Restons vs Partner

[andy1ad]

Hi
My partner had a historic debt with a well known high street bank relating to a credit card balance (over £5k) that defaulted around 2013. Through the help of these forums, I've previously managed to dig myself out of a hole and I'm hoping to help my partner do the same.

We've recently received letters from Restons to tell us my partners debt had been assigned to them from a previous DCA, and now the latest letter which I've attached. This letter strikes me as an LBA but I'm not 100% convinced and would be grateful for advice.

My initial thought is to send a CCA request, but would be grateful for the counsel of those who know better than me. I've also never had experience with Restons so would be grateful for feedback.

Much appreciated.

Andy.

[Diana M]

Re: Restons vs Partner

recently received letters from Restons to tell us my partners debt had been assigned to them from a previous DCA, and now the latest letter which I've attached. This letter strikes me as an LBA but I'm not 100% convinced and would be grateful for advice.

My initial thought is to send a CCA request.

Your initial thought is correct. Send a CCA Request to Arrow (who currently owns the debt) with a copy to Restons.

Di

[MIKE770]

Re: Restons vs Partner

CCA Request Letter

[andy1ad]

Re: Restons vs Partner

Your initial thought is correct. Send a CCA Request to Arrow (who currently owns the debt) with a copy to Restons.

Di

Done.

Sent today by recorded delivery to each with a postal order for a quid enclosed for Arrow. Thanks for help.

Andy

[andy1ad]

Re: Restons vs Partner

Hi all.
just a note to say I received a response by Arrow Global today. Ill post a letter of the response in due course. The crux of the matter is they state:

‘We do not accept that we are the creditor as envisaged by the above statute. However we are willing to assist in obtaining that which has been requested. We will now process your request For documentation from the creditor and will revert in due course.’

Not sure how resilient Arrow are so will wait and see in respect to further correspondence.

[charitynjw]

Re: Restons vs Partner

A typical AG response &, imho, incorrect re not being the creditor.

Btw, what happened to the £1 fee?

[andy1ad]

Re: Restons vs Partner

A typical AG response &, imho, incorrect re not being the creditor.Btw, what happened to the £1 fee?

They returned it.I thought the response was incorrect and I am hoping that it is indicative of the fact that arrow may be less active in chasing this debt.

[charitynjw]

Re: Restons vs Partner

“creditor” means [F15(except in relation to green deal plans: see instead section 189B(2))] the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

s189 CCA.....Definitions
http://www.legislation.gov.uk/ukpga/1974/39/section/189

[andy1ad]

Re: Restons vs Partner

Hi all
Update: Received a letter a few days ago from Arrow claiming that the request I sent on behalf of my partner has been met. Arrow sent a CCA agreement which I have attached and I would be grateful for feedback on its merits. I have also attached the covering note.

Apols that the attachments have processed side up...

[Amethyst]

Re: Restons vs Partner

Are there any further pages of terms included with the application form / agreement copy ?

( there’s very little info on there and it refers to clauses 8 and 9 of the card agreement etc )

[andy1ad]

Re: Restons vs Partner

Are there any further pages of terms included with the application form / agreement copy ?

( there’s very little info on there and it refers to clauses 8 and 9 of the card agreement etc )

Hi Amethyst. The sheets I have attached are the only data/terms that have been provided. There is statement info (i.e all the historical transactions from the credit card) but no other terms and conditions have been sent by the DCA.

[andy1ad]

Re: Restons vs Partner

My assumption is that I can contest what has been sent because it does not satisfy my initial request. Just wondering if this assumption is robust and what type of correspondence to send back to Arrow?

[Diana M]

Re: Restons vs Partner

My assumption is that I can contest what has been sent because it does not satisfy my initial request. Just wondering if this assumption is robust and what type of correspondence to send back to Arrow?

Why would you contest Arrow’s response? If you do that then they may try harder to comply with your request.

For example if you tell them the Ts&Cs are missing then they’ll reconstitute them to remedy the flaw so you will have shot yourself in the foot.

You don’t want them to comply because if they they can’t or don’t comply then they can’t enforce the debt in court.

Di

[andy1ad]

Re: Restons vs Partner

Why would you contest Arrow’s response? If you do that then they may try harder to comply with your request.

For example if you tell them the Ts&Cs are missing then they’ll reconstitute them to remedy the flaw so you will have shot yourself in the foot.

You don’t want them to comply because if they they can’t or don’t comply then they can’t enforce the debt in court.

Di

Hi Di and thanks for your response.

The reason I thought contesting Arrows response was worthwhile was to prevent further action being taken (i.e progression to a court claim). Feedback so far seems to suggest what they have sent is not strong enough to support a claim and I thought that challenging the absence of proper T&Cs may stop/deter Arrows in progressing their claim.

From reading your response you seem to recommend not doing challenging their correspondence and it makes good sense to me. Can you outline what you mean by Arrows 'reconstituting' the T&Cs? I also wonder what the best thing to do next is. It seems to be sit and wait based on the fact that if Arrow did issue a court claim, there is opportunity to state in any defence that proper T&Cs haven't been supplied which could be help the defence (?)....

[andy1ad]

Re: Restons vs Partner

Hi - Just requesting a response to my above query back to Diane M...