Restons / Arrow Global

[TIM50]

Hi all,

I recently received a letter from Restons Solicitors advising that they have been instructed by Arrow Global to seek payment from me regarding a past credit card debt. The total amount is for £9854.32.

The debt was unfortunately accrued during a period of intense personal difficulties. The letter states that it is being 'sent pursuant to the Pre Action Protocol for Debt Claims', and also states that they have instructions to issue a Claim against me in the County Court for the full balance unless I can pay the full balance by 2nd January.

They have also included a copy of a 'recent Statement of Account for the debt'

I would appreciate any advice on how I should respond to this letter.

I don't currently have the means to repay the balance.

Many thanks,

[warwick65]

Re: Restons / Arrow Global

Hi Tim

Were there other forms in with the letter?
I am guessing there was one where you admit/deny the debt etc

If it were me I would send a S78 request to Arrow Global and also ask the solicitors for the agreement , the notice and Deed of assignment and the Default Notice

I suspect that as you have left it so long before doing anything a claim form will probably land on your mat this coming weekend or soon after
[MENTION=87380]Diana M[/MENTION] any thoughts

[Diana M]

Re: Restons / Arrow Global

@Diana M any thoughts

Plenty

I’ll ask the OP some questions and then offer my suggestions.

i agree with you that they may have missed the LBC deadline (30 days) but that doesn’t mean that they don’t have a Defence to any court claim.

Di

[TIM50]

Re: Restons / Arrow Global

Thank you both.

@Warwick - There was also a form in the envelope. I have attached below.

Yeah, it's a shame that I didn't see this letter earlier. It was sent to the address we used to live at (parent's address) and unfortunately, the letter wasn't passed onto me until recently.

@Diana M - Look forward to hearing your questions. I will try to answer as best as I can.

This letter is a real worry due to the debt being quite large and I'm just hoping that it can be defended somehow.

My fear is that it can't be for whatever reason and I am then left with no option but regular instalments for many years, and I guess the debt would also not leave my credit file after 6 years.

I have no intention of ever using another credit card / overdraft, but it would be nice to have a clean credit file after 6 years, and subsequently a better chance of applying for a mortgage.

EDIT: I just want to add that I am so glad to have found this site last year (in relation to another alleged debt with Restons/Arrow). Just knowing that there are people out there who are willing to help really does ease the burden that comes when you receive these kind of letters due to having past debts, which were often a result of extreme difficulties at the time.

[Amethyst]

Re: Restons / Arrow Global

As that letter was dated the 1st December you might be okay getting a response in now, that you are seeking advice and require copies of documents, this should hold up any claim being issued. You have only just passed the 30 day deadline to reply and it's been Christmas holidays.

Additionally you should inform them that you have changed address so that any claim issued is at your correct address and doesn't result in a default judgment simply because you don't manage to pick it up from your parents within the 14 days allowed to get acknowledgment in.

If it were me I would send a S78 request to Arrow Global and also ask the solicitors for the agreement , the notice and Deed of assignment and the Default Notice

Indeed, get a s.78 request off separately ( see green links at top of this page for CCA Request ) and on the form ask for copies of documents - the agreement and terms, a list of transactions to show how the amount they are claiming has been calculated ( that statement of account they have sent is pretty pointless), notice of assignment ( as presumably IF one was sent it went to your parents address too, and a copy of the Default Notice ) - you can do that in Box I of the form. There's some discussion around the new pre action protocols here -> http://legalbeagles.info/forums/foru...-Before-Action - I will move your thread to there You could always seek advice from CAB ( which adds to delay of any court claim being issued ) - you don't have to take their advice but making an appointment might be beneficial.

To have your credit file clean you do need to get this sorted out without a CCJ being obtained against you - that would just put you back another 6 years. So gather information now to look at whether you have a defence to the claim then you can decide if you want to enter into any kind of negotiation to settle the debt or let them try the court route and defend the claim.

A subject access request sent to the original credit card company would be helpful too ( again see links at the top of the pafe )

[warwick65]

Re: Restons / Arrow Global

I think the first letter you have shows just how duplicitous Restons are. Isn't it nice of them not to add interest and charges to the debt ? Well maybe it is because that way they think they can keep it in the small claims track and avoid hefty legal costs if (when) they lose

[Diana M]

Re: Restons / Arrow Global

@Diana M - Look forward to hearing your questions. I will try to answer as best as I can.

This letter is a real worry due to the debt being quite large and I'm just hoping that it can be defended somehow.

Before suggesting how you should respond to the LBC it would help to have some basic facts to establish any potential Defence.

You've upload two pages but I can't see Section 1 Box C and/or Box D. Was that page missing from the envelope you were sent?

Box D is where you can tick to say you dispute the debt and Box C allows you to ask them to produce documents such as the credit agreement, the Default Notice, the Notice and Deed of Assignment.

A couple of questions: when (what year) did you open the credit card account regardless of what Restons state in their letter, and is the debt owner Arrow Global Ltd or Arrow Global (Guernsey) Ltd which is unlicensed (or any other business in the Arrow Group)?

