dencha v Arrow Global Receivables Management Ltd

[dencha]

New link started from http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80182-dencha-lowell-portfolio-1-a.html

 

CCA request posted today to Arrow Global via Special Delivery (guaranteed).

 

 

 

 

 

11 April 2007

Reference: XXXXXXXXXX

Arrow Global Receivables Management Ltd

57 - 61 Mortimer Street

London

W1W 8HS

Dear Arrow Global Receivables Management Ltd:

Subject: Paragon Personal Finance/Loan

Your letters dated 13/12/2006 and 30/03/2007 are noted.

Consumer Credit Act 1974

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I correspond further on this matter.

You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 – (s.77 (1) for fixed sum credit). I enclose a cheque no. 100680 to the value of £1.00 in payment of the statuary fee. This is not to be applied as any kind of payment to the disputed account.

A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the Consumer Credit Act 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Communication will be in writing only.

Personal visits by Arrow Global Receivables Ltd or its agents are refused.

Yours Sincerely

My Name

[dencha]

No reply from Arrow to CCA request, in fact no communication at all. Defaulted today 30th April and £1.00 cheque not cashed. One month to go.

[dencha]

Nice one Arrow.

 

Put a default on my CRA 3 days after signing for CCA request. Well into one month now.

 

Arrow have been prescribed a dose of Default Removal medicine at the end of this period.

 

Strange they should put a default on a debt that is still being paid to another DCA which started a long time before this forum started.

 

You can guess where my next CCA request will be going.

 

dencha

[steve_butcher]

Dencha

 

I am in the same boat as you with Paragon/Arrow. I have requested both the CCA and deed, but no joy. They have issued me with court papers. Here is my link. http://www.consumeractiongroup.co.uk/forum/general-debt/96300-arrow-global-receivables.html

 

It would also be worth taking a look at this link, laiste seems to know what she is on about. http://www.consumeractiongroup.co.uk/forum/general-debt/73679-illegal-ccj-account-desperate-8.html

 

Just worth noting that on the claim form the date they stipulate is not the date of the agreement I have asked laiste for some advice. They phoned me the day after sending out the court papers saying there were willing to accept a lower monthly repayment.......no chance:x

[dencha]

Thanks for the links Steve.

I have now received an LBA from Copes solicitors. Arrow have not replied to the CCA request and have put a default with the CRA,s which I am presuming they cannot do without the CCA.

 

 

If anyone can help in wording a reply, it would be appreciated.

 

dencha

[make them aktiv runners]

What a professional well informed letter, NOT! How can a solicitor be so unsure of facts - 2nd paragraph says it all.

[dencha]

On their website Cope's solicitors claim they are issuing over 10,000 claims for debt recovery every year. Not that many on this forum.

 

dencha

[steve_butcher]

Wow, funny that is the EXACT same letter they sent to me. I chose to disregard it! When I got the usual chasing phone call I stated that I owed their client no debt, that I had requested and not received the CCA or DOA and that no further discussions would take place until these were provided. I was subsequently issued with a default notice and Court Summons within 7 days of each other. I have filed my defence requesting a stay as I still have not received a copy of the CCA or DOA......funny that!

[dencha]

I think I will approach this in a different way. As they have already put a default with the CRA,s without a default notice, I will send copies of everything to the TS and Information Commissioner with a covering letter to explain what has happened so far.

 

I will then reply to the LBA stating that their client has had plenty of opportunity to supply the CCA etc, but as the statutory time limits had passed files have now been sent to the TS and ICO.

 

See what happens.

 

dencha

[rory32]

Subscribing.

[spiritgirl59]

Subscribing

[dencha]

Thanks to Rory32 I could not resist the temptation. Going out in the morning.

 

 

 

 

 

 

 

XXXXXXXX

XXXXXXXXXX

XXXXX

XXXXXXX

 

 

26 June 2007

Your Ref: XXXXXX

Cope's Solicitors

Unit F

The Courtyard

Alban Park

Hatfield Road

St Albans

AL4 0LA

Dear Cope's,

Subject: Arrow Global Receivables Management

 

 

Thank you for your letter dated 18th June 2007 in which you inform me of your intended legal action.

