Letter of claim from drydensfairfax solicitors acting for arrow global limited

[echat11]

As it stands it is 'unenforceable' until they can find and provide you with a copy of the agreement.

I would stop payments, they are correct in that the debt hasn't gone away, but they can't pursue you through the Courts for the money owed. They can still carry on collection activities, report missed payments to the CRA etc, but as they know, it will be a waste of their time.

[James1971]

As it stands it is 'unenforceable' until they can find and provide you with a copy of the agreement.

I would stop payments, they are correct in that the debt hasn't gone away, but they can't pursue you through the Courts for the money owed. They can still carry on collection activities, report missed payments to the CRA etc, but as they know, it will be a waste of their time.

Thank you. I'm going to cease payments.

[James1971]

I have received the following letter from Drydensfairfax Solictors

Dear Sir

Our Client: Arrow Global Limited
Account Number: xxxxxxxxxx
Oustanding Amount: £2935.00

This is a letter of Claim sent to you in accordance with the Pre-Action Protocol for Debt Claims. It is important that you read and understand the contents of this letter and its attachments.

We are instructed by our client, Arrow Global Limited, in relation to the above debt. If you do nt provide proposals to replay this debt, or respond as otherwise detailed in this letter and its attachments, legal proceedings may be issued against you in the County Court. If such proceed do become necessary, further costs will be incurred for which you may be liable. The proceedings may then result in a County Court Judgement being entered against you which will be registered at the Credit Reference Agencies and is therefore likely to affect your ability to obtain credit in the future.

Full details of the debt are set out below:

* The amount owed is £2935.00 and no surcharges/interest are being added at this stage.
* A statement of account is attached
* The agreement this debt relates to was entered into between you and Sainsburys Bank PLC on 10 May 2005 and assigned to Arrow Global Limited on 14 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 our client can consider you financial situation when considering the offer.

You can contact us via our....................... 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.

Your faithfully

drydensfairfax solicitors

=============================== SOME BACKGROUND ===========================

I had been paying them £5 a month for years, but have never admitted the debt. Then in August 2022 they issued a pre-action request implying I had no arrangement, and enclosing an inaccurate statement. I replied pointing our the inaccuracies and made a formal request for a copy of the Consumer Credit Agreement (22nd August 2022). In September they put things on hold pending a response from their client.

I continued paying £5 a month whilst I awaited a CCA.

It wasn't until March 2023 that I had a proper response to the CCA request, and they dated their response 31st August 2022! They said:

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.

So at that point I ceased making payments.

Now this letter with looks like the same inaccurate financial statement (now very out of date).

[echat11]

Write back to them, you sent the CCA request on 22nd August 2022 (have you got Proof of Postage? if so you could send that).

Tell them the request remains outstanding, they should have provided a copy of the agreement within 12 days of receiving the request. Tell them it is 'outrageous' to receive a response in March 2023, when the request was made on 22nd August 2022.

Add the following to you letter, state that you are 'minded' to lodge a complaint with the FCA regarding their conduct in this matter: Failure to comply

CONC 13.1.6 G02/11/2015RP

1. (1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
2. (2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
3. (3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.
4. (4) The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

Might be an idea to send it Recorded Delivery.

[echat11]

EXC

Can you please restore my post, many thanks.

[James1971]

My reply sent today:

Drydensfairfax Solicitors


Your Ref: XXXXXX

Your Client: Arrow Global Limited

Account Number: XXXXXX

Original Creditor: XXXXXX

Dear Sir,

Without prejudice

I am surprised to receive your letter. You sent me a similar letter dated 1^st August 2022 and have yet to comply with the pre-action protocol:

1.) I sent a CCA request on 22nd August 2022 which you acknowledged in writing on 31^st August 2022. This request remains outstanding, you should have provided a copy of the agreement within 12 days of receiving the request. It was outrageous to receive a response in March 2023, when the request was made on 22nd August 2022. This response stated “Unfortunately, our client has been unable to provide a copy of the Credit Agreement at present”.

2.) The statement of account provided with your letter is not accurate. I confirmed this with my bank and sent you a record of transactions obtained from them covering the same period (attached). This statement is the same statement you sent previously and is out of date (dated 13/07/2022).

I am minded to lodge a complaint with the FCA regarding your conduct in this matter: Failure to comply

CONC 13.1.6 G02/11/2015RP

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

(4) The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.


I therefore enclose copies of my previous response to the pre-action protocol and await your compliance with it.



Yours faithfully,