Copy of agreement received, different name of person who signed on behalf of the bank

[panther12]

I've been helping a friend sort out their debts but an Egg loan has resurfaced in the form of Arrow dca who claim to be the owners having purchased the debt from egg. Restons are the solicitors and I feel that they are close to issuing court papers.

A bit of background, it's an egg loan taken out late 2005 via online application so tick boxes for signature. Defaulted around 2009 with about 1.5k owing. Egg did send hard copies of the agreement to sign, the original letter from egg says:

"Here's what's included with this letter -
Two copies of your loan agreement form, which have already been signed on behalf of Egg. The copy with the red corner is for you to sign and return. The other is for you to keep." Both these hard copies are in our possession and signed by the bank but unsigned by the customer. The customer also printed out (as advised by egg) the completed online application which also shows the name of the person who ticked the signature box on behalf of the bank, this same person is the one who signed the paper copies we have.

Restons have now sent what they say is a copy of the credit agreement which they have obtained from their client Arrow. It shows tick boxes for signature of customer and of the person who signed on behalf of the bank.

The interesting thing that I notice, bearing in mind that we have all previous original documents, is that the copy that restons have sent have ticks for signatures of customer & lender but the tick of the lender on behalf of Egg is a completely different name to the person who signed our original agreement. Is this significant?

[FlamingParrot]

Re: Copy of agreement received, different name of person who signed on behalf of the

IMHO, I doubt that would make a huge difference.

Have you compared the rest of the agreement with your originals? Do they otherwise match?

[panther12]

Re: Copy of agreement received, different name of person who signed on behalf of the

Ok cheers for that, I've not been through every word in detail but it does seem to be similar to what we already have so probably best drop that as a line of argument. I guess we stand more chance with the lack of default notice and NoA. Should we be requesting those now, or wait to see if they start court proceedings and request them under CPR.

[FlamingParrot]

Re: Copy of agreement received, different name of person who signed on behalf of the

Ok cheers for that, I've not been through every word in detail but it does seem to be similar to what we already have so probably best drop that as a line of argument. I guess we stand more chance with the lack of default notice and NoA. Should we be requesting those now, or wait to see if they start court proceedings and request them under CPR.

Those are cards you'd want to keep firmly up your sleeve!

I'd certainly wait for them to issue proceedings (if ever) and then request them under CPR.

[panther12]

Re: Copy of agreement received, different name of person who signed on behalf of the

Yeah that's just what I was thinking. This has done the rounds with various dca's, and previously been offered 50% discount so they can bugger off wanting the full amount. I might make them an offer of 75% just to put it behind us with a take it or sod off and issue proceedings.

[FlamingParrot]

Re: Copy of agreement received, different name of person who signed on behalf of the

Yeah that's just what I was thinking. This has done the rounds with various dca's, and previously been offered 50% discount so they can bugger off wanting the full amount. I might make them an offer of 75% just to put it behind us with a take it or sod off and issue proceedings.

Why would you offer 75% when they've already offered you a 50% discount?

If they are offering such big discounts, they are probably not to confident of winning in court, otherwise they'd probably have issued proceedings instead, it only costs £80 to lodge a claim.

If it was me, I'd wait till they do issue a claim (when they may never do :grin before making any offers. You don't want to be resetting the statute barred clock :clock: when you are already 4 years into it! :scared:

[panther12]

Re: Copy of agreement received, different name of person who signed on behalf of the

That's true FP, think I must be getting a bit soft in my old age but definitely don't want to be resetting the sb clock. Have been very careful in my approach and any communications have come from me as a 3rd party. In fact I think I've confused this lot as they now write to me instead of the debtor. Not that it bothers me as I've a very thick skin but will be interesting if they did commence court action and put me as defendant

[FlamingParrot]

Re: Copy of agreement received, different name of person who signed on behalf of the

That's true FP, think I must be getting a bit soft in my old age but definitely don't want to be resetting the sb clock. Have been very careful in my approach and any communications have come from me as a 3rd party. In fact I think I've confused this lot as they now write to me instead of the debtor.