 

I would however refer you to my letter sent to your client on 11th April 2007, delivered and signed for on the 12th April 2007, Via Special Delivery Guaranteed Next Working Day, in which I requested a true copy of the credit agreement and a true signed copy of the deed of assignment. The statutory fee of £1.00 was included with instructions that the statutory fee was not to be applied in any way to the disputed account. The £1.00 statutory fee cleared my account on the 11th May 2007. Against my instructions the £1.00 fee has been applied to the disputed account.

 

To date your client has failed to acknowledge this request in any way except by cashing the £1.00 statutory fee, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of their legal right to collect on this account.

 

In my letter of the 11th April 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974 – (s77 (1) for fixed sum credit).

 

 

 

 

The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before your client defaulted. If the request is not satisfied after a further calendar month, your client commits a summary offence. These statutory time limits expired on 30th April 2007 and 30th May 2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on 30th April 2007 this account became unenforceable at law.

 

As your client has Failed to comply with a request for a true, signed copy of the said agreement, and other relevant documents mentioned in it, any legal action you pursue will be averred as both Unlawful and Vexatious.

 

Furthermore, I shall counterclaim that any such action constitutes unlawful Harassment.

 

Further, it has come to my attention that your client has registered a Default with the Credit Reference Agencies regarding the disputed account when it appears they do not have the legal right to do so.

 

I take great exception to this Defamation of my character.

 

Please note your client may also consider this letter a statutory notice under Section 10 of the Data Protection Act 1988, to cease processing any data in relation to this account with immediate effect. This means they must remove all information regarding this account from their own internal records and from my records with any credit reference agencies. Should they refuse to comply, they must within 21 days of the date of this letter provide me with a detailed breakdown of their reasoning behind continuing to process my data. It is not sufficient to simply state that they have a ‘legal right’, they must outline their reasoning in this matter and state upon which legislation this reasoning depends.

 

Should they fail to respond within 21 days, I will expect this to mean they agree to remove all such data.

 

Furthermore, they should be aware that a creditor is not permitted to take Any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

 

 

• They may not demand any payment on the account, nor am I obliged to offer any payment to them.
  
• They may not add any further interest or charges to the account.
  
• They may not pass the account to any third party.
  
• They may not register any information in respect of the account with any of the credit reference agencies.
  
• They may not issue a default notice related to the account.

I shall of course report your client’s actions to any such regulatory authorities as I see fit.

 

I trust this clarifies the matter for you.

.

Yours Sincerely,

XXXXXXXXXX

[rory32]

Glad to be of help dencha.

 

Further, it has come to my attention that your client has registered a Default withthe Credit Reference Agencies regarding the disputed accountwhen it appears they do not have the legal right to do so.

 

Just remember to press that "space" bar

[dencha]

Just how it copied from Word to the forum. Looked good in the reply box.

[dencha]

3 pages of post #12 should be sitting on someones desk by 1pm thursday.

 

dencha

[FANTASY CHARGES]

3 pages of post #12 should be sitting on someones desk by 1pm thursday.

 

dencha

 

JUST checking these characters out as noticed the word receivables in the Arrow global name

 

the space london

 

well here is a link to the building you can actually see a flor plan ( little brother bites big brother!!)

we also seem to have

 

Intelligent PR

Public Relations Consultants (Office & Administration) based in the Mortimer Streetarea of London

Tel: 020 71017191

Address: 57-61 Mortimer Street London W1W 8HS

==========

Fashion Fair

Beauty Products (Warehouses Wholesalers) based in the Mortimer Streetarea of London

Tel: 020 71017250

Address: 57-61 Mortimer Street London W1W 8HS

============

Catalysis

Public Relations Consultants (Head Office) based in the Mortimer Streetarea of London

Tel: 020 71017300

Address: The Space, 57-61 Mortimer Street London W1W 8HS

=============

 

very impressed { NOT} am sure they don't rent an "egg box ?" (for 6 workers?)

 

ok back to these jokers

we have asked a question on a similar thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt/96300-arrow-global-receivables.html

 

 

 

WHY is (was) this company sueing you under the name

 

Arrow Global Receivables Management Ltd

if we have used an incorrect name can someone please correct it

 

can someone find out if as we suspect this is a jersey registered company ??

