Hello, been reading loads but still unsure.

[Malakai26]

Re: Hello, been reading loads but still unsure.

Hi, everyone.

Just to keep you updated. Today I received a letter in the post from Wescot, It says

We refer to your recent communication requesting a copy of the credit agreement. This request has been noted and we will be in touch in due course. We can confirm your account has been placed on hold while we look into your request.

I will keep you updated of any further correspondence, but just thought you would like to know.

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

Hi, everyone.

Just to keep you updated. Today I received a letter in the post from Wescot, It says

I will keep you updated of any further correspondence, but just thought you would like to know.

That's a typical template response from Hull Heroes Wetclothes! I got quite a few very bright letters from them, threatening all sorts of nasty things, that was nearly two years ago, they ended up passing the account back to the OC and I haven't heard a peep since January 2012! :bounce::bounce::bounce:

[labman]

Re: Hello, been reading loads but still unsure.

So they should put it on hold. If they can't prove the debt exists, what are they doing trying to collect it?

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

So they should put it on hold. If they can't prove the debt exists, what are they doing trying to collect it?

Behaving like a typical DCA? They are used to people just rolling over and paying without asking questions, as most of us did in the past, before we saw the light!

[Malakai26]

Re: Hello, been reading loads but still unsure.

Hi, I am in desperate need of some new help, I am scared that if I don't get some information before I act, I may mess things up. I will start chronologically to help with order.

I sent a request for a CCA to Wescot Credit Services on 28/01/13, on the 04/02/13 I received a letter back from them saying

We refer to your recent communication requesting a copy of the credit agreement. This request has been noted and we will be in touch in due course. We can confirm your account has been placed on hold while we look into your request.

On the 15/04/13 I received a letter from Arrow Global which said " DEBT OWED TO Arrow Global Guernsey Ltd, Assigned by MBNA. We thank you for your recent letter addressed to Wescot Credit Services and passed to Arrow as assignes of the account in question. We acknowledge your request for documentation pursuant to the Consumer Credict Act 1974. We do not accept rgar we are the creditor as envisaged by 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 creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents"

10/06/13 I received another letter from Arrow "We refer to our previous letter dated 15/04/13 and confirm we still await receipt of copy documentation from the originating creditor. We acknowledge receipt of your request and wish to assure you that this has not been overlooked. Upon receipt of the relevant information, the same will be forwarded with immediate effect. The account will continue to be placed on hold pending documentation"

In the meantime I have continued to pay a token payment of £5 to Virgin every month on the 20th on the original account but I have now received this letter from MBNA. 14/10/2013 "We are inreceipt of a payment from you relating to your MBNA account. I would like to take this opportunity to remind you that the outstanding balance on your MBNA credit card account has been sold to Arrow Global as detailed in our earlier correspondance. On this occasion we have made arrangements for your payment to be transferred to Arrow Global on your behalf. Please ensure that all future payments are made directly to Arrow Global to guarantee that payments are allocated to the account in a timely and accurate manner" It then gives standing order details etc

Here are my concerns, I continued to pay Virgin on the details I held because that in my eyes was who I owed the money to and until I received any other correspondence I didn't want to not pay. MBNA have now passed that money on to Arrow apparently on my behalf, I never authorised this. But if I change the payment details and start paying Arrow Global directly, I am thinking this may start a new contract with them so my forst question is do I now withhold payments completely or continue as I was ignoring the MBNA letter? Should I write to MBNA directly explaining why I am refusing to pay Arrow?

I requested the CCA in January 2013, is there a time limit for them to come up with this information? or should I be doing something else instead of just ignoring them.

Any and all advice very much appreciated, my head is mashed again

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

Here are my concerns, I continued to pay Virgin on the details I held because that in my eyes was who I owed the money to and until I received any other correspondence I didn't want to not pay. MBNA have now passed that money on to Arrow apparently on my behalf, I never authorised this.

They don't need your authorisation to pass on or sell your account.

But if I change the payment details and start paying Arrow Global directly, I am thinking this may start a new contract with them so my forst question is do I now withhold payments completely or continue as I was ignoring the MBNA letter? Should I write to MBNA directly explaining why I am refusing to pay Arrow?

No, it wouldn't start any new contract, debts are routinely sold to debt purchasers without the debtors intervention, unless you were sent a new agreement and agreed to sign it, you wouldn't be entering into any contract just by changing payments. There's no reason to write to MBNA, they have sold the account and written it off as a loss for tax purposes, it's now Arrow's account and they are the ones who can demand payment and/or take action, not MBNA. :nono:

I requested the CCA in January 2013, is there a time limit for them to come up with this information? or should I be doing something else instead of just ignoring them.

