Restons/Arrow

[windows488]

Hi all,

I have received a letter from 'Restons Solicitors' stating that they are acting on behalf of Arrow Global Guernsey, who have referred the account to them for legal action. The letter goes on to state 'This means that we are instructed to issue court proceedings against you.' They state that their client is prepared to consider the repayment by installments, and that I should complete an enclosed financial statement by 18th July. They go on to say their client may be prepared to accept a short settlement of the balance dependent on my circumstances.

Original agreement shows as - MBNA - Credit Card, from November 2004, and was transferred to Arrow in March 2008.

There have been no payments to this account since late summer of 2007. I have not acknowledged this debt by phone or in writing, and have had no communication at all with anyone regarding it.

Therefore this surely must count as statue barred if 10 years since last payment was made?

Thank you.

[MIKE770]

Re: Restons/Arrow

Statute Barred after 6 years england. / 5 years scotland

You have contacted me about the account with the above reference number, which you claim I owe. I do not admit any liability for your claim.

Under the Limitation Act 1980 Section 5:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

Also, the Financial Conduct Authority's Consumer Credit sourcebook states the following.

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe.

Please confirm in writing that you will not make any further contact about the above claim and confirm that this matter is now closed.


I look forward to hearing from you.

Yours faithfully

[Diana M]

Re: Restons/Arrow

I have received a letter from 'Restons Solicitors' stating that they are acting on behalf of Arrow Global Guernsey, who have referred the account to them for legal action. The letter goes on to state 'This means that we are instructed to issue court proceedings against you.' They state that their client is prepared to consider the repayment by installments, and that I should complete an enclosed financial statement by 18th July. They go on to say their client may be prepared to accept a short settlement of the balance dependent on my circumstances.

Original agreement shows as - MBNA - Credit Card, from November 2004, and was transferred to Arrow in March 2008.

There have been no payments to this account since late summer of 2007. I have not acknowledged this debt by phone or in writing, and have had no communication at all with anyone regarding it.

Therefore this surely must count as statue barred if 10 years since last payment was made?

It's possible that this debt is Statute Barred but I wouldn't tell Restons that at this stage until you're 100% certain. People often forget a one off payment made over the phone under pressure from a Debt Collection Agency or a letter which may be considered as acknowledgement.

What you want to avoid is them checking their records and finding a rogue payment and then they issue legal proceedings to beat the SB deadline.

Instead I would send Arrow a s 77-79 CCA Request with a copy of it to Restons so that they know their client needs to comply with your statutory request before the debt can be enforced in court.

This forum has a CCA Request template letter and an explanation of the process here > http://legalbeagles.info/library/gui...etter-example/

There's no need for you to complete the I & E form Restons sent you, just send the CCA Request as your response to their letter. Send it Royal Mail Recorded Delivery and keep a copy.

How much is the outstanding balance as that may give some clue as to how determined they may be to pursue you?

I also see that the creditor is Arrow Global Guernsey Ltd which could cause them a problem if they do decide to take you court since they are unlicensed.

Di

[windows488]

Re: Restons/Arrow

Thank you both for your helpful advice.

The outstanding balance is for between 4 and 5k.

I am certain there has been no contact, but to be cautious maybe I will then send off the CCA request to Arrow, and a copy of it to Restons.

[Diana M]

Re: Restons/Arrow

I am certain there has been no contact, but to be cautious maybe I will then send off the CCA request to Arrow, and a copy of it to Restons.

Wise move

If it's SB then it's SB and it won't become un-SB just because you haven't yet told them it's SB (if you follow me).

Meanwhile send a Subject Access Request to MBNA to get the full history of this account which ought to give you the information you need to confirm your last payment since you've posted that nothing was paid after the account was assigned to Arrow in 2008.

This forum has a SAR template letter here (you'll need to edit it to suit since you won't be requiring them to send you any medical records) > http://legalbeagles.info/library/gui...ccess-request/

Di

[Diana M]

Re: Restons/Arrow

Original agreement shows as - MBNA - Credit Card, from November 2004, and was transferred to Arrow in March 2008.

There have been no payments to this account since late summer of 2007. I have not acknowledged this debt by phone or in writing, and have had no communication at all with anyone regarding it.

The only thing which baffles me is if this account was assigned to Arrow Global Guernsey Ltd in 2008 then where has it been for the last nine years especially since you say you've not entered into any correspondence with anyone?

It's not like Arrow to hang about when debts they've purchased are not being paid. They tend to issue legal proceedings.

Could it have been assigned to someone else before Arrow such as Britannica or Idem?

Di

[windows488]

Re: Restons/Arrow

Ok. So the account history from MNBA should be requested from 2004 to 2008? As after it was bought by Arrow, so MBNA would not have any more information on it?

I don't recall ever get any other letters from other companies, but can't say 100%. Arrow sent a letter last week stating that they are transferring the account to Restons.
I moved abroad in late 2007 for 5 years - not sure if this has caused the inaction.

The SAR request, CCA request and £1 cheque won't count I assume as acknowledgement or payment?

Thanks.

[MIKE770]

Re: Restons/Arrow

SAR/CCA request will not make any difference that is statuary requirement only,

5 years abroad + time before /after equates to the SB Periods no doubt?

a company if I remember correctly may destroy account sold off after 6 years tax period as elapsed sure other will comment

[Diana M]

Re: Restons/Arrow

I think I received an email from you last night.

I've replied.

At least I think it's from you

Di

[windows488]

Re: Restons/Arrow

Hi all and thanks for your previous help.

A few days ago I received a letter from Restons stating that - 'We have been informed by our Client that the request made under Section 78 of the Consumer Credit Act 1974, has been complied with'They then say the require sight of my financial circumstances and repayment proposals towards the outstanding balance, and that I need to complete an attached financial statement and return by a certain date, and in view on completeness please find enclosed their Letter before Claim.

Well I have received no information from Arrow at all, so either it has still not arrived or this is not true. I am positive this is statute barred as no payments have been made since September 2007 at the latest. Should I just advise that no information has been received by myself and request that Arrow send this to the correct address, or now should advise them this is Statute Barred?

Thanks.