Sec78 request to. Whom?

[Onestepatatime]

Evening all,

i have an account that is being dealt with by a solicitors drysden fairfax,

they have written on a couple of occassions refering to client as Arrow Global Ltd, then last week they write to basically say they have given the wrong client, should be Arrow Global Guernsey Ltd, this week they have sent me a letter saying they are instructed to collect the monies By 6 Aug and they are instructed to commence legal proceedings through the court.

Now is the letter before action that I should now respond too?

i have gone and gotten a postal order for £1 in prep for sending the sec78 request, only do I send it too the solicitor or AG Guernsey ?

now I should say that I heave received an illegible copy of agreement and a page printout from a DCA of the nominal payment I had been making previously prior to stopping payments.

Advice as to direction to go in?
Should the sec 78 letter detail all that's required i.e. Copy and paste from cca1974 or is the template I have seen here sufficient?

addtional note: AG Guernsey Ltd has no licence with FCA ? Is this relevant?

thanks in advance.

[charitynjw]

Re: Sec78 request to. Whom?

addtional note: AG Guernsey Ltd has no licence with FCA ? Is this relevant?

I believe that it is.
I'll give [MENTION=87380]Diana M[/MENTION] (evening, Di ) a nudge for you.

[Onestepatatime]

Re: Sec78 request to. Whom?

Thanks Charity much appreciated, obviously I'm tight on time, so I have drafted a copy of the s78 request, but have no detail of AG Guernsey to send it too so have addressed it to solicitor as a c/o, is this ok?
is there a template for a Pre-court action letter? I have one from a previous site, just not sure if it is still relevant?
i have put these two letters as attachments to the cover letter.
Is this correct thus far?

[Onestepatatime]

Re: Sec78 request to. Whom?

Interestingly I have looked back through my paperwork looking of an address for AG Guernsey and have just read the small print on an alleged letter from AG Guernsey whose address is different to that of the FCA interim permissions register, but more significantly it states that 'your account is administered by Arrow Global Limited (AGL) for Arrow Global Guernsey Limited' is this significant?

[charitynjw]

Re: Sec78 request to. Whom?

It would seem from your posted info that AG (Guernsey) are the ones that have purchased the alleged debt.
If so I believe they may have a problem.
Hold tight for Di's thoughts....she is more knowledgeable on this (& much better-looking) than me.

[Onestepatatime]

Re: Sec78 request to. Whom?

Bump!

[Amethyst]

Re: Sec78 request to. Whom?

Don't think [MENTION=87380]Diana M[/MENTION] is about at the minute, she might have more info but yes the sec 78 should go in to Arrow Global (Guernsey) if it is they who say they own your debt now... not to the Solictor.

Interesting that Drysden have responded changing the 'claimant' name. You should reply to Drysden as well as sending the CCA request off, as it does sound like it is a letter before action.

You could mention that you are suprised they have a) got their client name wrong b) changed client to a company that doesn't hold a current consumer credit licence then tell them you have sent a formal cca request to AG guernsey ( and tell them the address you've sent it to- see below) and also say you haven't received any notice of assignment from the original creditor ( who is that btw? ) to either Arrow Global or Arrow Global Guernsey so you'd appreciate a copy of that too. Also ask for a full breakdown of the amount they say you owe.

Also you mention previous DCA - did they own the debt or were they acting as an agent for the original creditor ? If they owned the debt then they'd have to have assigned the debt to Arrow (either) as well.

the address for AGG seems to be same now as for AG -> Belvedere, 12 Booth Street, Manchester, United Kingdom, M2 4AW although AG and the old FCA licence have it as

Arrow Global Guernsey Limited
Registered Number: 49547
Data Protection Act Notification Number: Z1552619

Your account is administered by Arrow Global Limited ("AGL") for Arrow Global Guernsey Limited. AGL is part of the Arrow Global Group and is authorised and regulated by the Financial Conduct Authority for certain credit-related regulated activities. AGL is registered on the Financial Services Register under registration number 718754. AGL is registered in England and Wales with company number 05606545 and its registered office is at Belvedere, 12 Booth Street, Manchester M2 4AW.

