Malakai26 v Virgin / Arrow

[Amethyst]

New thread for Malakai v Virgin / Arrow / Westcot - original thread is here

I hope someone can help me, apparently my credit card agreement came to an end with Virgin and it has been sold to Arrow Global and Wescot are the agency claiming payment, tell by first letter this is going to drive me insane.

This is the Virgin Contract from the CCA request that Arrow have sent me along with the covering letter, telling me Wescot will be dealing with me on their behalf.

Attached Files

• virgin contract.pdf (1.24 MB, 6 views)

[Malakai26]

Re: Malakai26 v Virgin / Arrow

I sent a CCA request as advised in January 2013, received nothing from them apart from the usual we are dealing with your request letters, then I received this last week.

I am concerned that now they have this agreement they will start their harassment of me again. It was suggested that I upload the agreement and someone would be able to advise me on what to do next.

I have been paying a token payment of £5 on this account to MBNA, but I was sent a letter by MBNA advising me that they will no longer accept payments and that I should pay Arrow directly from now on giving me their payment details, should I do this?:noidea:

[Malakai26]

Re: Malakai26 v Virgin / Arrow

Has anybody had a chance to look at the agreement, and if so is there any advice on how to proceed :confused2::help:

[FlamingParrot]

Re: Malakai26 v Virgin / Arrow

Has anybody had a chance to look at the agreement, and if so is there any advice on how to proceed :confused2::help:

I'm wondering whether the 2nd page (dated Dec 2001) really is the reverse of page 1 :confused2: The application form says "in store", do you remember how you applied for this card?

[FlamingParrot]

Re: Malakai26 v Virgin / Arrow

I sent a CCA request as advised in January 2013, received nothing from them apart from the usual we are dealing with your request letters, then I received this last week.

I am concerned that now they have this agreement they will start their harassment of me again. It was suggested that I upload the agreement and someone would be able to advise me on what to do next.

I have been paying a token payment of £5 on this account to MBNA, but I was sent a letter by MBNA advising me that they will no longer accept payments and that I should pay Arrow directly from now on giving me their payment details, should I do this?:noidea:

If the account has been sold to Arrow, they'll be entitled to your payments now, as opposed to MBNA, who no longer own the account.

[Malakai26]

Re: Malakai26 v Virgin / Arrow

I'm wondering whether the 2nd page (dated Dec 2001) really is the reverse of page 1 :confused2: The application form says "in store", do you remember how you applied for this card?

Oh my, I will try to think about this I'm sure it was done over the phone, on the 1st page it clearly states completed by customer and they have ticked NO. I also noted that the terms and conditions start from 2 of 7, I was wondering where no 1 of 7 is! :noidea:

Legally I have no clue, but there is something just not sitting right for me.

How do I request a SAR? Is there a template letter, I have had a route around but wasn't sure which one would be relevant. There was PPI on that Card at some point yet when I needed it, it wasn't there!.

What happens if I apply for a SAR, i am assuming that I am then in dispute with the original creditor is this correct? Do I send it through Arrow or straight to the OC.

[charitynjw]

Re: Malakai26 v Virgin / Arrow

Were any default charges applied to the account?

If so, refer T&C #5.

[FlamingParrot]

Re: Malakai26 v Virgin / Arrow

Oh my, I will try to think about this I'm sure it was done over the phone, on the 1st page it clearly states completed by customer and they have ticked NO. I also noted that the terms and conditions start from 2 of 7, I was wondering where no 1 of 7 is! :noidea:

Legally I have no clue, but there is something just not sitting right for me.

I got the same impression, that there's something not quite right and that the alleged terms may not correspond to the application form, which clearly states 'In-store' at the bottom, hence my questions.

How do I request a SAR? Is there a template letter, I have had a route around but wasn't sure which one would be relevant. There was PPI on that Card at some point yet when I needed it, it wasn't there!.

I'll post one up shortly. :typing:

What happens if I apply for a SAR, i am assuming that I am then in dispute with the original creditor is this correct? Do I send it through Arrow or straight to the OC.

They will have 40 days to reply to a SAR. The SAR itself doesn't put the account in dispute but you can argue you are waiting for your SAR to find out about mis-sold PPI and charges applied to your account. You may be able to reclaim the PPI, although any redress is likely to go towards the debt, however, if the debt has been assigned in absolute (sold) to Arrow, there is a chance it may not. As you are making payments, you have nothing to lose either way. :thumb:

The SAR should go to the original creditor, Arrow wouldn't have the historical data you're after. :nono:

[FlamingParrot]

Re: Malakai26 v Virgin / Arrow

Below is a SAR letter, which should be sent recorded delivery with a cheque or PO for £10 to cover the maximum fee. They have 40 calendar days to respond. Note the letter asks for copies of the T&Cs, if you're lucky you may get something there that sheds some light, although some banks may argue terms are not personal data.

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

[Malakai26]

Re: Malakai26 v Virgin / Arrow

Were any default charges applied to the account? If so, refer T&C #5.

Not as I know of, does this mean they can't add any either?

Below is a SAR letter, which should be sent recorded delivery with a cheque or PO for £10 to cover the maximum fee. They have 40 calendar days to respond. Note the letter asks for copies of the T&Cs, if you're lucky you may get something there that sheds some light, although some banks may argue terms are not personal data.

Thank you for the SAR letter Flaming Parrot :thumb:

[FlamingParrot]

Re: Malakai26 v Virgin / Arrow

Not as I know of, does this mean they can't add any either?

Very often the devil's in the detail. It may be possible to establish whether those were the original terms of not by looking at things like these.