If a claim is issued you have 19 days from the claim Issue Date to file an Acknowledgement of Service where if you tick the box saying you intend to defend all of the claim you will have 33 days (from the claim Issue Date) to file a Defence - so there's time to do your research.

Here's the Letter Before Claim process explained in Plain English > https://debtcamel.co.uk/letter-before-claim-ccj/

Di

[TIM50]

Re: Restons / Arrow Global

Hi Diana M

Sorry.. Section 1 Box C and D were on the back of the first page, so I do have those.

According to my credit file, the account was opened on 21/12/2012, so that matches what Restons have claimed in this case.

The correspondence I have received came from Arrow Global Ltd.

Thanks

[TIM50]

Re: Restons / Arrow Global

as that letter was dated the 1st december you might be okay getting a response in now, that you are seeking advice and require copies of documents, this should hold up any claim being issued. You have only just passed the 30 day deadline to reply and it's been christmas holidays.

Additionally you should inform them that you have changed address so that any claim issued is at your correct address and doesn't result in a default judgment simply because you don't manage to pick it up from your parents within the 14 days allowed to get acknowledgment in.

Thanks Amethyst. Just to clarify.. I should tick Box C to say that 'I don't know whether I owe the debt'. Where should I include the information about the change of address? I have included it in the CCA letter included below. Is this adequate?

You could always seek advice from CAB ( which adds to delay of any court claim being issued ) - you don't have to take their advice but making an appointment might be beneficial.

I will give the CAB a call to try and get an appointment to include on this form. As you say, if I can delay the claim in any way this would be beneficial.

on the form ask for copies of documents - the agreement and terms, a list of transactions to show how the amount they are claiming has been calculated ( that statement of account they have sent is pretty pointless), notice of assignment ( as presumably if one was sent it went to your parents address too, and a copy of the default notice ) - you can do that in box i of the form.

Is the following OK to include in Box I?

1. Accurate copy of the contract including all terms and conditions
2. A list of all transactions to show how the £9854.32 amount has been calculated
3. Copies of any notices of assignment
4. Copies of any relevant deeds of assignment
5. Copy of the default notice

I guess this also depends whether they make allowances for the fact they will receive this form after the 30 day period has passed, and if not I will then be needing to put all of this in a separate letter as part of a court claim.

indeed, get a s.78 request off separately ( see green links at top of this page for cca request )

I will also send off the following CCA request (including my change of address) to Arrow Global, along with a copy sent to Restons.

[my name]
[previous address]

2^nd January 2018

Arrow Global Ltd
12 Booth Street
Manchester
M2 4AW

Dear Sir/Madam

Re:− Account Number:************

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Please note: the address at the top of this letter is my current address. Please send any further correspondence to this address. [previous address] is a previous address.

Yours faithfully,

[my name]

[Amethyst]

Re: Restons / Arrow Global

That all sounds fine to me. Yes to ticking Box C.

I would put details of the address in a accompanying covering letter - something like " I do not acknowledge any debt to your company . Please find enclosed my response to your letter before action dated xx/xx/xxxx and received by me on xx/xx/xxxx. Your letter was addressed to me at a previous address, and has been forwarded on by the current residents, and in the interests of dealing with any issue that may arise, and in order to receive the requested documentation, I would like to inform you that I have not resided at that address since APPROX MONTH/YEAR and all future correspondence should be sent to my current address at; new address "

I'm sure Diana will have further thoughts anyway.

[warwick65]

Re: Restons / Arrow Global

I know its just tactics but why ask them now for a list of transactions that make up the balance , all it does is give them longer to get them. I doubt very much if the lack of them will stop them issuing a claim but if they do issue and then can't get them - well it puts the claim in jeopardy

[Diana M]

Re: Restons / Arrow Global

Where should I include the information about the change of address? I have included it in the CCA letter included below.

. . . . I will also send off the following CCA request (including my change of address) to Arrow Global, along with a copy sent to Restons.

I wouldn't tell them when you moved from your previous address.

If they need to reconstitute any documents (DN, NOA, credit agreement etc) then you'll have given them the information they need to do that (i.e. they'll know where you were/weren't living at the time). .

Don't do their job for them. Let them make mistakes.

Just tell them to note your current address.

Di

[Amethyst]

Re: Restons / Arrow Global

There we are, told you Diana would have some thoughts

[TIM50]

Re: Restons / Arrow Global

Thanks Diana / Amethyst.

I will send a copy of the CCA request to Restons also.

I'm guessing that this should be sent to the Trinity Chambers, 800 Mandarin Court address.

[TIM50]

Re: Restons / Arrow Global

CCA sent to Arrow (copy sent to Restons)
Pre Action form sent to Restons
Covering letter explaining reasons for late response and advising of new address sent to Restons.

I phoned Citizens Advice who advised that I can come in to their drop in on 8/12/17 at 09:45, so I included that appointment in the form also.

I will update when I hear anything back and/or receive a court claim.

Thanks!