Tweet
Okay thinking aloud as a starting point......(ie. don't just copy paste send as you'll look as daft as they do 
) - considering your aim is to settle at a reduced installment rather than dare them to go to court. You could nick some more technical bits from the previous letter we sent if you wanted but they already know that ( well, should ).
.................................................. ....
Dear Arrow Global
WITHOUT PREJUDICE
Ref: Arrow Global Account reference xxxxxxxxxxxx
Thank you for your letter dated xxxxxx which appears to be a further response to my formal request made pursuant to s.78 Consumer Credit Act 1974 in October 2018. I assume that the letter has been sent to me in error as it refers to my taking enforcement action against my client, and states, by way of reference, that the agreement was "Assigned by Fail".
The letter professes to enclose;
1: A copy of the agreement
2: A copy of the terms and conditions
3: A copy of the Originators Statements
and talks quite a lot about how the High Court and the OFT state that a reconstituted agreement is acceptable.
It confuses me therefore that the Application enclosed with the letter is a single page, illegible photostat of what appears to be the original agreement dated October 1998 - this is exactly the same copy that has been previously sent to me. It continues to be incomplete as it states ( so far as I can make out) "this agreement is subject to the Lloyds Bank mastercard conditions of use as set out overleaf." and those terms are not included. Additionally terms as varied and in force from when the account ended are not included. I consider that you remain in default of my formal request and pursuant to s.78(4) Consumer Credit Act 1974 are unable to enforce the agreement.
Something about PPI being removed from the amount??? ( not sure if you have already claimed it or it was still being paid in those last 6 yrs statements? )
It would be appreciated if you could provide me with a copy of the assignment from Lloyds and a copy of the default / termination notice as required by s.87 Consumer Credit Act.
If you refer to my previous letter, you will see I also expressed similar concerns, in that the letter also stated documents were enclosed which were not. I find it concerning that despite this your latest letter is quite so, well, unprofessional.
In any event, because I do not wish to continue playing letter tennis with you, or your solicitors, in the interests of goodwill, and without any admission of liability, in order to bring this matter to an end, I would be willing to settle this alleged account with a full and final settlement of £xxxxxxxxxxxx payable over xxxxxxxx months with the first payment of £xxxxxxxx to be made on 28th February 2019 and continuing on the same date each month to a final payment of £xxxxx to be made on xxxxxxxxxxxxxx.
As the account stands you are unable to enforce the alleged debt and I have to date received nothing that convinces me you would succeed if you chose to litigate. Any court action will be strongly defended.
) - considering your aim is to settle at a reduced installment rather than dare them to go to court. You could nick some more technical bits from the previous letter we sent if you wanted but they already know that ( well, should )................................................... ....
Dear Arrow Global
WITHOUT PREJUDICE
Ref: Arrow Global Account reference xxxxxxxxxxxx
Thank you for your letter dated xxxxxx which appears to be a further response to my formal request made pursuant to s.78 Consumer Credit Act 1974 in October 2018. I assume that the letter has been sent to me in error as it refers to my taking enforcement action against my client, and states, by way of reference, that the agreement was "Assigned by Fail".
The letter professes to enclose;
1: A copy of the agreement
2: A copy of the terms and conditions
3: A copy of the Originators Statements
and talks quite a lot about how the High Court and the OFT state that a reconstituted agreement is acceptable.
It confuses me therefore that the Application enclosed with the letter is a single page, illegible photostat of what appears to be the original agreement dated October 1998 - this is exactly the same copy that has been previously sent to me. It continues to be incomplete as it states ( so far as I can make out) "this agreement is subject to the Lloyds Bank mastercard conditions of use as set out overleaf." and those terms are not included. Additionally terms as varied and in force from when the account ended are not included. I consider that you remain in default of my formal request and pursuant to s.78(4) Consumer Credit Act 1974 are unable to enforce the agreement.
Something about PPI being removed from the amount??? ( not sure if you have already claimed it or it was still being paid in those last 6 yrs statements? )
It would be appreciated if you could provide me with a copy of the assignment from Lloyds and a copy of the default / termination notice as required by s.87 Consumer Credit Act.
If you refer to my previous letter, you will see I also expressed similar concerns, in that the letter also stated documents were enclosed which were not. I find it concerning that despite this your latest letter is quite so, well, unprofessional.
In any event, because I do not wish to continue playing letter tennis with you, or your solicitors, in the interests of goodwill, and without any admission of liability, in order to bring this matter to an end, I would be willing to settle this alleged account with a full and final settlement of £xxxxxxxxxxxx payable over xxxxxxxx months with the first payment of £xxxxxxxx to be made on 28th February 2019 and continuing on the same date each month to a final payment of £xxxxx to be made on xxxxxxxxxxxxxx.
As the account stands you are unable to enforce the alleged debt and I have to date received nothing that convinces me you would succeed if you chose to litigate. Any court action will be strongly defended.
Comment