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    • Hi BankFodder I answered a couple of your quentions, but now that you have confirmed that the info in the email is important I'll use that and call them tomorrow.   If they insist that I didn't confirm that the change of contract would affect me and that the email meant nothing I'll talk to my bank.   I don't want to take up anymore of your time until I get their response tomorrow
    • Thanks again for the replies. For now we have to wait for the court date and hope.    One final question, the NIP notice of the Police sent detailed the speeding prosecution, can the Police / CPS change this?     
    • You're absolutely correct.  I was stopped by an officer who actually looked like a pig.  He tried to give me a verbal NIP but couldn't' quite remember it so helped him out.  (I am an ex Police Officer.)  There was therefore no need for a written follow up.   I did actually guess that he would screw something else up and so it proved.
    • I have looked at your WS and you make some very good points with just a couple of things that would be better moved around.   Under your Sequence of Events  at 4.4 you move on to relevant contracts which needs a sector on its own. Also you should make the point that as the Privacy Note was obviously a Note To Driver, the PCN should not have been sent within 14 days but after 28 days.  This was  an underhand attempt  to thwart PoFA by bringing forward the liability for payment but means instead that they issued an  NTK  which cannot transfer liability to the keeper.   Then move on to Relevant Contract which you have  already quoted the PoFA guidelines. include that there are two property companies included both of which therefore should have signed the deed. In addition the two property companies and VCS should have been  signed by directors and their names and position identified.   The deed also required that the signatures be witnessed and named and should not include any director that had already signed the deed. Furthermore neither property company appears to be the actual land owner.   Strict proof is needed as to who is the landowner and also the link that allows the other two companies to sign on behalf of the land owner. So VCS have no Locus Standi until the landowner is provided and the connection with the two property companies is proved.  Under PoFA their needs to be a contract between the land owner and VCS which governs the behaviour of the motorist. Without that deed, there is no contract with the defendant.   As an aside you may have seen on the boundary map that Headford property described themselves as the "lawful Occupier". This does not necessarily mean that they are the land owners they can be tenants just as easily. https://www.lawinsider.com/dictionary/lawful-occupier I would be inclined to take that definition with you but not include it in your list of documents.   You have already covered points 5 and 6 so there is no need to repeat. And no need to include Bye laws since there are none.   7]  You can delete all of this as you did that now on 4.6 or 4.7 and there is no need to include Excel. They have no signage in the car park and the Privacy Notice doubles up as a notice from excel and vcs but you will notice that only vcs is ticked on the privacy notice. And remove 7.1 as well.   8] you do not know that the first PCN came from excel. I suspect that the mixup on the Privacy Notice caused you to think that and as you threw away that PCN  you are on a sticky wicket accusing them.   On 4.6 you can include that VCS do not have planning permission for their signage and cctv cameras which is a legal requirement under Town and Country {advertisements] Regulations 2007. Without that permission they do not have the right to erect signs nor install cameras which puts them in breach of their COP where you can include Lord Neuberger's thoughts on the right to use the DVLA when they are not compliant even with their COP never mind the Law.   When their WS arrives please post it up so that we can see where they have gone wrong and correct it so the Judge is not misdirected.   By the way, I have seen the VCS contract but not the original PCN. If you have it could you please post it up as there may be other ways in which it does not comply with PoFA.
    • I'm sorry but I asked you a number of questions and you haven't addressed any of them. For us to help you, you would need to give us the information we ask for
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Arrow Global - alleged Monument Default


Geestra
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Hello all,

 

Would appreciate some advice for my friend Ben.

 

He checked his Experian credit file in June 2020 and saw the following Default:

Arrow Global Limited

Credit/Store Card

Balance of £797.00

Account started 10/05/2001

Account Settled 01/12/2015

 

He emailed Experian for details as he didn’t recognise the account.

 

Experian responded saying that Arrow said "Account relates to a Monument Credit Card which the customer took out on 10/05/2001 and defaulted on 01/12/2015. Arrow Global purchased the account on 22/12/2014”.

 

Ben then emailed Arrow to request a CCA and all related documentation for the alleged debt.