Any and all advice very much appreciated, my head is mashed again

They should have come up with it within 14 days so it's long overdue and, by the sounds of it, MBNA are not able to supply them with the goods. It's up to you whether you continue to make payments or not, bearing in mind the statute barred clock won't start till payments are stopped. From what you say above, Arrow have put the account on hold till they can get hold of the documents, which sounds like it won't be possible for them to obtain, in which case the account wouldn't be enforceable in court, just like my own MBNA one which I haven't paid since Jan 2010 and no agreement has been found. :thumb:

[labman]

Re: Hello, been reading loads but still unsure.

Good post FP!:beagle:

I'd just add one bit regarding this comment by Arrow:

We do not accept we are the creditor as envisaged by the above statute.

Malakai26 - the only reason they have said this is they buy portfolios of debts, lots of them at once, some very collectable, some, like yours, more complex for them (or impossible for them possibly). The 'creditor' for the purpose of the CCA request will always be MBNA, as when the debts are sold, very little, if any paperwork is sold with them.

:beagle: :beagle:

[Malakai26]

Re: Hello, been reading loads but still unsure.

I do not feel comfortable paying Arrow due to them not being able to provide me with any documentation. Thank you for your advice, I am assuming that I don't have to do anything else until another letter drops onto my mat

statute barred clock won't start till payments are stopped

Could someone point me in a direction concerning this, as I am not sure what it means.

[labman]

Re: Hello, been reading loads but still unsure.

You state:

I have now received this letter from MBNA. 14/10/2013 "We are inreceipt of a payment from you relating to your MBNA account. I would like to take this opportunity to remind you that the outstanding balance on your MBNA credit card account has been sold to Arrow Global as detailed in our earlier correspondance. On this occasion we have made arrangements for your payment to be transferred to Arrow Global on your behalf. Please ensure that all future payments are made directly to Arrow Global to guarantee that payments are allocated to the account in a timely and accurate manner"

The highlighted part would indicate Arrow own the debt, they are now the equivalent of MBNA - it's what is called an Absolute Assignment. However, the debt is not enforceable in a court of law without an agreement, and if Arrow can't supply one, there's not a lot they can do (not quite true, but near enough).

If you don't want to pay them, don't. The Statute Barred clock will start ticking, and if they do come up with an agreement, then you can sort out a repayment plan.

I hope that makes sense.

[Malakai26]

Re: Hello, been reading loads but still unsure.

Well things have changed so much in one day, I received 2 letters today but first I will concentrate on the Arrow letter which reads "Debt Owed to Arrow Global Guernsey Limited. Assigned by MBNA. In response to a request for copy documentation under section 78 of the Consumer Credit Act 1974, we enclose: 1. A Copy of the Agreement; 2. A copy of the terms & condtions; We confirm: a. The total sum paid is £48.00 b. The total sum outstanding is £1,708.67; and c. The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you; This account is currently being operated on our behalf by Wescot. We will deal with this document request only and all other enquires should be directed to them.

So they have now provided me with a copy of the CCA agreement and it seems they are now going to start action against me! Feeling very scared now. The agreement is dated 06/01/03 and I have noted that there is or was PPI on it, My questions I suppose are what can I do now. Will I be able to request a refund of PPI and if so who would I send the request to, and how do I do that? Also what should I do in response to the letter, should I send a new token offer letter? The letter indicates that they are planning on adding interest and costs, can I stop these?

Amazing how one day can change everything

[labman]

Re: Hello, been reading loads but still unsure.

Can you post a copy of the agreement AND Terms and Conditions up, ensuring ALL personally identifying information is removed, including reference numbers, barcodes etc... Any sent should be posted up if possible - often nowadays it is as fast to photograph them using a mobile than scan them - up to you obviously. We can then get someone qualified to look at the agreement to see whether, in their opinion, it would be enforceable or not.

That's the first obvious step to take.

If you want to do something else alongside that, complete an Income and Expenditure form - National Debtline has a good one (LINK) - you need Section 3. This will give you the amount of disposable income you have from which you can make an offer, or someone can do this on your behalf.

If you have other debts, now would be a very good time to tackle them. Do you?

Hope this helps. :beagle:

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

I do not feel comfortable paying Arrow due to them not being able to provide me with any documentation. Thank you for your advice, I am assuming that I don't have to do anything else until another letter drops onto my mat

statute barred clock won't start till payments are stopped

Could someone point me in a direction concerning this, as I am not sure what it means.

