Arrow Global Vanquis

[adam1992]

Hi DX

 

Its never been defaulted

 

I looked through the log of contacts they sent me and there’s nothing there saying so either -  nor any letters in the letters they’ve sent.

 

Vanquis removed it from my credit file last year too. Odd ?

[dx100uk]

well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice 

[adam1992]

Hi DX 

 

So do I just leave this now? 
 

There’s certainly letters missing, I had one from Vanquis about the debt sale in certain. But it’s not in the files.

 

thanks for your assistance so far appreciated 

[dx100uk]

well until/unless arrows reply to your CCA request..

as for the NOA 

the buyer can quite legally send that on the OC's behalf on their letterhead too.

but the debt sale will be noted in the sar as legally it must be.

 

 

[adam1992]

I’ll send a CCA to arrows then.
 

I don’t believe I have done that, do I do this even thought Vanquis have sent me it?

[dx100uk]

what vanquis hold is immaterial keep that to your self.

 

[adam1992]

Ok I’ll send a CCA. Thanks DX for your help. I’ll update when with response

[dx100uk]

open

[adam1992]

Still no response from NCO (confirmed CCA request in August and said they would request details from AW and account would be on hold.

 

Arrows sent this just now..

Feb 20, Doc 1.pdf

[dx100uk]

a debt buyer can't issued a default notice/terminate an agreement under the CCA

ignore them

 

On 21/07/2020 at 18:30, dx100uk said:

well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice 

 

so no CCA return

no default notice issued by the OC.

 

good luck with this lemon debt arrows

 

until or unless they send a letter of claim or a CCa return you can ignore them.

 

 

 

[adam1992]

Hi DX, 

 

Is it worth me contacting Vanquis to default

the account further back?

 

Wouldn’t Arrows become the creditor when assigned and are able to put a default on my credit report from now?

Or if they do can I get that removed?

 

Seems unfair when they’ve yet to respond to my own CCA request they are now taking action. 

[dx100uk]

now go re read my last post...

[adam1992]

I DX I don’t want to appear dim.

 

You’ve stated to ignore them until anything more or a CCA return. I understand that I do.

 

But reading through posts it seems Arrows regularly apply defaults even if incorrect.

 

I just do not want a default on my report in 2021 for another 6 years after for a debt that’s been in issue for almost 3-4 years. 

 

 

[dx100uk]

a debt buyer cannot register a default nor issue a default notice.

[adam1992]

Thanks DX, that puts my mind at ease a little.

 

Do I have any recourse if they do slap a default on my file next month? 

 

Having read a few threads about Arrows they seem to be horrific to deal with and likely to do so -there's other threads where Vanquis have sold debts on without defaulting but they've not been updated that I can see.

[Peterbard]

Sorry Adam for not getting back to you earlier.

 

I am afraid DX is wrong in this.

 

If you are on a DMP, the new owner can, of course record missed payments and defaults on our credit file.

 

It is also true that a debt purchaser, who has undertaken an assignment of the debt from the original creditor can issue a section 87 default notice, and proceed to court action. the latter is not something DCAs do often, but they certainly can.

 

I suspect what DX means is they cannot issue two DN 87s. Which is true, but they can still enforce off the old one if it has not been remedied.

[adam1992]

Thanks I understand now. 

 

So there's nothing reported currently, ever since assignment in 2019, in fact the OC removed it a few months before too.

 

Whats my best option to avoid the default? I can't afford paying it all at once, but being a recent (2014) a CCA is likely to be found. 

 

Should I contact Arrow to see if we can set up the plan again? I uploaded the DN they sent me a few posts above if it helps. My CCA is almost 300 days without being replied too bar a confirmation but don't think that matters in the current situation. 

[dx100uk]

no.

 

await if/when you get a letter of claim.

 

when did you enter into the low repayment to vanquis and they ceased interest?

[adam1992]

Hi DX 

 

My concern here is all my defaults on my file drop next year. If they slap one on a CRA it’s stuck for another 6 years from now.

 

I believe they ceased interest in Feb/Mar 2016 and the agreement started then.
 

£9-10 a month, until they sold it in June/July 2019. That’s a long time

[dx100uk]

the upload you have made is a termination notice not a default notice.

 

 

 

 

 

[adam1992]

I know there's a difference between default notice, and a CRA default, which is the latter I'm concerned with at the moment if that makes sense.

 

It states they will apply a default onto my CRA file. "report your default to credit reference agencies"

[dx100uk]

up the garden path or down a rabbit hole be you falling.

 

a D or reporting a default to a credit reference agency in the monthly status calendar section of your credit file can only be seen by you and the debt owner, it is not a registered defaulted date and cannot be seen by anyone if they do a 'credit search'.

 

only the original creditor can issue a default notice under section 87 of the CCA which results in a recorded defaulted date showing in the summary line status on your credit file.

 

with regard the letter you got from arrows.

it's a termination notice and is total BS.

 

they are a debt buyer and a debt collection agency so saying what they will do is immaterial

they may instruct a dca to chase you...big deal so what..powerless muppets. their other trading name NCO is already on the case.

report a d to your file ...big deal no-one can see it.

 

they are not a creditor so cannot issue a default notice which results in a defaulted date being placed against the A/C.

 

sadly some people use a sledge hammer to crack a nut spouting all manner of twaddle to prove they have far superior knowledge about these things than a dca when there is never a need to go down that rabbit hole.

 

 

 

 

 

 

[adam1992]

Hey Dx

 

Thanks for that I think thats key - if they did and no-one else can see it say if I applied for a new card, or a mortgage that's great. They are void of my CCA request nearly a year later so from what you've said I'm happy to just wait it out now.

 

My main worry was they'll turn around slap a D on my file, and any checks would show a new default in March 2021. I don't think that contradicts what @Peterbard said above either because at the moment there is nothing on any report. 

[dx100uk]

entering a D is not a registered defaulted date via a default notice.

[Peterbard]

Yes addam and you are right too worry.

Firstly you have to appteciate that what is on your credit file has absolutely nothing to do with the requirements oftbe consumer credit act to send a default notice u der section .87 whether one of these has been issued or not has nothing to do with what it says on your file.

Secondly and not wishing to upset anyone specifically. Whilst the form of the report issued to an inquiring creditor is different to what you see on your credit file. It does contain ALL the information that you see. I can tell you this first hand.

sadly the DCACan and often do register a D on your file. If you enter into an agteed plan with the creditor then no default is recorded. However if, down the road you miss a payment  they can. On one missed payment if you had two or more missed payments previously. Or three if you had no previous missed payments. 
 

This is why they tend not to default immediately.. it is a disgrace. You can fight it as being unfair. But really the law needs to be changed.