arrow global & a CRA default.

[nemesis45]

Re: arrow global & a CRA default.

Hi Nem, thanks for info. At the moment the credit card is not known. When i disputed the default with Equifax, the reply back from Arrow global was;
"default stands, we will not remove it, we purchased this debt in dec 2014, last payment to credit card nov 2014, i would need to contact the credit card issuer for more information".
This appears to be standard practice on reading through other cases on your web site.
The reason i pursued this with Equifax was that i was paying £3 a month for a monitoring service, and Equifax reported no changes to my account during 2014 and 2015. Equifax then said they had nothing to report to me on my CRA report as Arrow global reported nothing to them until may of 2016, they then supplied selected info. No info back over the past 6 years, which i understand they must have, as they report a last payment of £1 nov 2010.
So info i know so far through Equifax, debt purchased dec 2014, account defaulted dec 2015, default added to CRA reports may 2016.

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CORRECTION;
"default stands, we will not remove it, we purchased this debt in dec 2014, last payment to credit card nov 2014*, i would need to contact the credit card issuer for more information".

*should read Last payment should read nov 2010 not 2014

Could this be a Barclaycard? This is what I referred to previously.

For practical purposes the Information Commissioners Office regulates the way CRA and the companies that report to them. ICO Technical Guidance On Defaults is the document dealing with this sort of situation I expect as usual the FCA wont cross the " regulatory Border".

Have you at any time Nov. 2010 specifically made a formal request for a copy of the agreement for this card with the £! statutory fee to any party in regard to the alleged debt?

Personally I would write to Arrow Global raising a Formal Complaint about the default entry (2) stating that you do not acknowledge any liability for the alleged debt and you have no knowledge of any amounts outstanding to any credit card issuer and that you require AG to provide unequivocal proof of (a) The name of the original creditor. (b) Who made the alleged payment of £1. (c) The exact date it alleged the payment was made. (d) How the payment was made e.g. Debit Card, Postal Order/Cheque, Cash across bank counter etc.
You could also state that you believe that the default registered on the alleged debt was placed unfairly/ unreasonably late as per the ICO's Technical Guidance on Defaults and you also want to know if the account was defaulted prior to AG purchasing the debt.

nem

[artourious]

Re: arrow global & a CRA default.

Nem, not Barclaycard...I got into trouble with debt in the late 1990's and have been repairing my credit rating since then. All debts from the 1990's have now either been paid or have droped off the CRA reports as statute barred. I retired in 2013 and have or had fully repared my credit rating, and was building up the numbers by applying for credit cards. Dec 2015 applied and recieved a tesco card. April/may 2016 applied and receieved an MBNA and Barclaycard.(this is the first time i have ever applied for those cards.)

I have no records of any old accounts back before 2013...as all were cleared up or "gone away" any statements or cards have long since been disposed of.
I checked with my bank statements with the banks help back to 2008, then through 2009,2010,2011... They have not found any cheques made payable to credit card companies for £1., It may have been a postal order, but i do not remember using postal orders, because of the extra cost in paying for the postal order.
Arrow global, this is where the problem arrises, if they do have proof of a payment in nov 2010, it would be foolish to contact them before dec 2016 ??? agreed ??... After that date i can talk to them every day, knowing that i am safe from legal redress ??
As to the state of Defaults in the uk credit industry, this seems to be in one hell of a mix up, that being the reason i joined your site yesterday.
The general opinion seems to be;

1. Default can be added after 1 to 3 missed payments
2. Default should be added after 6 missed payments

Problem then is if the OC do not add defaults, are they applied by default (added to an account by failing to keep up payments). I am registered with a debt charity, and they are not sure on the last point

3.DCA buys the debt, this may be in default already or is in default already, they should not add another default, and the default should be registered at the origonal date, but it appears as in my case Arrow global do not follow those rules.

4. If the original default rules are applied in my case and the account was in default from dec2010, then the details will be removed from my CRA reports in Dec 2016, and this is the nub of the problem as to when the default should have been added and when it was added. If it stands as may 2016 it will be on my report up to june 2022. ouch !!