Arrow Global Guernsey Limited is registered in Guernsey.
Registered Office:
First Floor
Albert House
South Esplanade
St Peter Port
Guernsey
GY1 1AJ

so you could send it there, though personally I'd stick with the Manchester address.

[Diana M]

Re: Sec78 request to. Whom?

i have an account that is being dealt with by a solicitors drysden fairfax,

they have written on a couple of occassions refering to client as Arrow Global Ltd, then last week they write to basically say they have given the wrong client, should be Arrow Global Guernsey Ltd, this week they have sent me a letter saying they are instructed to collect the monies By 6 Aug and they are instructed to commence legal proceedings through the court.

Now is the letter before action that I should now respond too?

i have gone and gotten a postal order for £1 in prep for sending the sec78 request, only do I send it too the solicitor or AG Guernsey ?

now I should say that I heave received an illegible copy of agreement and a page printout from a DCA of the nominal payment I had been making previously prior to stopping payments.

Advice as to direction to go in?
Should the sec 78 letter detail all that's required i.e. Copy and paste from cca1974 or is the template I have seen here sufficient?

addtional note: AG Guernsey Ltd has no licence with FCA ? Is this relevant?

I'm going to look at this from a pre-litigation tactical viewpoint so this will not be short post

I'm often heard to say that 'less is more' before a claim is issued. In other words do would you need to do but nothing more especially if what you do has the potential to benefit the other side.

If you write letters revealing your hand then you might shoot yourself in the foot because they'll attempt to remedy the error you've kindly pointed out to them.

So for example if you say you've never received a Notice of Assignment you can bet your bottom dollar they'll reconstitute one (or at least set about researching the information they need to do that).

Don't do their job for them. Let them prepare their own case!

Likewise I wouldn't mention the FCA licencing issue. Litigation is about the element of surprise. You can drop that bombshell on them when you file your Defence if a claim is ever issued.

Never be confrontational or act like a 'smart alec' with a solicitor because that's the fastest way to get a claim which is what I presume you're aiming to avoid.

There's no need to point out the potential flaws. They've already told you they've made an error with the name of the account owner. Jolly good. Lets hope them make some more errors while you sit back and observe

You say you've already been sent an illegible copy of the agreement by a DCA. Was that in response to a previous s. 77-79 CCA Request to that DCA? If so then nothing is gained by sending another if the response (to your CCA Request) has not been complied with.

Conversely if you previously sent a CCA Request and it produced an enforceable agreement but it was sent to the previous owner then it may make sense to send another to the current owner who may not have access to the same information as the previous one (if you follow me).

So have you sent a CCA Request before and if so to whom did you send it?

You also say that the DCA sent you a page printout of the nominal payments you had been making. When did you last make a payment and could this debt be Statute Barred or close to SB? Depending on your answer you may need to do things one way or another. If it's close, but not close enough, to being SB you may need to find a way to filibuster until you reach the certainty of SB.

Most importantly who was the original creditor and what was the type of account (e.g. credit card, loan, overdraft, catalogue, store card and so on)? When did you open that account and how much is the outstanding balance?

I know that's a lot of questions but to give you a meaningful answer to your question they're necessary I'm afraid.

Finally, because time is running out to meet their deadline, what did the letter actually say would happen on 6th August if you didn't do as they asked? Did it say "proceedings will be issued without further notice to you"? Or did it say they may be instructed to issue proceedings etc? The precise wording is important to determine whether or not it is a Letter Before Claim.

It's an odd date for a solicitor to pick for a deadline since the 6th August is a Sunday.

Di

[Onestepatatime]

Re: Sec78 request to. Whom?

Thanks Amythest,
Original was A&L which was apparently changed at some point to MBNA?
So to be clear, the CCA s78 direct to AGG with £1 PO then a copy of such to Drys with an accompanying letter re their incompetence.
Then I should do a SAR request to a&l or mbna?

