Letter of claim from drydensfairfax solicitors acting for arrow global limited

[James1971]

Received a claim? Yes
Issue Date: 1st August 2022

Have you Acknowledged the Claim?: No
Total Amount Claimed : £3000
Claimant’s Name: ARROW GLOBAL LIMITED
Solicitors Firm: DRYDENSFAIRFAX
Original Creditor: SAINSBURYS BANK PLC
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

Credit Card debt which goes back to I think 2005.

I have been paying them £5 a month for many years.

I have other debts and have

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I don't believe so because I have been making payments.

List any letters you have sent (eg: CCA/ CPR ):

Nothing this decade.

Any Other Information or Background Details:

They have sent me a LETTER OF CLAIM and it includes the details they give for the debt:

- The amount owed is £3000 an no charges/interest are being added at this stage
- A statement of the account is attached
- The agreement this debt relates to was entered into between you and Sainsbury's Bank PLC on 10 May 2005 and assigned to Arrow Global Limited on 14th July 2011. A copy of the agreement can be requested using the reply form.

You will note that the following are also attached to this letter:

- An information sheet which sets out the basis for sending you this letter and the options open to you
- A reply form which you must return within the relevant timeframe if you wish to respond
- A financial questionnaire, which you should complete and return if you are making proposals for payment, so that ur client can consider your financial situation when considering the offer.

You will note that you have 30 days to respond to this letter and if you do not, proceedings may be issued against you as set out above.

-----


18th July -
I have a NOTIFICATION OF ACCOUNT TRANSFER TO NEW AGENCY
Transferring my account from Arrow Global to Drysdenfairfax.

21st July -

From Drysdenfairfax Solicitors advising they are instructed by their client, Arrow Global Limited, to obtain repayment or to take appropriate recovery action.

--------------------------

My situation is that I have a number of long standing debts, that I have been paying, some £1 a month, a handful £5 a month for years, decades.

I am on Universal Credit and I am in receipt of Personal Independence Payment, due to extensive debilitating illness. I am considered disabled and unfit to work or seek work.
However for my own mental well being I run a business from home, no more than a couple of hours a day, it does not essentially make a profit. It is a Limited Company, all is declared and accounted for in my Universal Credit returns/payments.

The principle trigger for health is stress, such that it can make me very ill. Therefore I want to avoid stress.

I don't want to go down the route of giving them chapter and verse on my finances, I am quite broke, but running a business can give people the wrong idea, it's also complicated. So if at all possible I'd rather avoid all that.

I have not had a formal payment plan, but I have tried to establish terms with creditors and all of them basically just been ok to take my monthly payments.

Any advice very welcome. I confess I was not able to face this letter, and so some time has passed.

[James1971]

FURTHER INFORMATION:

Going through old records, I find:

I began making £1 monthly payments 21 June 2010.

I have a letter from Blair, Oliver and Scott Limited (Debt Collectors) on behalf of SAINSBURYS BANK stating "We can confirm that your proposal to pay £1.00 per month is acceptable, although this arrangement will be subject to periodic review. This does not limit SAINSBURY'S BANK PLC' contractual right to take money invested in another SAINSBURY's BANK PLC account and set it off against the amount you owe on the account.

Your agreed payments should reach the account no later than the 23rd of each month. Full details of how to make payments are noted below.

THE PAYMENT DETAILS - TO SAINSBURYS BANK THEMSELVES AND REFERENCE (THE CARD NUMBER) ARE STILL THE ONES I AM PAYING TO NOW, EXCEPT THAT I NOW PAY £5. I HAVE PAID THE INCREASED SUM OF £5 SINCE AT LEAST 2ND AUGUST 2011 (I HAVE A STATEMENT FROM ARROW GLOBAL)

11TH APRIL 2013 AFTER SOME CHASING ME, AND ME MAKING AN REVISED OFFER, I HAVE A LETTER CONFIRMING AN ACCEPTED REPAYMENT PLAN OF £5 A MONTH.

NOTE: I have sought to negotiate and settle debts over the years, and this creditor was approached with others. I have cleared some debts too. The last time I tried to negotiate over settling this debt was 2013.

In the time I have been paying off this debt I have cleared approximately one third of it, via the small payments.

[echat11]

Hi James

a) Acknowledging of Service within the first 14 days, that gives you 14 + 14 days, so that 28 days plus 5 for postage (to file your Defence).