It means a debt cannot be collected through the courts when there's been no payments or written acknowledgment for at least 6 years (5 in Scotland). As long as you are making payments, the 6 year period won't start. :clock:

See this for reference: http://www.nationaldebtline.co.uk/en...limitation_act

[Malakai26]

Re: Hello, been reading loads but still unsure.

I can get my partner to scan the documents tomorrow, and then I can upload them, do I upload them on this link?

I have 3 debts...

1) NRAM I owe £7,486. I received a letter from them today also saying that as of the 28th October they have agreed to sell my loan to Marlin Europe V Limited, which has come as a bit of a shock also.
2) Halifax I owe £7,130 they passed it to Blair Oliver and Stone Ltd but this one still seems to be owned by Halifax
3) Virgin/MBNA/Arrow £1,708.

I am unemployed, I have no rights to any benefits because my partner earns more than the limit. He gives me £110 pw for Housekeeping ie paying the mortgage, water etc This money just about covers the bills and leaves me with no dispensable income. I offered them all £1 token payments at the beginning but I have managed to increase this to £5. I really can't go any further than this, but my partner has now offered to lend me some money to make offers on the debts I owe, he can't give me the full amounts and is looking to give me 5k which is a lot less than what I owe. This offer is only based on the fact that they accept and close said accounts, but I don't know if this will be enough to do that.

Thank you for your help.

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

Well things have changed so much in one day, I received 2 letters today but first I will concentrate on the Arrow letter which reads "Debt Owed to Arrow Global Guernsey Limited. Assigned by MBNA. In response to a request for copy documentation under section 78 of the Consumer Credit Act 1974, we enclose: 1. A Copy of the Agreement; 2. A copy of the terms & condtions; We confirm: a. The total sum paid is £48.00 b. The total sum outstanding is £1,708.67; and c. The amounts which will become payable comprise interest and costs, depending on what enforcement action is taken against you; This account is currently being operated on our behalf by Wescot. We will deal with this document request only and all other enquires should be directed to them.

So they have now provided me with a copy of the CCA agreement and it seems they are now going to start action against me! Feeling very scared now.

No need to be scared, it may seem like a lot of money but there are a lot of us who owe much more than that, yet haven't paid anything for years. :thumb:

There is nothing in the text above that suggests immediate action. :nono:

The agreement is dated 06/01/03 and I have noted that there is or was PPI on it, My questions I suppose are what can I do now. Will I be able to request a refund of PPI and if so who would I send the request to, and how do I do that?

Also what should I do in response to the letter, should I send a new token offer letter? The letter indicates that they are planning on adding interest and costs, can I stop these?
Amazing how one day can change everything

Don't do anything until you've posted the documents and we've had a look at them. Do bear in mind if you reclaim PPI, it's likely to go towards reducing the balance rather than you getting a refund yourself, although it has been known to happen when the debt has been sold as in your case. :grin: But let's look at the docs first :typing:

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

I can get my partner to scan the documents tomorrow, and then I can upload them, do I upload them on this link?

Great! When you are posting, click on a button labelled 'Go Advanced', then scroll down to 'Manage Attachments', you should be able to upload the files there. :typing:

I have 3 debts...

1) NRAM I owe £7,486. I received a letter from them today also saying that as of the 28th October they have agreed to sell my loan to Marlin Europe V Limited, which has come as a bit of a shock also.
2) Halifax I owe £7,130 they passed it to Blair Oliver and Stone Ltd but this one still seems to be owned by Halifax
3) Virgin/MBNA/Arrow £1,708.

Are these all loans and/or credit cards? Did you take them out before April 2007? If so, your first step would be to send a CCA request to all of them. Things are slightly different with overdrafts.

If you want to do something else alongside that, complete an Income and Expenditure form - National Debtline has a good one (LINK) - you need Section 3. This will give you the amount of disposable income you have from which you can make an offer, or someone can do this on your behalf.

I am unemployed, I have no rights to any benefits because my partner earns more than the limit. He gives me £110 pw for Housekeeping ie paying the mortgage, water etc This money just about covers the bills and leaves me with no dispensable income. I offered them all £1 token payments at the beginning but I have managed to increase this to £5. I really can't go any further than this, but my partner has now offered to lend me some money to make offers on the debts I owe, he can't give me the full amounts and is looking to give me 5k which is a lot less than what I owe. This offer is only based on the fact that they accept and close said accounts, but I don't know if this will be enough to do that.

Let's not rush things, I would suggest sending out the CCA requests before doing anything else, then, depending on what they come back with, you should be able to make an informed decision.