[FANTASY CHARGES]

ok

 

we have

 

Company Name:

 

ARROW GLOBAL RECEIVABLES MANAGEMENT LIMITED

Company No: 05875306

Registered Office:Incorporated: 13/07/200620-22 BEDFORD ROW

LONDON

WC1R 4JS

WC1R 4JS

 

Company Type: Private LimitedReport Status: Full DataAccounts Type: UnknownLatest Accounts to: ?Latest Return to: 13/07/2007

 

 

they are managing the receivables (securisation)

[Docman]

Their reistered office in Bedford Row is actually still the address of the company formation agents. Arrow have probably paid a fee to use it to receive official mail etc but don't want to let anyone know where they are operating from. either that ot they are too lazy to tell Companies House.

[Jdc911]

Hi All, this is the first time I have ever posted on such a site. I am dealing with Arrow Global LLC for my Mum -age 78-for whom I am a carer. She has been paying into a CCCS debt management plan without fail. Arrow sent a claimed assignment, a default and two inviitations to take out a loan with blackandwhite.co.uk -one uses Arrow Global Receivables Management Ltd and the other letter uses a combination of the Arrow letter head with blackand white.co.uk. This was all in July. I have had not had my head in the sand - they were sent details of the CCCS debt management plan and client number. When they requested an updated budget from CCCS in September. She was thus paying into the plan when the letters were received in July they were informed that since my father had just died(September payment, October, Nov-suspended by CCCS) the pensions had stopped and CCCS were at the time wanting to know what the new budget was prior to agreeing it. This was is all logged with CCCS and Arrows new solicitor Mortimer Clarke-who share virtually the same address as Marlin Financial Services-who Arrow in their many guises use for managing a loan. On Tuesday 5 December 2007 I had posted requests(special delivery next day guaranteed) for CCA with a £1 postal order to Arrow Global LLC, Marlin Financial Services and Mortimer Clarker solicitors. The reason I sent a postal order is that CCCS stated they have to cash a postal order where as they can ignore a personal cheque. I specifically wanted the CCA since Alliance and Leicester/MBNA, Arrow Global LLC, Marlin Financial Services and Mortimer Clarke are claiming differing figures! I could not make CCCS understand that the quoted figures are actually going up and down. As in one figure was sent in July and a lower figure in August and these were not the same as the Alliance and Leicester/MBNA were quoting! Court papers arrived today - they have my Mum and a defendant -who is nothing to do with her and lives in Haywards Heath. The court said they have been receiving incorrect paper work from Mortimer Clarke and I need to contact them with regard to this.I would like some help in how to deal with this. Since firstly I do wish to defend this case-but CCCS are offering no help on the defence. I have read on the posts that I need a CCA in the first place. I have sent these special delivery 4 December 2007 to arrive 5 December 2007. Then I wish to complain to trading standards about Arrow Globals LLC desire to have my Mum take out a loan -in the same month as defaulting her -so unfair practice. Then there are the differing figures -with no break down. If the assignment figure is incorrect I am under the impression it is not legal. It says on the Court claim form that the amount was assigned on 6 June 2007 -their letter on 3 July states it was assigned on 9 March 2007 -the court papers show 6 June 2007 for this. It would seem to me that Arrow Global LLC decided from the start that they wanted a charge for this loan-which is far lower at £4647.78 than any other credit card debt she has. She is actually willing to pay the cards off on CCCS agreed plan-but I will not let such a criminal company fleece her! Any help is much appreciated.

[Docman]

This brings up quite a few issues. I'd advise starting your own thread and reposting the text. That way you will probably get more responses and help.

[Jdc911]

Thanks for that docman-I will see how to make a thread and post it

[rory32]

I will see how to make a thread and post it

This link will help tell you to do things like post a thread http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Jdc911]

Hi Rory32,

Thanks for that. I made a thread - Jdc911 vs Arrow Global. I have read some of your posts. Its amazing that it's better to not even sign your name(just print it) when requesting the CCA. I am going to send a request for information under the civil procedures rules-which was inside a thread for a person fighting the egg card. Would it still be worth requesting an SAR from Alliance and Leicester/MBNA I will send it special delivery guranteed next day. It will have some sort of signature from my Mum on it.

 

Thanks again for your help.

Enjoy your day,

 

John

[lufc]

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