Restons / Arrow Global

[TIM50]

they send Notice of Assignment - Deed of Assignment may be requested/demanded later in proceedings later if necessary

No notice or deed of assignment has been sent as far as I can see. No default notice either.

[Diana M]

Just wondering the best way to respond to Arrow's latest correspondence.

Section 78 CCA is for 'information purposes' not 'proof purposes'. Arrow believes it has sent you correct information which is suffice to comply with your request.

Their covering letter implies some of the documents may be reconstituted. The test for 'honesty and accuracy' of those documents would be in court. You can run forensics over them now, but bear in mind they could produce further/better recons if legal proceedings were to be issued, especially if you draw attention to any perceived errors/inaccuracies which they can possibly remedy.

Their letter also says that any further correspondence should be directed to Restons who are managing the account on their behalf so I'm not sure you need to respond to Arrow's latest correspondence.

No doubt Restons will write to you next.

Di

[TIM50]

Section 78 CCA is for 'information purposes' not 'proof purposes'. Arrow believes it has sent you correct information which is suffice to comply with your request.

Their covering letter implies some of the documents may be reconstituted. The test for 'honesty and accuracy' of those documents would be in court. You can run forensics over them now, but bear in mind they could produce further/better recons if legal proceedings were to be issued, especially if you draw attention to any perceived errors/inaccuracies which they can possibly remedy.

Their letter also says that any further correspondence should be directed to Restons who are managing the account on their behalf so I'm not sure you need to respond to Arrow's latest correspondence.

No doubt Restons will write to you next.

Di

Thanks Diana M

I guess, as you would say, it's a case of 'less is more' at this stage. I'll wait to see what Restons come back with and then update here. So looking at things as they are at the moment, it does look like this is likely to go to court then....

They have provided documentation, but not everything that I have asked for (notice/deed of assignment, default notice) which as you say doesn't mean they won't either provide documents later or amend any documentation they have already provided. The documentation they have provided so far does seem to have some flaws.

Just wondering, with the above taken into account, would there be a reasonable chance at fighting this in court? I guess there is still a chance it won't reach that stage.

[TIM50]

Hi all,

Apologies to need to resurrect an old thread. Despite being sent a pre-action letter from Restons in December 2017, followed by what looked like a reconstituted copy of my credit card agreement and some other docs (see earlier pages), I then didn't hear anything more after February 2018.

Fast forward to 2020, I have been informed that Moorcroft Debt Recovery Ltd are now dealing with things (I can't find the exact letter), on behalf of Arrow Global, and it's Moorcraft who are now sending various letters, asking me to make contact.

It would be great to please receive some advice on how I should proceed now? I don't know what happened to the court process that the pre-action letter was supposedly the start of, and why Restons suddenly went quiet / disappeared, despite the fact I was sent various documents before then, in response to my CCA.

This debt supposedly defaulted on 23rd November 2015, according to my credit file, so even though a pre-action letter was sent previously, am I correct in assuming that this hasn't stopped the clock and the debt is due to be statue barred next year?

I have attached one of Moorcroft's recent letters.

Thanks a lot.