Arrows and OH's old Tesco Card Debt - no hard copy of default notice?

[marco23]

Hi all, 

the wife had a credit card with Tesco finance of which she failed to make payments on, This around 8 years back, If i remember correct 

Arrow had bought the debt and Moorcroft had negotiated a repayment plan which she maintained over a few years,

Around 4 years ago i on her behalf sent Arrow a prove it letter and they put the account into dispute and suspended the repayment plan

following this they sent a bundle of stuff credit agreement etc,

At the time i had a freind in finance 'sadly no longer with us' who looked through the enclosed paperwork and he came to the conclusion the debt was unenforceable due to there being no hard copy of the default notice and in his words- should you (Arrow) find the hard copy the debt would remain unenforceable as the paperwork has to be given in a prescribed way,

The letter went off to Arrow and nothing from them in 4 years until last week a letter came advising the debt had been assigned to another DCA.

Im wondering the best course of action should this new DCA start collection attempts,

will the new DCA know the debt has been challenged or will it just assume  its one that needs chasing  up,

The debt will become SB in 18 months

[dx100uk]

capquest are still part of the arrows group.....??

or is this resolvecall wanting to collect her doorstep..

.or even dryden fairfax their own internal solicitors...next letter will be a latter of claim that you do not ignore (shame you sent that silly prove it letter..that died 10yrs ago)

i expect they've not sold the debt as you've not received a notice of assignment. so its gone nowhere nothing needs doing..

as for the DN, they dont have to physically send it , just prove one was sent.

but that doesnt mean you start paying again...

[marco23]

Morning, This is from their recent letter-

As Arrow poplar designated activity company own all interest and rights to the credit agreement, they have appointed CAPQUEST Limited as an administer

Also a letter from capquest included to confirm change of ownership of account.

May chuck some light on things should anyone wish to comment

[dx100uk]

has she moved since taking this out or last informing tescos of her correct address?

 

dx

 

[marco23]

No mate we've been in the same house over 30 years

[dx100uk]

ok good

you dont need to do anything then. yours is not the next move

simply ignore everything until/unless they get drydens to send a letter of claim with a reply pack wanting I&E etc.

then comeback here.

when was her last use or payment and

what is the date of the default notice or registered defaulted date that was on her credit file?

[marco23]

Im not to sure of the default date, Nothing adverse has been on her file for a couple of years,

The debt will become SB in 18 months so winding the clock back takes it to around Feb 2019 when the repayment agreement to Moorcroft was terminated by ourselves and no contact since,

at a guess i'd say she was paying Moorcroft for 4 years so the DN was likely served around December 2015 possibly longer

Many thanks for your input DX

Edited August 8, 2023 by dx100uk
unneccessary previous post quote removed

[dx100uk]

good so last payment date +6yrs will be SB date.

 

 

[marco23]

yes from the moorcroft final payment which 'just checked' was jan 15th Jan 2019,

So SB around 15th Jan 25 if calculations are correct,

Think its just a waiting game now

, Il ignore anything that comes in the post unless it falls into the hands of Drydens as you mention above on the thread

Once again many thanks for your input

Edited August 8, 2023 by dx100uk
unneccessary previous post quote removed

[dx100uk]

just type NO NEED TO KEEP HITTING QUOTE!!

 

dx

 

[marco23]

Thanks, just going back with regards to the DN, i have just found a coppy of the letter sent to Arrow which my freind had drafted and it looks like his argument that suggests the debt is unenforceable is due to the DN was not issued in a prescribed  form. i take it that would be the wording?, would this be enough to make a debt unenforceable ?

if you want to read the ful letter let me know and il put it up over the weekend

Edited August 11, 2023 by marco23

[dx100uk]

yes please, 

unless important wording is MISSING the prescribed format argument went out the window 10+yrs ago, and even then it was flaky at best.

i will guess he was reading a very old post/thread/site.?

silly idea to enter into any pointless letter tennis always!