April stating as

"regrettably they haven't heard from me my account will be sent to their solicitors". 

 

Advice please,

I will add currently I cannot pay any more than what I am currently paying.

[dx100uk]

what is the debt all about please?

why are you blindly paying a powerless dca?

they are NOT bailiffs

 

have you ever sent them A CCA request to check they LEGALLY hold the enforceable paperwork to even demand payment?

 

dx

 

[Grub Granny]

Hi Dx, No I haven't requested anything from them.  I simply didn't know what to do, by paying the £20.00 each month I kept them at bay.  So your advice would be to request a CCA request from them and see what they send me?  It was a credit card debt

[brassnecked]

Who is the debt with and what was the original amount at default?  Crapquest might well have inflated it with spurious naughty fees.

[dx100uk]

credit card debt 

who issued it ?

and when?

is this on your credit file?

what is the defaulted date?
 

[fkofilee]

You cant change the past but you can control the future. 

I would keep any written correspondence you have sent so that if a claim does come through, you have proof that you DID make contact and the claimant failed to respond. 

 

CCA request time... 

[HSBCandMe]

On ‎12‎/‎04‎/‎2019 at 18:28, fkofilee said:

 

 if a claim does come through, you have proof that you DID make contact and the claimant failed to respond. 

 

 

Hi. Does that make a difference in a court claim then?  Ignored efforts to mediate a settlement or payment plan? 

[dx100uk]

Please keep to your own thread

Its doesnt until a pap letter is issued

But you must protect against backdoor ccj's

[Grub Granny]

Sorry I've taken so long to reply I've had IT problems which are now sorted! 

 

To try and answer some of the questions asked above. 

I've just sent off a CCA request but not to Capquest as I've had a letter from Drydens Fairfax saying that Arrow Global are their client and they believe that my current financial circumstances allow me to repay my account over a reduced period. 

They understand that I am currently making payments but do not have a financial arrangement in place.

 

The letter came with a 6 page Income and Expenditure form with a Direct Debit at the end. 

 

I also received a letter the same day from Arrow Global saying the management of my account has been passed to Drydens Fairfax.  I''ve sent the CCA to them. 

 

I am making repayments of £20.00 per month which I have never defaulted on. 

It is a credit card debt from MBNA which has been passed to quite a few DCA's over the years. 

 

The card was taken out round about 1988 all ok, they kept increasing my credit limit until it was approx £16k, I unfortunately kept spending always paying at least the minimum each month. 

 

I paid about £3k off it round about 2015 so they immediately reduced my credit limit to just the amount I owed so I immediately went into charges!

The current balance is just over £13k.  

 

I couldn't sustain the minimum amount so completed an original income and expenditure form and stated I could afford £20.00 per month this was accepted and I've paid this ever since.

 

There are no charges being placed on the account. 

I have never completed any further income and expenditure forms always batting them back saying £20.00 was the maximum I could pay. 

 

Sorry for long post but is there anything else I should be doing right now? 

 

Many thanks

[ericsbrother]

the playing with the credit limit will be a reason for complaint and that will at least get the subsequent charges removed. If the bak has sold the debt on then they will wish tey hadnt as they will have to pay you in cash rather then knocking it off the debt.

have a look through all of the statements and see how much has been added in fees  and then use an interest calculator to see how much they owe you now.

This wont affect any noise the current dca is making but it will make the debt smaller as you will be able to show that the amount was incorrectly calculated and that will shut them up for a while

they have to respond to a CCA inside 14 days so if they ahvent replied with teh correct info you can stop paying them the £20/m until they do

[dx100uk]

retitled and moved to MBNA forum.

 

all those DCA's are part of the came group arrows.

you MUST follow post 2 below and send off the reply attached in post 2

 

 

[Grub Granny]

Many thanks for prompt reply. 

I haven't received a PAP letter from Drydensfairfax as far as I am aware. 

Its just a letter stating they are instructed by their client Arrow Global and understand they have written to me recently as they believe that my current financial circumstances allow me to repay my account over a reduced period. 

