Westcot / Rockwell/ Arrow Global help plse

[JammyDodger41]

Hi there,

Apologies if I have posted in the wrong place. If anyone could give me any advise with my situation it would be much appreciated.

I am currently on a DMP with CashFlow which has been working well. An MBNA debt was passed to Arrow Global in January 2012 who have requested I make the agreed payments to Westcot, supplying me with their bank details and a reference number. I have being doing this each month since February for £36.00 . At the end of May I received a letter from Rockwell advising that due to nonpayment Arrow Global had passed my Account to them ( Rockwell) and asked me to contact them. The outstanding balance on the letter from Rockwell was incorrect also. I called Westcot and spoke with them, as the letter stated it had been passed onto Rockwell due to non payment. Westcot are denying receiving any payments from me with the exception of one amount of £36 in February. In the meantime Rockwell keep phoning so I have spoken with them explaining that I wasnt prepared to make payments to them when I had'nt been advised by Westcot or Arrow Global that the account had been passed on and also that I was in dispute with Westcot as to the payments made to them. Rockwell have given me until the 26th June to get things sorted with Westcot and then begin to make payments to them (Rockwell). They have also in the meantime requested a copy of the Cashflow statement and details of all of the disputed payments made to Westcot. I havent done this .

I have just spoken with my bank who confirmed that all paymetns were made and received by WEstcot and they are sending me proof of such. I have also written a letter explaining as such again to Westcot and asking that they send me something in writing confirming that they have no further interest in the Account before I begin making payments to Rockwell and also that they investigate the payments made to them and amend the outstanding Balance. I have not printed or posted this letter as yet ,as I thought it was best to post on here and see if others are in agreement if this is the correct way to handle this. I havent made a June payment to anyone as yet.

I am intending sending a copy of the Westcot letter to Arrow Global as well. I am confused as to whether MBNA has sold the debt onto Arrow Global and they are asking WEstcot / Rockwell to collect from me. Who actually owns my debt now?

Any advise at all would be greatly appreciated.

Thankyou.

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

Ha Ha Thankyou !! I have received a copy of the application form in relation to my other Thread re Arrow and MBNA, just popping over there to update it now. Your thoughts on this one would be appreciated when you have a chance please.

Re: Westcot / Rockwell/ Arrow Global help plse

Just a quick update to say that I have received another letter from Arrow. They state that they are still awaiting the documentation requested and will be in touch if it ever arrives.

I've fixed your post for you. :grin:

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

Just a quick update to say that I have received another letter from Arrow. They state that they are still awaiting the documentation requested and will be in touch as and when it arrives.

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

Thanks again FP . I thought the letter was a bit odd, the bit about not being the creditor seemed very strange to me. It was an MBNA Credit Card . I think it may have been a Platinum account, but it was taken out so long ago and hasnt been used for years, I cant remember much about it to be honest.

[FlamingParrot]

Re: Westcot / Rockwell/ Arrow Global help plse

Letter arrived this morning from Arrow Global. It reads as follows_

"We thank you for your letter dated.... addressed to Moorcroft Debt Recovery and passed for our attentions as assignees of the debt. We acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

We do not accept that we are the creditor as envisaged in the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the originating creditor and will revert in due course.

What a stupid excuse! If they are not the creditor, why are they chasing people for money? When they purchase a debt, they acquire all the rights and DUTIES, which includes the duty to supply information about the alleged debt! :rant:

We confirm that all collection activity will be suspended pending provision of the documents. "

This is good news, precisely the result we were after! :clap2:

I assume by this that they are requesting the original documents from MBNA.

They are, and that's exactly what they are supposed to do, rather than make up silly arguments about not being the creditor. Depending on what kind of MBNA account this was (over they years they bought accounts from various sources), they may not be able to produce anything at all, as they couldn't in my case! :dance: :dance::dance:

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

Letter arrived this morning from Arrow Global. It reads as follows_

"We thank you for your letter dated.... addressed to Moorcroft Debt Recovery and passed for our attentions as assignees of the debt. We acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

We do not accept that we are the creditor as envisaged in the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the originating creditor and will revert in due course.

We confirm that all collection activity will be suspended pending provision of the documents. "

I assume by this that they are requesting the original documents from MBNA.

I will continue to sit tight .

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

Thankyou again Flaming Parrot, I will be back in touch if I hear anything further.

[FlamingParrot]

Re: Westcot / Rockwell/ Arrow Global help plse

You are correct, you don't need to reply or answer any questions. From the wording above, they seem to be under the impression that YOU may be going to court to have the agreement ruled unenforceable, as was commonplace a few years ago. Otherwise their questions make no sense whatsoever, how can you possibly know what you would be relying upon when you haven't had sight of the document you requested?

They have put collection on hold so it's time for you to sit back and wait for their response. It's out of their hands now, they have to get the documents from the original creditor, who may or may not be able to find anything. :grin:

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

I have today received the following letter in response to my CCA request from Moorcroft. It reads as follows:-

"We duly confirm that we have requested the relevant documentation from your client and one received we will duly forward the same to you. Meanwhile , we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary.

