Arrow Global and Reston Claim Form !

[charitynjw]

Re: Arrow Global and Reston Claim Form !

How is it that the law defines it that way but AG (and possibly others?) seem to interpret it differently?
AG can say what it likes.....doesn't mean that they are right, though.
Surely if a court case was to be brought by them then this admission by AG would deem the case to be thrown out?
Probably not.
In my mind this defines SCAM by these so called legitimate collectors or am I missing something else here?

Imho.
s189 'creditor', together with, say, s78 'Duty to give information....'
Creditor has been defined above.
s78

(

1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

So if the creditor receives the request + fee, they must provide the info within the prescribed period, failing which they cannot enforce the agreement until they do comply. [S78(6)].
However, they can report (or continue to report) any default with the credit reference agencies; that has been deemed as not being 'enforcement'.

[Onestepatatime]

Re: Arrow Global and Reston Claim Form !

Sorry Charity I'm perhaps a little thick here? If it's law then surely it's the responsibility of any judge to uphold the law otherwise what's the point?
Or are we saying that realistically the DCA will not let it get before a court, until they can comply, but will continue to report the default for the six years that it can?

[MIKE770]

Re: Arrow Global and Reston Claim Form !

Defaults have to be a true record of events, enforceable or not and recorded allowed. ask your MP why Judges in a lot of cases judge on so called probability and refuse to stick to the letter of the law as laid down in legislation/parliament,

[Amethyst]

Re: Arrow Global and Reston Claim Form !

McGuffick / RBS - http://legalbeagles.info/phillip-mcg...-scotland-plc/
Rules that enforcement of a CCA only covers court action not reporting to Credit Reference Agencies or continuing to chase the debtor for payment.


Also potentially later Grace / Blackhorse - https://consumercreditlitigationandd...-for-the-case/

The clear message coming out of this case is that where a credit agreement is found to be unenforceable or where the parties accept the agreement is unenforceable, the creditor should not seek to argue that the debtor is a defaulter without clarifying that the agreement is unenforceable and if the system cannot support such recording then the Default should not be registered at all.

I think there was another case that went against McGuffick but the name of it escapes me now - [MENTION=551]pt2537[/MENTION] ??

[Angelica]

Re: Arrow Global and Reston Claim Form !

Good evening Folks,
Can I put my defence now even though documents are NOT forthcoming?

Cheers

[Amethyst]

Re: Arrow Global and Reston Claim Form !

Yes you should file your defence before the court deadline ( 28 days from service ).
Example Defence

You might want to include a bit about Arrow's claim not to be creditor.

eg.
s.189 CCA 1974 defines creditor

“creditor” means [F15(except in relation to green deal plans: see instead section 189B(2))] the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

Also Jones v Link Financial Limited, http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html, confirms that the assignee takes responsibility for the statutory compliance with the Consumer Credit Act.

[Angelica]

Re: Arrow Global and Reston Claim Form !

Thanks

[Angelica]

Re: Arrow Global and Reston Claim Form !

Hello All,

Few years ago, i set up an account on Mcol online but was on my old address.

I have tried to change the address, it was virtually impossible. That was why i filed the acknowledgement by post. I register again using the new address and the email says they will send confirmation by post within 7 days but thats not forthcoming.

I rang the court to no avail. Did anyone know how i can modify my address online?

Cheers

[Amethyst]

Re: Arrow Global and Reston Claim Form !

Not sure if it the same for defendants but their claimant guide says this

If you need to edit any of your account details(such as your address), click ‘Edit Registered Details’ on the top right hand side of the screen.

but wouldn't suprise me if that doesn't exist or work.

[Amethyst]

Re: Arrow Global and Reston Claim Form !

Well I take that back, I just tried it with my log in. Do it before logging into the particular claim.

[Angelica]

Re: Arrow Global and Reston Claim Form !

It works.

Thanks

[Amethyst]

Re: Arrow Global and Reston Claim Form !

Marlevarse xxx

[Angelica]

Re: Arrow Global and Reston Claim Form !

Good afternoon,

I got update from them.

They have sent statements covering majority of the time

They also sent an offer letter asking me to withdraw the case while they await the other documentation.

Any hint at this stage?

Cheers

[Angelica]

Hello All, Arrow was unable to give me a copy of the original agreement but have now provided a reconstituted agreement. They buttress this by quoting OFT guideline even quoting a 2009 high court decision stating that a true copy of an agreement does not need exact copy. Please help!

[MIKE770]

@{AMETHYST