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The General opinion seems to be that any contact of any type before the account is statute barred counts as "contact"..and the clock starts ticking again from that contact.
Info recieved from CAB and Debt charity... ????

[nemesis45]

Re: arrow global & a CRA default.

Nem, not Barclaycard...I got into trouble with debt in the late 1990's and have been repairing my credit rating since then. All debts from the 1990's have now either been paid or have droped off the CRA reports as statute barred. I retired in 2013 and have or had fully repared my credit rating, and was building up the numbers by applying for credit cards. Dec 2015 applied and recieved a tesco card. April/may 2016 applied and receieved an MBNA and Barclaycard.(this is the first time i have ever applied for those cards.)

I have no records of any old accounts back before 2013...as all were cleared up or "gone away" any statements or cards have long since been disposed of.
I checked with my bank statements with the banks help back to 2008, then through 2009,2010,2011... They have not found any cheques made payable to credit card companies for £1., It may have been a postal order, but i do not remember using postal orders, because of the extra cost in paying for the postal order.
Arrow global, this is where the problem arrises, if they do have proof of a payment in nov 2010, it would be foolish to contact them before dec 2016 ??? agreed ??... After that date i can talk to them every day, knowing that i am safe from legal redress ??
As to the state of Defaults in the uk credit industry, this seems to be in one hell of a mix up, that being the reason i joined your site yesterday.
The general opinion seems to be;

1. Default can be added after 1 to 3 missed payments
2. Default should be added after 6 missed payments

Problem then is if the OC do not add defaults, are they applied by default (added to an account by failing to keep up payments). I am registered with a debt charity, and they are not sure on the last point

3.DCA buys the debt, this may be in default already or is in default already, they should not add another default, and the default should be registered at the origonal date, but it appears as in my case Arrow global do not follow those rules.

4. If the original default rules are applied in my case and the account was in default from dec2010, then the details will be removed from my CRA reports in Dec 2016, and this is the nub of the problem as to when the default should have been added and when it was added. If it stands as may 2016 it will be on my report up to june 2022. ouch !!

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The General opinion seems to be that any contact of any type before the account is statute barred counts as "contact"..and the clock starts ticking again from that contact.
Info recieved from CAB and Debt charity... ????

Any contact ( to be seen as an admission of liability ) has to be unequivocal as in " I cannot pay My debt".

Requests for information i.e. Subject Access Requests and CCA requests cannot not be construed as an admission of liability the debt charity imo is wrong.

It always recommended to use the phrases " the alleged debt" " I do not acknowledge any liability to xxxxxxx.".

The default in your case was placed unreasonably late and should be challenged with both AG and the original creditor. I has been past to get these late unfair defaults reset to the date when reasonably the default should have been placed.

Without knowing the original creditor it is difficult to go much further.

To emphasise finally the advice given by the " debt charity " is flawed only the issue of a court claim ( stops the" clock" on the date it is issued) a payment to any account, an Unequivocal Written Admission of Liability can stop or restart the 6 year clock.

Lawful requests for information i.e. A request for a copy of a Regulated Agreement under the provisions of sections 77/78/79 of CCA 1974 Cannot be construed as admissions of liability Nor can the Statutory Fee of £1.00 be considered a payment to the account.

nem

[artourious]

Re: arrow global & a CRA default.

Thanks again Nem...lots for me to take in there, and after less than 12 hours of talking on this site i have had more info, or reassurance than most of the other agencies i have contacted combined..

A.

[artourious]

Re: arrow global & a CRA default.

Just got my experian report lunchtime. this one action of arrow global has taken my score from 855 down to 333 very damaging....

[nemesis45]

Re: arrow global & a CRA default.

Just got my experian report lunchtime. this one action of arrow global has taken my score from 855 down to 333 very damaging....

A CCJ will affect credit scores with all the agencies.

nem

[artourious]

Re: arrow global & a CRA default.

nem, this is just for the default. my credit report was in excellent condition, which i think all of us would hope it would be when we had retired. As i said previous i got into trouble in late 1990's 20 years ago now, and it has taken from then up to when i retired in 2013 to get my report clean. I have no long term debts, loans, hp agreements. i have no CCJ's or defaults on other accounts, i have no utility accounts in arrears..i was and am paid up on all accounts. that's is to say until this arrow global appeared, and like most it is very distressing...if i had the sum of £2261 i would just pay it to make arrow go away, but sadly i do not have that kind of money. I had considered borrowing on other credit cards to pay this debt, but have been advised that this is not the best course of action to take.

