Restons letter before action - all gone quiet

[coming up for air]

Hi
Back in January I received a letter Before Action from Restons regarding a Lloyds Credit Card debt for approx. £6,000 (passed from Lloyds to Arrow to Restons) I sent back the form to Restons stating I needed more info and would like a copy of the CCA, Transfer etc. I also sent request letters to Arrow for the same, and sent a SAR to Lloyds for all my info. Had a letter back from Arrow to say case was on hold while they got docs. I was banking on Lloyds not having a copy of a signed CCA as the card was taken out in 1998. However, in all the info I received from Lloyds last week there is a copy of a signed application form and credit agreement with all my details. My questions is, as Lloyds have this and have sent me a copy, would Arrow / Restons also be able to get this copy? I'm just surprised that as Lloyds obviously do have this and sent it to me so quickly, that Arrow haven't sent it to me and Restons aren't back on my case. All I've had since Feb is a recent statement from Arrow stating the opening / closing balance of the debt for the last year.
Thanks for any thoughts

[warwick65]

Hi

It is quite possible Lloyds will either refuse or just can't be bothered to pass the cca request details to arrow.

Did you send the formal CCA request with the £1 fee to AG ?

If so have they written back saying 'we do not envisage we are the creditor blah blah'

Even if they do get a copy, as it is so old the account may be unenforceable but that's a Judges call to make not mine.

If you didn't send the actual CCA request I think it may be worth sending one now- after all it is only 3 months since you responded.

Diana M


I am assuming this is your original thread http://legalbeagles.info/forums/foru...ction-protocol

Kati could they be merged please

[coming up for air]

Hi
Thanks so much, Yes, I sent the CCA request to Arrow with the £1 fee, and just as you say they responded by returning the fee and saying they weren't the creditor etc etc.

I'd love to think Restons wont pursue this - is there a time limit for them to send me the docs requested or could this just pop back up at any time? I'm losing my nerve a bit - I just dont know whether to sit it out or should I try and negotiate a monthly payment. I really don't want it to go to court or to end up with a CCJ. Anyone have a crystal ball?
Thanks again.

[warwick65]

Well it's good it was sent. I have picked up from the other thread the amount is about 8K so if I were you I would hope for the best but be prepared for the worst. The worst in this case at the moment is a claim. Anything beyond that is just speculation.

If that happens I would also recommend at least getting some free legal advice as to your prospects.

Sadly there is no time limit for them sending documents.

I personally sent my CCA request to lowell 10 months before they issued a claim and they never did respond. Fortunately for me I engaged a solicitor who beat them into submission - well beat them in court - stupid people carried on with a hopeless case and got hit for costs

[coming up for air]

I personally sent my CCA request to lowell 10 months before they issued a claim and they never did respond. Fortunately for me I engaged a solicitor who beat them into submission - well beat them in court - stupid people carried on with a hopeless case and got hit for costs [/QUOTE]

Thank you so much for your reply. Typically over the weekend I received a copy of the CCA from Arrow - I really, really dont want a CCJ so fingers crossed Restons will accept some sort of monthly payment. I know they don't have to accept this and could just proceed with court action. Any pointers as to how I can pursued them to allow this - unfortunately there is no way I can pay off the entire debt in one lump sum.
Thanks again

[Diana M]

I received a copy of the CCA from Arrow - I really, really dont want a CCJ so fingers crossed Restons will accept some sort of monthly payment. I know they don't have to accept this and could just proceed with court action. Any pointers as to how I can pursued them to allow this - unfortunately there is no way I can pay off the entire debt in one lump sum.

I think it would be wise to establish whether the "credit agreement" which has been sent to you by Arrow is enforceable in court before you make an offer to settle.

They haven't issued a claim yet.

If they do issue a claim then this debt is for under £10k so you may have the opportunity to settle this with free telephone Mediation from the court if your prospects of winning are unlikely. Don't rush into any decision until you've been made aware of all your options.

Just because Arrow has sent you 'something' that doesn't mean that the 'something' is compliant. You need a professional opinion on those documents.

We won a case in court last week where the "credit agreement" produced was signed by the Defendant (our client) and completed in their own handwriting but it was fatally flawed in another way so the claim was dismissed with costs ordered against the Claimant

Is the debt owner Arrow Global Ltd or Arrow Global (Guernsey) Ltd which is unlicensed - it matters.

Have you been receiving an annual Notice of Sums in Arrears from Arrow (or Lloyds) since the account was defaulted?

Have you seen any Default Notice?

And so on.

I see you have another thread on this debt which maybe Kati could merge so it's easier to see the full history.

Di