Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

[Diana M]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Good morning susiec

You could try a CCA request to the original creditor in the name of the account holder, there is no obligation for a CCA request to be signed
nem

Good Morning nem

for clarity then I need to CCA Lloyds Bank ? Should I enclose a copy of my deceased husbands death certificate too ?

For clarity you do not send a CCA Request to the original creditor Lloyds. You send a CCA Request to the current owner of the debt which you say is Arrow.

You've have been sent a Notice of Assignment informing you that the Lloyds debt has been assigned to Arrow. From now on any correspondence between you and Arrow or their DCA (Capquest) can be in the name they use on their letters but you can always update them later to your new married name if legal proceedings are on the horizon.

However I see no reason for you to write to anyone right now. You've had a NOA from Capquest that's all. It's giving you information (who now owns the debt and how to pay it) and not asking you anything. That letter is for information purposes only.

Send your s 77-79 CCA Request to Arrow (the debt owner). Make sure you enclose a £1 postal order for the statutory fee.

I know those calls can feel oppressive but it'll stop when they realise they're not being answered. It will be an auto-dialled system set for a certain number of attempts. You say you've managed to block the number and if they're only calling three times a day that may not be seen as harassment. Keep a log of the date/time of each call but don't answer it

Whether s 78 CCA applies to your debt which was an overdraft is an issue which needs exploring. You said you were using the account up until late 2013, so do you know whether the bank renewed it annually after 2012 because that may make a difference?

Di

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Thank you Di
i can only think the overdraft was auto renewed as it was always in place. I never received any correspondence on it to my knowledge. I did move in 2012 as I could not keep the mortgage on my salary. I did redirect post but only for 6 months.
its all a bit messy as previous Husband has been dead 6 years so I can't ask him about the original agreement he signed nearly 29 years ago ...
susiec

[Diana M]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

its all a bit messy as previous Husband has been dead 6 years so I can't ask him about the original agreement he signed nearly 29 years ago ...

One of the issues may be that it was your late husband who may have signed the overdraft agreement not you who is now being chased by Arrow using Capquest as their agent.

Do you recall how you were joined into that existing account in 2005? When you send your Subject Access Request to Lloyds that might be revealed. Sometimes there was nothing formal carried out.

When your late husband died in 2011 did the bank ask you to sign anything when the account was transferred into your sole name (assuming it was)?

At this point I doubt Arrow knows that it was a joint account. Don't give them any clues

Di

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Thank you Di.
i have received an NOA from Arrow with a "copy" of a letter from Lloyds saying the debt has been assigned to Arrow. The Lloyds letter looks a bit suspect to me , but that's only my opinion. I've also received a letter from Capquest requesting payment, plus several texts and phone calls. Apologies if I am repeating myself.!
i recall going to Lloyds with my late husband to add my name to the account. I did sign something but believe that was for ID purposes.
as for the account being put in my name , I went to Lloyds with his D.C. which they copied & authorized & his name was removed from the account. I don't recall signing anything to enable that but due to circumstances I can't be sure.
So a CCA to Arrow first off , then an SAR to Lloyds is my way forward ? Do I send these now or just wait for any Court papers to arrive ?
kind regards
susiec

[Diana M]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

So a CCA to Arrow first off , then an SAR to Lloyds is my way forward ? Do I send these now or just wait for any Court papers to arrive ?

What court papers

At the moment you're aim is to future-proof yourself against getting a court claim hence the CCA Request to Arrow with a copy to Capquest.

If that does happen (a claim) then at least you'll be prepared. But right now I wouldn't think like that. You're understandably spooked by those calls/texts but you can post on this forum if you want support.

Enjoy your weekend.

Di

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Yes Di I am spooked & not wanting to involve the 'new' husband in past history ��
Will CCA Arrow , copy Capquest & take it from there.
thank you for your time Di
enjoy your weekend too

susiec

[warwick65]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Hi Susie

Just to add to what Di said, if you don't answer the calls and haven't told them not to call I doubt 3 or 4 attempts a day would be harassment.

As Di suggested, keep a log and I would also write to them just saying I know you are trying to contact me about some matter, please do not call and put everything in writing. I would then list the numbers they have been using.

I say this only if they have your address, you may not have told them of any move.

Personally , much as I dislike DCA,s I think referring to them by their correct name gives you at least, the moral high ground. Use shortened names by all means such as AG . Just my opinion mind you

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Good Afternoon, An update to this thread if I may - not sure if I need to start anew. Capquest ceased contacting me regarding this issue , however I have now been contacted by Arrow saying they have passed this over to Shoosmiths. On returning from holiday today ai have i letter from Arrow stating I should now correspond with Shoosmiths and 2 letters from Shoosmiths . The first states their client as Arrow Global Ltd re Lloyds Bank Plc ( current account overdraft ) with a bank account number which I can't confirm is correct , & a balance. It goes on to state that in return for a lump sum payment, in the short term, they may be prepared to accept less than the balance & on receipt my credit file will be updated & although the record will remain I will not be liable for the remainder. The second letter states they are instructed to seek recovery & to accept this letter as notice that should they be unable to agree suitable terms they will issue a CCJ. They have enclosed a statement from Arrow from 16/11/16 to 16/11/17 showing a balance . They state that the debt was assigned to their client , Arrow on 29.7.17.
i have not CCA'd Arrow as I thought this had all gone away.... stupid I know but I lived in hope.
Please can someone help me sort this awful mess? The overdraft agreement was initiated by my deceased husband around 13.12.99. which was 9 years before we married. The letter states I may request a copy of the agreement. My husband died in 2011 so I have no hope of referring this to him.
Thank you so very much

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

[MENTION=1937]nemisis[/MENTION]45

[Onestepatatime]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Have you followed the advice given?
[MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

The second letter states they are instructed to seek recovery & to accept this letter as notice that should they be unable to agree suitable terms they will issue a CCJ. They have enclosed a statement from Arrow from 16/11/16 to 16/11/17 showing a balance . They state that the debt was assigned to their client , Arrow on 29.7.17.

. . . . The letter states I may request a copy of the agreement.

Could that letter be a formal Letter Before Claim with a Reply Form?

I can see that in August I suggested you send a s 78 CCA Request to Arrow (applicable if the overdraft facility had been renewed annually since 2012) and a SAR to Lloyds (to get the full history of the account since you became a joint holder and then subsequently a sole account).

You say you didn't send the CCA Request (so do that now) but did you send the SAR?

Di

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Good Afternoon Di
i confess to doing nothing in the stupid hope it had all gone away as I hadn’t heard from anyone further. I should have known better.
so I will CCA to Arrow , but as for the SAR , Shoosmith state they have an agreement? Should I request that ?
thank you

[Onestepatatime]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

When you do the CCA request to Arrow send a copy of the letter and cca request to Shoosmiths, this way Arrow are obliged to provide the agreement to you and the solicitors can see you've made the request.

[warwick65]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Don't panic when AG write back saying they do not think they are the creditor. They seem to always do that

[susiec]

Re: Arrow Global/ Capquest Notice of Assignment for Lloyds Overdraft

Why would that be warwick65 ? If they have purchased the debt aren’t they the creditor ? If they don’t believe they are the creditor how can they be allowed to ask for payment? I’m confused!