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Unknown Debt & Default Notice

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  • Unknown Debt & Default Notice

    I have learned that arrow global posted a default notice on my credit report - they had never contacted me and have so far provided no information in writing, despite being asked to do so. I have emailed them stating I do not acknowledge the debt and don't even know what their notice refers to.

    Today I spoke on the telephone to someone at Bryan Carter Solicitors who called to offer me an early repayment reduction and that it refered to my debt with Arrow Global. When I said I didn't even know what he was talking about as all my debts were being paid monthly without default and I had never had contact with or from arrow global he stated it referred to a credit card debt from 2003 and I was in default from 2004.

    I don't know anything about this, but he says I acknowledged the debt in 2004. I have nothing that relates to this and so I asked for written proof, since I was working away a lot of the time between 1997 and 2006/7.

    He said paperwork - i.e. the offer of a reduced settlement figure and notice of the assignment of the debt to arrow global were being sent out to me but I should take advantage of the offer and make a deal.

    I refused and said I cannot acknowledge a debt I know nothing about so please send a true copy of the original debt agreement or I will not discuss this with you. He said I could have a copy of the agreement, which did not need to show my signature, but would have to pay £1 for this.

    I said I wanted everything in writing, and had requested no telephone calls or contact other than in writing and he said I was being unreasonable as he had explained everything and covered my points and I was wrong.

    I said I don't accept that - how can a default notice be placed on my report without someone contacting me about the debt first - and I had received no contact.

    He said he would get his manager to deal with me and I should expect a call later today.

    I feel browbeaten and slightly threatened - being told I accepted the debt in 2004, when I have no memory of that and nothing in writing is very worrying.

    Where do I stand and what advice can anyone offer me please.

    I am responsible and do make monthly payments and all debts I have. Can I be made to pay for something I know nothing about?
    Help please, as I worried by all this.:beagle:
    Tags: None

  • #2
    Re: Unknown Debt & Default Notice

    even if you did acknowledge the debt in 2004 it would still be 6 - 7 years old so statute barred
    Bought some tablets today to build my strength up .. cant get the bloody lid off.

    Comment


    • #3
      Re: Unknown Debt & Default Notice

      Sorry to sound dumb but what does that mean - statute barred? Is it because no-one has contacted me reference this debt since 2004? Or is it because ArrowGlobal didn't contact me until now, through bryan carter sols?

      I just have nothing to go on - they mentioned co-op bank and arrow global but I have nothing on either of them!!!

      Just feel under pressure and don't want problems with people bullying me for money.

      Not very with at present, recently lost very close relative (2 wks ago) not sleeping and brain very foggy.

      Comment


      • #4
        Re: Unknown Debt & Default Notice

        "Statute Barred

        A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
        Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970."

        Hope this helps , Enaid x

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        • #5
          Re: Unknown Debt & Default Notice

          Dont communicate by phone with them send a letter clearly stating your position and
          make ref to the sect 40_1 of the administration of justice act as above with your intention to register a complaint with the oft clearly state that you do not owe any of claimed debt
          nor do you have any dealings with those companys making the claim and as such any attempt by them to pursue you by phone letter etc will be in breach of that act also insist that as your not responcible for the debt you wont request a cca request but if they believe you are responcible then they must present you with evidence to justify that believe otherwise the should close your file immediately with no further action and any ill effect on your credit file would be unadvisable and will lead to a further complaint with a view to legal action in the civil court .

          Comment


          • #6
            Re: Unknown Debt & Default Notice

            I came across this thread after reading a post by the OP in another thread.

            Anyway as bryan carter told you the debt was defaulted in 2004 and now arrow have placed a default on your credit file this year, then because it is likely the original creditor placed a default on your file back in 2004, arrows default is not only inaccurate and libellous but they have issued it unlawfully i.e. you can not be defaulted on the same debt twice - Especially when the debt is statuted barred.

            So you also have grounds to take arrow to court for libel aswell as harassment as they are responsible for the actions of companies they employ to chase you and try to get payment from you.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

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            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: Unknown Debt & Default Notice

              Hi
              Just a note regarding “Statute Barred” debts.
              It is not enough for the creditor to say he has contacted you within the period. You must have acknowledged the debt in writing or made a payment.
              Be careful when corresponding, always refer to the” Alleged” debt.
              Peter

              Comment

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