They emailed each other back and forth a few times as Arrow asked for his DOB to proceed with communicating via email even though their auto response emails stated that they would respond to him via letter.

 

Arrow then asked him for a reference/account number even though he had explained he had no recollection of any account with them and only had the information provided by Experian so he wrote a stern email to the Complaints Department as he had become frustrated with the situation.

 

Arrow have now responded to this email 7 weeks later with the letter that I have attached to this message.

 

This letter states Ben has 3 accounts with them.

2 of these are not showing on any of his credit reports with Experian, Equifax or TransUnion so I presume they are statute barred.

They have very sneakily mentioned that Ben call into discuss these accounts.

 

The reason Ben needs advice is because in the letter attached,

Arrow have said they will be sending him a cheque for £75.00 for the distress and inconvenience they caused.

 

The letter is still asking him what CCA he is after even though he mentioned Monument in his emails to them

– they continue to cause distress and inconvenience, perhaps he could ask for a higher amount!

 

If Ben were to deposit this cheque into his bank account and claim the funds, would this mean he is accepting he owes the alleged debt for the Monument account?

 

I have told Ben to explain one last time that he wants the CCA and related documentation for the Monument account as he does not recognise it.

 

But I would rather get some expert advice for him regarding the cheque as it is a lot of money especially in this climate but obviously not worth it if it means that he compromises himself.

 

I hope I have explained the situation coherently and apologise for any rambling.

 

Thank you 

 

arrows letter.pdf

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when did he last pay monument anything?

a DCA can't register a default

so the default would have been registered by monument upon sale of the debt or before.

 

does he recognise ANY of these debts?

 

to answer your last bit

cashing he cheque is not admittance to ANYTHING.

 

if the credit taken out resulting in these  debts has not been used/paid by him in 6yrs the debt(s) are statute barred and notging can unbar them, not even a judge.

 

more info on the monument debt please?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Many thanks for your prompt response

 

when did he last pay monument anything?

He has no idea at all 

 

a DCA can't register a default

so the default would have been registered by monument upon sale of the debt or before

The credit report only shows Arrow as a defaulted account, no mention of Monument.

Could Arrow have changed it to their name or if not, does this mean the date of default is before the date that the credit report shows under the Monument account which is 01/12/2015?

 

 does he recognise ANY of these debts?

He has vague recollections of the accounts and also mentioned being on a DMP of some kind some years back which may mean he paid towards the debts?

But he cannot remember!

However only the Monument one is on his credit reports.

 

to answer your last bit

cashing he cheque is not admittance to ANYTHING

Very good, he’s really happy to hear that!

However, should he need to take the issue to the FOS for whatever reason, will claiming the cheque affect his complaint with the FOS?

 

if the credit taken out resulting in these debts has not been used/paid by him in 6yrs the debt(s) are statute barred and notging can unbar them, not even a judge.

I had no idea about the judge not being able to unbar them - wow!

 

more info on the monument debt please?

He cannot remember anything, however:

 

Experian = Last updated 26/06/2016 with Balance £797.00

                                            26/05/2016 with Balance £807.00

                   (perhaps he made a payment via the DMP in 05/2016 resulting in the lower balance the following month)

 

Equifax = Last updated 15/06/2016 with Balance £797.00 and no other data

 

TransUnion = Last updated 21/08/2020 with Balance £807.00 and D for Defaulted since 05/2016

 

All quite confusing

 

Many thanks again

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when a debt buyer buys a debt, their name replaces that of the original creditor on credit files

 

a debt buyer cannot change the defaulted date 

 

once a debt is defaulted it starts a 6yrs clock running which removes the whole account when the defaulted date reaches it's 6th birthday.

 

that doesn't mean the debt is still not p'haps owed, but certainly means it can never comeback on a credit file.

 

i'd get your mate to get in contact with whomever he had the DMP with and send them an sar 

get all the details of everything

then we can plan a way forward.

 

not sure why you keep think cashing a check is admittance or a problem to anyone.

 

in the meantime

dont use email

dont ever speak about debt on the phone

dont enter into any pointless letter tennis.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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