Arrow Global - statute barred debt from capital 1

[SomeoneSomewhere]

Hi

I have had Arrow Global chasing me over a debt which I have not made a payment on for well over 6 years for an old capital one credit card. I have written to them twice telling them it is statute barred, and both times have had them send me a letter saying capital one tell them it had a payment about 3 years ago so it isn't statute barred. I have challenged them to prove it, as I know it didn't come from me or anyone I know. Both times they have said that they will get copy statements from capital one, but both times have not followed up. So the debt is registered on my credit record, but shouldnt be.

Im guessing this is another tactic from this less than reputable bunch, but what do I do? I have mailed them again telling them to remove the registration of the debt, the default, etc etc but not getting a reply.

What are my rights? What do I do to get this off my credit record and formally end the debt, which isn't enforceable?

thanks for any help!

[miliitant]

Re: Arrow Global - statute barred debt from capital 1

what is the date of the default on your credit file

[SomeoneSomewhere]

Re: Arrow Global - statute barred debt from capital 1

June 2009, assigned to Arrow Global Feb 2011.

[miliitant]

Re: Arrow Global - statute barred debt from capital 1

did you ever get a default notice from capone

[SomeoneSomewhere]

Re: Arrow Global - statute barred debt from capital 1

I couldnt say, its a long time ago, last payment on the account is way way over 6 years ago. Certainly wasnt 2009.

[teaboy2]

Re: Arrow Global - statute barred debt from capital 1

My advise would be to send another letter to Arrow requesting they send you legally certified proof showing that payment came from a bank account registered to you complete with account details and date of transaction and same in the event it was made be card payment. Make it clear that a statement on its own does not prove who paid the balance that they referred to as a payment, or that any payment was indeed made at all. It only proves they are able to admend statements in the same way they are admended to correct incorrect entries.

Give them 14 days to comply and state "If you fail to comply within the stated 14 days from the date of receipt of this letter then you are hereby formally put on notice to cease and desist. This means you are to remove all defaults and notes registered to my credit file in relation to this alleged debt as i shall deem them as libellous, and that you are to cease all attempt to collect this alledged debt. Not only that, you are to delete all data you hold for me connected to this account and you are not permitted to carrying on processing this account or to sell this account when it would only result in myself being harassed yet again for a statuted barred debt by another debt collection company."

Also include "As for the default on my credit file - well its funny how the date the default was entered was over 3 years after last payment was made, and not only that, its strange how the date the default was entered is in close to the date you alledge to have purchased the debt and alleged a payment was made. I therefore believe you have changed the original date of when the default was entered to suit your unlawful intentions, therefore you have unlawfully changed the date f the original default in an unlawful and deliberate attempt to reset the 6 year statuted barred clock. Which would also confirm my opinion, backed up with you twice being unable to prove a payment was made 3 years ago as requested, that said payment does not exist and never did. I remind you therefore of your legal duties in reference to not making false representations on a status of a debt or details related to the account as doing so may be deemed a breach of the fraud act 2006, but is also a clear breach of the OFT debt collection guidlines!"

See what they say to that, as i wouldn't be surprised to see the default removed from your file and for them to not bother you again.

P.s. Send the letter recorded delievery and keep proof of receipt by them.