A.

[nemesis45]

Re: arrow global & a CRA default.

nem, this is just for the default. my credit report was in excellent condition, which i think all of us would hope it would be when we had retired. As i said previous i got into trouble in late 1990's 20 years ago now, and it has taken from then up to when i retired in 2013 to get my report clean. I have no long term debts, loans, hp agreements. i have no CCJ's or defaults on other accounts, i have no utility accounts in arrears..i was and am paid up on all accounts. that's is to say until this arrow global appeared, and like most it is very distressing...if i had the sum of £2261 i would just pay it to make arrow go away, but sadly i do not have that kind of money. I had considered borrowing on other credit cards to pay this debt, but have been advised that this is not the best course of action to take.

A.

The advice on not borrowing to pay this is spot on a very dangerous thing to do.

Unfortunately defaults are a bar to getting credit at standard prices.

The most important thing for you to do is find out the name of the card issuer asap, then the late/unfair default can be challenged I will happily help with a challenge.

nem

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nem, this is just for the default. my credit report was in excellent condition, which i think all of us would hope it would be when we had retired. As i said previous i got into trouble in late 1990's 20 years ago now, and it has taken from then up to when i retired in 2013 to get my report clean. I have no long term debts, loans, hp agreements. i have no CCJ's or defaults on other accounts, i have no utility accounts in arrears..i was and am paid up on all accounts. that's is to say until this arrow global appeared, and like most it is very distressing...if i had the sum of £2261 i would just pay it to make arrow go away, but sadly i do not have that kind of money. I had considered borrowing on other credit cards to pay this debt, but have been advised that this is not the best course of action to take.

A.

The advice on not borrowing to pay this is spot on a very dangerous thing to do.

Unfortunately defaults are a bar to getting credit at standard prices.

The most important thing for you to do is find out the name of the card issuer asap, then the late/unfair default can be challenged I will happily help with a challenge.

nem

[Nibbler]

Re: arrow global & a CRA default.

No Arrow should not add a new default - the debt will have defaulted before being sold to Arrow and therefore should have defaulted over 6 years ago and wouldn't show on your credit file at all now. Arrow could take over the reporting of the debt but they can't just add a new default date because they can't find the original ( as it'd fallen off ).

Just tagging @Nibbler to hopefully have a look for you ( he's much better at CRA stuff )

Adding a new default if they think they can get away with it is very typical of Arrow, although they seem to have dialled down on the tactic a little bit over the last couple of years.

artourous: The 'law' is that a reporting of a default should be fair and accurate under the Data protection Act and Principles.

The guidelines etc from the ICO are their take on how those general principles translate into fair practices in reality, but are not law or binding in themselves.

However, in no conceivable book is applying a default 5 years after the fact with no payments or contact in the interim fair or accurate in any sense, so this is a clear breach of the DPA and principles.

FCA do not have a 'scooby' about credit reporting, so their opinion is worthless.

At whatever point you are confident this is statute barred, you need to go full on at Arrow with a complaint.

Doesn't matter if they claim they are just doing what the OC told them. If they want credit account data on your credit file in their name, they are then responsible for it's fairness and accuracy once that is called into question, and arguably before under due diligence.

[artourious]

Re: arrow global & a CRA default.

Again nem, many thanks for your wise words. and being a mere "unknown quantity" at my young age a will of course defer to your wise council..

[artourious]

Re: arrow global & a CRA default.

Nibbler, many thanks for your wise countenance....

i appear to have struck gold with this web site.

[nemesis45]

Re: arrow global & a CRA default.

Again nem, many thanks for your wise words. and being a mere "unknown quantity" at my young age a will of course defer to your wise council..

[MENTION=1508]Nibbler[/MENTION] has very eloquently expressed the way this should proceed.

nem