Not difficult when you consider Egg never 'found' me, despite my having accounts with Barclays since 2008, 3 years before they bought the bad Egg! :grin: :grin: :grin: And I've never received a NoA to either Arrow or Marlin, who have bought all the bad Eggs. :thumb:

Not that it bothers me as I've a very thick skin but will be interesting if they did commence court action and put me as defendant

That would be interesting indeed!

[panther12]

Re: Copy of agreement received, different name of person who signed on behalf of the

Well I tried the civil approach to put this to bed once and for all but they aren't interested. Their reply states they want the full whack or proposals by the 29th or they take further instructions from their client which may be court action. Oh well, so be it - the balls in their court now.

Dear Madam,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU REPRESENT

With reference to your recent correspondence, having reviewed this account including available documentation, we maintain the position as regards to the unenforceability of this account. As proceedings have yet to be instigated we are at a disadvantage with regards to the documentation in which your client seeks to rely upon to form the basis of any claim. Upon the issuance of any served proceedings we will be seeking by way of statutory requests and the courts civil procedure rules documentation that has not been provided thus far and necessary for the defendant’s defence.

At this juncture we have sought to draw a line under this matter in a bid to allow the parties to move on without incurring any further unnecessary time and costs. Although we have yet to be furnished with a full and detailed breakdown of how your client arrived at the sum requested, and whether such sum includes reclaimable unlawful bank charges and/or miss-sold PPI, no doubt inflating any true figure, I feel that the offer made to your client in previous correspondence to be fair and just.

In a letter received from your client’s previously instructed agent dated 23 March 2012, your client authorised the agent to discuss a discount with a settlement figure of £776.36. In one final attempt to put final closure to this matter, I am prepared, in this instance only, to meet your client half way from their settlement figure of 23 March 2012. To this end I propose to your client £388.18 in full and final settlement of the account and strictly without any admission of liability to the amount claimed. If accepted your client agrees that no further monies are required to the account and that the balance will be put to zero and the account closed with entries made to all credit reference agencies to show the account settled and balance nil.

This increased settlement proposal is my absolute final offer of resolution and this will be my final communication save for any court proceedings being issued, which will vehemently be defended.

I trust this clarifies our position.

[FlamingParrot]

Re: Copy of agreement received, different name of person who signed on behalf of the

That's true FP, think I must be getting a bit soft in my old age but definitely don't want to be resetting the sb clock. Have been very careful in my approach and any communications have come from me as a 3rd party. In fact I think I've confused this lot as they now write to me instead of the debtor. Not that it bothers me as I've a very thick skin but will be interesting if they did commence court action and put me as defendant

If you have sent the letter below then you probably have reset it, by making an offer. :scared: :scared: :scared:

There isn't much point in heading the letter: I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY COMPANY YOU REPRESENT when you then go on to make a repayment offer, if you didn't acknowledge the debt, you wouldn't be offering to repay it.

Well I tried the civil approach to put this to bed once and for all but they aren't interested. Their reply states they want the full whack or proposals by the 29th or they take further instructions from their client which may be court action. Oh well, so be it - the balls in their court now.

On a letter received from your client’s previously instructed agent dated 23 March 2012, your client authorised the agent to discuss a discount with a settlement figure of £776.36. In one final attempt to put final closure to this matter, I am prepared, in this instance only, to meet your client half way from their settlement figure of 23 March 2012. To this end I propose to your client £388.18 in full and final settlement of the account and strictly without any admission of liability to the amount claimed.

[wales01man]

Re: Copy of agreement received, different name of person who signed on behalf of the

It must restart the clock why would anyone pay towards a debt that's not theirs .
It really is a funny world?

[panther12]

Re: Copy of agreement received, different name of person who signed on behalf of the

I note what you say, it's not denied that there's never been a debt but disputed that Arrow are entitled to it. The debtor just wants this ended so I made the proposal in attempt to allow everyone to move on.

[Amethyst]

Re: Copy of agreement received, different name of person who signed on behalf of the

Okay, in future correspondance you need to make clear you are a third party, particularly where offering a full and final settlement.