This can be done online via MCOL, tick 'you are defending all claims'.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a CCA to DRYDENSFAIRFAX, they have 12 days to respond (keep an eye on that). Make sure you get Proof of Postage

https://legalbeagles.info/library/gu...etter-example/

c) Send a 31.14 request to DRYDENSFAIRFAX they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) You could also send a SAR to SAINSBURY BANK, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

e) When you get the requested information back from their solicitors, then you can complete your Defence (you will already have some information for your Defence) from the example Defence below -

https://legalbeagles.info/library/gu...-court-claims/

Important to get your Defence in on time, work out the due date, write it in your diary, don't leave it until last minute.

[James1971]

Hi James

a) Acknowledging of Service within the first 14 days, that gives you 14 + 14 days, so that 28 days plus 5 for postage (to file your Defence).

This can be done online via MCOL, tick 'you are defending all claims'.

https://legalbeagles.info/library/gu...ledge-a-claim/

I don't think that is the document I have received. This is a Letter of Claim in accordance with Pre-Action for Debt Claims. They are giving me 30 days to respond or proceedings may be issued against me, respond to them not the courts.

[echat11]

I don't think that is the document I have received. This is a Letter of Claim in accordance with Pre-Action for Debt Claims. They are giving me 30 days to respond or proceedings may be issued against me, respond to them not the courts.

O.K., no problem, you can do 3 things, maybe do a, c, and b in that order -

a) Ask them to write off the debt due to your health conditions and the fact that there is 'unlikely' to be any improvements (I'm guessing that is the case). Explain your circumstances. Because you have a Limited Company, they may think there is monies. Make sure you get Proof of Postage.

https://nationaldebtline.org/sample-...rite-off-debt/

b) Fill in an income and expenditure form (take into account the cost of living), if you can only pay £1, so be it, it's not a priority debt.

c) Send them a CCA request, see if they can find a CCA Agreement from 2005, if they can't you can stop payments until they can. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

[James1971]

Two things I note that seem relevant:

1.) I have a copy of a letter confirming a repayment agreement of £5 per month. I am to ensure payment is received by the 23rd of each month,

2.) Their statement of payments is incorrect. They have entered two wrong amounts and wrong dates, making it appear that I have not kept up the agreement. My bank shows differently. It's not just wrong, it's fictitious! I have messaged my bank for them to confirm, but it's there in my statement.

[James1971]

On 22nd August I sent them a letter as follows;

Dear Sir

Without prejudice

I am surprised to receive your letter. Due to ill health I am not able to alway stay on top of correspondence, but I am keen to engage positively.

Some factors I would like to bring to your attention.

1.) I have a long standing repayment agreement of £5 a month which I have honoured (agreement dated April 2013). This agreement replaced an earlier one for £1 a month (dated July 2010).

2.) The statement of account provided with your letter is not accurate. I have confirmed this with my bank and enclose a record of transactions obtained from them covering the same period (attached). I have not failed to comply with the agreement.

3.) I attached 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.

Given that I am continuing to make payments in line with the agreement, I am unclear why a court claim is being considered.


Yours faithfully

I enclosed the £1 fee for CCA.

I also enclosed the reply form ticking BOX C (I don't know whether I owe the debt).


=========================

Today 2nd September I received a hand written envelope sent 2nd class containing my letter, CCA request and fee, reply form etc.

Nothing else was enclosed, no note, no letter, nothing!

What am I to make of this?

[atticus]

I might conclude that your request has not been complied with. Cock-up is of course a possibility, in that a key enclosure might have been intended but omitted.

[James1971]

I might conclude that your request has not been complied with. Cock-up is of course a possibility, in that a key enclosure might have been intended but omitted.

Seems very strange. I'm not sure what, if anything I should do.

[echat11]

A) I would lodge a Complaint with explanation of what's happened.
Explain what you sent under heading SENT.
Explain what you received under heading RECEIVED.

Email this Complaint, you should receive an auto generated confirmation of receipt.

I think it's their way of saying, 'please don't send this to us'.

B) I would be tempted to send it back to them with a covering letter.
Make sure you get Proof of Postage.

[James1971]

A) I would lodge a Complaint with explanation of what's happened.
Explain what you sent under heading SENT.
Explain what you received under heading RECEIVED.

Email this Complaint, you should receive an auto generated confirmation of receipt.