In the meantime however, we believe that it may be of assistance to all parties if we also take this opportunity to ensure that any potential areas of disput are addressed prior to any potential; court action or further investigation. To this end can you provide an indication of information you will be replying upon, when giving evidence tot he court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

Please could you provide this information by return as this will ensure that all areas of possible dispute are identified as quickly as possibly thereby minimizing potential cost and delays."

Do I assume that I just ignore this letter now and wait for the CCA documentation if it arrives. Once again, I have no problem paying the debt but I do dispute the amount hence why Westcott and Rockwell both put the account on hold . Once the amount is rectified I am happy to continue making payments as long as I know I am making them to the correct person.

I assume that I dont need to provide them with the information they are requesting in paragraph two until such time as they provide me with the CCA request ?

Many thanks in advance once again for any advice.

[FlamingParrot]

Re: Westcot / Rockwell/ Arrow Global help plse

Thankyou FP.

You are correct, Im not currently paying anyone. My Credit Report shows that debt is with Arrow now, I did originally pay Westcot until the dispute over missing payments and have paid nothing since. Rockwell did try and collect but then said that the account was on hold until dispute was sorted. Arrow have just ignored all letters.

This is one of the problems associated with paying DCAs, you may not be paying the debt owner but the collection agent, who doesn't always pass everything back to the debt owner. :rant: :mad2:

Should Arrow not advise me that they have now appointed Moorcroft or are they not obliged to do so ?

If the debt had been sold, then a Notice of Assignment (NoA) should have been sent to you, however, in this case it sounds like they have just appointed Moorcr@p as collection agents acting for them, which they are free to do.

I will send the CCA request as suggested and sit back and wait ! Thankyou.

Excellent! :clap2: Just bear in mind you are not likely to get a response within the 14 day timescale due to the number of intermediaries involved. That's perfectly fine, the ball is in their court now.layball:

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

Thankyou FP.

You are correct, Im not currently paying anyone. My Credit Report shows that debt is with Arrow now, I did originally pay Westcot until the dispute over missing payments and have paid nothing since. Rockwell did try and collect but then said that the account was on hold until dispute was sorted. Arrow have just ignored all letters.

Should Arrow not advise me that they have now appointed Moorcroft or are they not obliged to do so ? I will send the CCA request as suggested and sit back and wait ! Thankyou.

[FlamingParrot]

Re: Westcot / Rockwell/ Arrow Global help plse

I have just received a letter with regards to the above Account from Moorcroft . They state that they have been asked by Arrow Global "to take over administration and collection of the account" They ask me to contact whoever I have previously made payments to ie a third party debt management company and ask them to make contact with Moorcroft. I asssume they mean CCCs or similar.

You are not making payments, are you?

Question is, do I just ignore the letter from Moorcroft, send a Prove It letter to them or write to Arrow Global asking whats going on and for confirmation form them as to who they have asked to collect the debt on their behalf and again bringing up the saga of the amount owing ? Or none of the above.

I would say if you haven't sent a CCA request to anyone for this account, now would be the time, as per my post quoted below, which links to a CCA request letter you could send. Send that to Moorcroft, the letter states that if they don't think they are the creditor, it is their duty to pass on the request to the creditor, so you don't have to ask Arrow what's going on, they have appointed Moorcrap to deal with you and you will be asking them to obtain a copy of your agreement. This won't be easy because they'll have to ask Arrow who in turn will have to ask the original creditor (MBNA if I remember correctly). This could take some time and effort and could make them lose the will to live (and collect this debt :grin.

Send the letter by recorded delivery with a PO for £1, sign digitally using a computer font rather than your real signature to be on the safe side. :thumb: They have 14 days to respond, otherwise the account will be unenforceable until they do, and send something compliant.

I would say this is the best thing to do for now, why rock the boat? If you ever hear from Arrow or anyone again, then it would be wise to send a CCA request as noted here :thumb: ---> http://www.legalbeagles.info/forums/showthread.php?38719-Hello-been-reading-loads-but-still-unsure&p=311765#post311765

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

I have just received a letter with regards to the above Account from Moorcroft . They state that they have been asked by Arrow Global "to take over administration and collection of the account" They ask me to contact whoever I have previously made payments to ie a third party debt management company and ask them to make contact with Moorcroft. I asssume they mean CCCs or similar.

The amount they are requesting is incorrect by £216.00 which is the amount I was disputing in the first place way back when with Westcot, this was paid to them and they said they had not received it hence why the account was put on hold in the first place.

Question is, do I just ignore the letter from Moorcroft, send a Prove It letter to them or write to Arrow Global asking whats going on and for confirmation form them as to who they have asked to collect the debt on their behalf and again bringing up the saga of the amount owing ? Or none of the above.

As usual any advice gratefully appreciated please. Thankyou.

[JammyDodger41]

Re: Westcot / Rockwell/ Arrow Global help plse

Great thankyou, I will be in touch if I hear from them!