I don't know how they know this but if I could have paid more I would have been doing this! 

 

There is enclosed an income and expenditure form, 6 pages for me to fill in ending with a DD instruction. 

I have sent off a CCA request yesterday with the £1.00 Postal Order.

I'm not sure which post and attachment I should be following if any at this stage. 

 

Could you please clarify.  Many thanks

[London1971]

If that's the case, and it's just the DCA it's really none of their business whatsoever to ask for an income and expenditure.  If they haven't replied to your CCA request within 14 days then ignore them, until such a time when or if they send a PAP letter.

[AndyOrch]

" as they believe that my current financial circumstances allow me to repay my account over a reduced period "

 

I have heard it all now.........they must have privileged special connections with your bank to acetain your cash flow ....ignore the numpties and do not return that I&E

 

Andy

[dx100uk]

good it no PAP then.

lets see them get an enforceable agreement for a 1998 MBNA card

NO CHANCE!!

 

you should be able to kiss this debt goodbye soon.

 

dx

 

[Grub Granny]

Morning chaps,

Well things have moved on slightly

 

I sent off the CCA request last week so no reply yet with regards to that

 

i did receive this morning a PAP Letter saying the original credit card was taken out in May 1997 and assigned to Arrow Global on 31st October 2012. 

 

A copy of the agreement can be requested using a reply form. 

They said they attached a statement of account which was a one page letter saying how much I had paid over the last 12 months only. 

 

It also states "legal proceedings may be issued against you in the County Court". 

It gives an info sheet setting out the basis for sending me this letter and a reply form which I must return within the relevant time frame if I wish to respond.

 

The first question on the reply form asks

 

"D you owe this debt"? 

It again attaches a 6 page Income and Expenditure form for me to complete so their client can consider my financial situation and consider my offer. 

 

What should I do next? 

 

Many thanks

[dx100uk]

follow post 2 here carefully

you don't need to rpt the CCA.

 

just state one has been sent and to date the claimant has failed to reply.

[Grub Granny]

Hi

I've read through all the posts in the section you said but I'm still not sure what I should be sending them.  I'm finding it rather confusing at the minute.  I know you must be busy but could you explain exactly what I'm supposed to be sending them.  Thanks

[dx100uk]

for debt covered by the consumer credit act:

 

NOTE ONLY USE THE ATTACHED FORM below

DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!!

DO NOT USE EMAIL

USE ROYAL MAIL 1st class - get free proof of posting from any PO counter

 

box D tick

 

I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation.

 

box I tick

I have requested by way of a cca request the signed agreement from the debt purchaser [CC is attached to this reply form]

 

I also require you to supply the following..

a copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA.

III. details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

  

no need to do the financial statement etc anything else or send anything else bar the above

do NOT give them your phone nor email

PRINT your name

never sign the form

 

staple the £1CCA PO to the CCA request and send it to the debt purchaser

return the completed PAP form below to the solicitors that sent it to you

attain free proof of posting for BOTH at any PO counter

1st class mail will do. recorded is a waste of money

[Grub Granny]

Many thanks it has become clear, I'll get this sorted out tomorrow and sent off.  Could you please confirm 2 things, do I need to send off another £1.00 Postal order and what do I say as to why I am disputing the credit card debt?  Again many thanks

[dx100uk]

there is no fee you've already sent a CCa request

 

 

[Grub Granny]

Many thanks for this, I've printed out the reply form and completed apart from one section, you state " I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation".  I'm not sure what the recommended reason should be, ok they haven't replied to the CCA request yet and I've put that in but is there anything else I should put in that section?

[dx100uk]

yous is the reason already there

[Grub Granny]

Many thanks, I just thought to only list "The debt purchaser has yet to provide any or all of the required documentation" a little sparse but more than happy to stand corrected.  I'll update when I hear from them which I'm sure I will!

[dx100uk]

following a recent cca request..