I think it's their way of saying, 'please don't send this to us'.

B) I would be tempted to send it back to them with a covering letter.
Make sure you get Proof of Postage.

Just to check and clarify. I sent them (via Signed For - I have a signature confirming delivery on 24th) the following:

1.) A covering letter which pointed out I have a repayment agreement, their statement of payments being wrong, attaching correct details of payments from my bank and pointing out I had honoured the repayment agreement (not breached it as their statement of payments would suggest). It also said I enclosed a CCA request letter.

2.) The Reply Form that they had requested I complete and return.

3.) CCA Request Letter/payment

They have returned all of this in an envelope with no note or letter, no reply or acknowledgement.

When you say lodge a complaint I'm not sure I understand, with them? The court is not involved yet. This was responding to a pre-action letter and reply form.

So I do I sent it all back to them again with an additional covering letter?

[echat11]

Just to check and clarify. I sent them (via Signed For - I have a signature confirming delivery on 24th) the following:

1.) A covering letter which pointed out I have a repayment agreement, their statement of payments being wrong, attaching correct details of payments from my bank and pointing out I had honoured the repayment agreement (not breached it as their statement of payments would suggest). It also said I enclosed a CCA request letter.

2.) The Reply Form that they had requested I complete and return.

3.) CCA Request Letter/payment

They have returned all of this in an envelope with no note or letter, no reply or acknowledgement.

When you say lodge a complaint I'm not sure I understand, with them? The court is not involved yet. This was responding to a pre-action letter and reply form.

So I do I sent it all back to them again with an additional covering letter?

A) They have returned all of this in an envelope with no note or letter, no reply or acknowledgement. When you say lodge a complaint I'm not sure I understand, with them? The court is not involved yet. This was responding to a pre-action letter and reply form.

Exactly, they have 'ignored' your communication, yet at the same time they are asking you to engage in communications with them. That is a reason to make a Formal Complaint. A in post '10'.

b) So I do I sent it all back to them again with an additional covering letter?

Yes, B in post '10'.

[James1971]

Today I received a letter from Drysdenfairfax, dated 31st August. It says:

Dear Sir

Out client: Arrow Global Limited
Account no......
Balance.......

We refer to the above matter and confirm receipt of your recent correspondence, the content of which has been noted.

Your account has been placed on a temporary hold while we contact our client with details of your query.

We will inform you of the outcome as soon as a response is received from our client.

We trust this is clear. However, if you have any further queries, please do not hesitate to contact our office on ..........

Your faithfully

drydensfairfax solicitors

[echat11]

Today I received a letter from Drysdenfairfax, dated 31st August. It says:

Dear Sir

Out client: Arrow Global Limited
Account no......
Balance.......

We refer to the above matter and confirm receipt of your recent correspondence, the content of which has been noted.

Your account has been placed on a temporary hold while we contact our client with details of your query.

We will inform you of the outcome as soon as a response is received from our client.

We trust this is clear. However, if you have any further queries, please do not hesitate to contact our office on ..........

Your faithfully

drydensfairfax solicitors

The accounts on hold, don't do anything at the moment, wait to see what they send you.

[James1971]

I received a letter from Drysdenfairfax, dated 31st August. It says:

Thank you for your previous request for further information. Unfortunately, our client has been unable to provide a copy of the Credit Agreement at present.

Despite the above, the balance remains due and owing and it is important that the matter is addressed.

For completeness , further information in respect of the debt is provided below:

Original Creditor: Sainsburys Bank PLC
Original Creditor Reference : XXXXXXXXXXXX
Date of account opening: 10/05/2005
Date of default: 16/06/2010
Pre-Instruction Last Payment Amount: 01/04/2022
Pre-Instruction Last Payment Date: £5.00

If the above clarifies matters, we would ask that you now contact us to arrange payment.

If you are experiencing difficulties and unable to pay £2,940.00 by 16 March 2023 please contact us by that date to enable u to understand your circumstances and help you agree a repayment plan that is affordable and sustainable.

The easiest way to contact us........

Yours faithfully,

drydensfairfax
drydensfairfax solictors

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I notice that they got the Last Payment Date and Amount mixed up.

My CCA request was 6 months ago. They first ignored it, sending it back. Then they acknowledged it and said they would pass on the request to their client. Now they say the above.

Should I now cease making payments?

Are they now toothless so to speak?

Any advice very welcome.