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What next?

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  • What next?

    In 2005 I opened a credit card with MBNA (not online).Credit limit £4000 that was later reduced to £1000 when I paid a lump sum off. This was later defaulted and assigned to Brittanica Recoveries and managed by Arden. I sent of a CCA request and got back a recon (they said the original was illegible) . The recon however did not have the PTs . There was a credit agreement without names of either myself or MBNA (pretty hard to read as well) A signature form that must have come off the bottom of an application form , again with bits that were illegible and what look like two sets of T&C's although the second set have default charges set at £0 . Anyway I sent an missing PT's letter along with the usual do not contact me by phone etc. Eventually all went quiet

    Nov 2012 this was assigned to Arrow global so I sent them the this account is in dispute with Brittanica recoveries due to non compliance with a S78 request. They claimed not to be the creditor (I put them right referring them to Jones v Link).

    Finally today (7/9/2013) I have received exactly the same paperwork that I received as a recon from Brittanica although no mention of a recon here.
    Not sure what to do next, wait for moorcrap to contact me asking for money or write back to arrow telling them that what they have sent me is a pile of tosh and wouldn't even satisfy the Carey judgement . There is nothing that links the documents which are illegible anyway.

    Any thoughts please. I can scan and post up what has been sent if needed.

    I have only ever sent one CCA request which was to Brittanica .In the great scheme of things this is a drop in the ocean (£662 out of a total of over £40K)
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  • #2
    Re: What next?

    Originally posted by jon1965 View Post
    In 2005 I opened a credit card with MBNA (not online).Credit limit £4000 that was later reduced to £1000 when I paid a lump sum off. This was later defaulted and assigned to Brittanica Recoveries and managed by Arden. I sent of a CCA request and got back a recon (they said the original was illegible) . The recon however did not have the PTs . There was a credit agreement without names of either myself or MBNA (pretty hard to read as well) A signature form that must have come off the bottom of an application form , again with bits that were illegible and what look like two sets of T&C's although the second set have default charges set at £0 . Anyway I sent an missing PT's letter along with the usual do not contact me by phone etc. Eventually all went quiet

    Nov 2012 this was assigned to Arrow global so I sent them the this account is in dispute with Brittanica recoveries due to non compliance with a S78 request. They claimed not to be the creditor (I put them right referring them to Jones v Link).

    Finally today (7/9/2013) I have received exactly the same paperwork that I received as a recon from Brittanica although no mention of a recon here.
    Not sure what to do next, wait for moorcrap to contact me asking for money or write back to arrow telling them that what they have sent me is a pile of tosh and wouldn't even satisfy the Carey judgement . There is nothing that links the documents which are illegible anyway.

    Any thoughts please. I can scan and post up what has been sent if needed.

    I have only ever sent one CCA request which was to Brittanica .In the great scheme of things this is a drop in the ocean (£662 out of a total of over £40K)
    IF they havent complied then i would suggest you write back to them setting this out Jon, it may be best just to refer to the fact that some documents are illegible as otherwise you may tell them all they need to correct their errors.
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Re: What next?

      Thank you PT. I will compose a letter saying parts of it are illegible.

      Comment


      • #4
        Re: What next?

        Nice letter back from Arrow saying
        we believe the agreement complies with the statute and we intend to pursue payment of the debt.You have remedy available to you by way of applying to the court for the appropriate declaration . In the absence of any such declaration and/or notice of application for the same , we will pursue the action previously advised ,if any
        Quick question though. I CCA'd the previous owners of the debt and what they sent may or may not have been sufficient for a S78 (it was a recon) . When Arrow bought it I wrote saying it was in dispute because the previous owners hadn't complied with the CCA request and there were missing PTs. They then sent me what is very clearly an incomplete and illegible CCA request back. Does this count as non compliance of S78 or if I wanted to rely on that would I need to send an actual CCA request to Arrow? Hope that makes sense

        Comment


        • #5
          Re: What next?

          Originally posted by jon1965 View Post
          Nice letter back from Arrow saying

          Quick question though. I CCA'd the previous owners of the debt and what they sent may or may not have been sufficient for a S78 (it was a recon) . When Arrow bought it I wrote saying it was in dispute because the previous owners hadn't complied with the CCA request and there were missing PTs. They then sent me what is very clearly an incomplete and illegible CCA request back. Does this count as non compliance of S78 or if I wanted to rely on that would I need to send an actual CCA request to Arrow? Hope that makes sense
          Arrow are just debt purchasers so they'd have to obtain the agreement from MBNA, as would the previous owners. Arrow could hardly whip up something completely different!

          Presumably you have sent a letter as suggested by PT, so there's no need to send a new CCA request at this stage. If you hear from Arrow again, do post up.

          Comment

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