[Diana M]

Re: Sec78 request to. Whom?

with an accompanying letter re their incompetence.
Then I should do a SAR request to a&l or mbna?

Send a SAR to MBNA.

Have you seen my previous post # 8 which crossed with yours? It was a celebration of their perceived incompetence. Long may it last and please don't try to cure it

Di

[Diana M]

Re: Sec78 request to. Whom?

It would seem from your posted info that AG (Guernsey) are the ones that have purchased the alleged debt.
If so I believe they may have a problem.
Hold tight for Di's thoughts.....

I've just given my thoughts - hopefully in time before the OP goes to the post office!

Di

[Onestepatatime]

Re: Sec78 request to. Whom?

Ooh Di, you're a gem.

So some background; account originally opened in 2004, current balance £8500 approx, last payment I think was 2016 so long way from SB. I believe the OC was A&L Cc however I'm told it is now MBNA Cc, I don't remember receiving anything from MBNA although a little research shows MBNA bought A&L Credit card arm but continued to use the A&L brand.
The previous DCA was merely an agent I believe as they passed it back to OC, Arrow global Guernsey have purchased it apparently although I know not when?

Dryden have been writing to me for a couple of month, I merely sent them a letter asking for evidence of their clients claim to the account as I had no knowledge that Arrow Global or Arrow Global Guernsey had purchased it. After a couple of tennis letters I received an illegible agreement with advise of further paperwork to follow. Approx 4 days later they sent a second copy of same agreement and a page of nominal payments from previous DCA agent. I wrote asking them to confirm that was all the documentation I was to receive, received no reply then received this letter of legal action. Now I don't have copy to hand but will copy word for word their letter when I get home.
So no I haven't issued a Cca request myself however in the letter that came with agreement there is a cover letter from MBNA which says 'in response to the sec78 request'?
I personally think they are clutching at straws but I'm no expert so am open to your valued input.

- - - Updated - - -

I've just given my thoughts - hopefully in time before the OP goes to the post office!

Di

I ain't rushing! It'll keep till morning.

[Diana M]

Re: Sec78 request to. Whom?

account originally opened in 2004, current balance £8500 approx, last payment I think was 2016 so long way from SB. I believe the OC was A&L Cc however I'm told it is now MBNA Cc, I don't remember receiving anything from MBNA although a little research shows MBNA bought A&L Credit card arm but continued to use the A&L brand.

MBNA bought the A & L credit card business in 2002 paying a modest £225m.

What or who's name/logo was on the illegible credit agreement you were sent by that DCA?

Was it too illegible to see if you'd ticked 'YES' to the PPI box? Most consumers found themselves with PPI on their accounts.

Your SAR to MBNA will reveal all

Your s 77-79 CCA Request to Arrow (copied to Drydens Fairfax) may stall proceedings although it's unlikely they'll get it before Sunday (the deadline) but if you send it in the morning by Royal Mail Recorded Delivery 1st Class it should get there on Monday.

However the trouble with factory style solicitors involved in debt collection is that they often programme their software to issue claims on a specif date regardless of whether they've received any response to a LBA or not.

Di

[Onestepatatime]

Re: Sec78 request to. Whom?

Ok so here is the actual wording.

We are solicitors instructed by AGGltd, to obtain immediate repayment of the amount due £8500 or to take appropriate recovery action should you fail to pay.
You must make an immediate payment of £8500 or telephone us today to agree a satisfactory solution to this matter. Payment methods in reverse of this letter.
Please note that if payment is not received by 6 August 2017 we have authority to commence legal proceedings through the court. If this action becomes necessary, there will be costs incurred for which you may become liable.
Please do not underestimate the seriousness of this matter. It is most important that you make a payment or contact us as a matter of urgency.
End

I have noted along the edge of the letter it say PRELET1

?? Over to you

- - - Updated - - -

Given timings is it worth me. Selling them tomorrow to tell them that I have sent the Cca request to AGG and that they shall have a letter Monday morning confirming contents of the call?

[Onestepatatime]

Re: Sec78 request to. Whom?

Di are you about?