DMP & Mutual Support Thread - Part 11

January2015

Brogden wrote: »

Hi All . I know CCA's are all the rage with us lot at the moment. I have just posted this over on DFW but copied here in case anybody has any thoughts......
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As we know I am having a CCA campaign on my remaining debts and yesterday received the second response. This is from Arrow Global who own a cc debt which was assigned from a Spanish company.......

'We thank you for your letter dated XXXX received XXXX and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

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.......'


I do not necessarily think this will be of assistance to me but I have scanned the Consumer Credit Act 1974 and the definition of creditor is as follows:-

"creditor" means 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;

As the rights and duties under the agreement HAVE been assigned to Arrow Global, how on earth can they not accept they are the creditor 'envisaged' by the act........?

Any comments are welcome and any opinions as to whether AG's text is purely a platitude in order that they do not look so foolish for not having in their possession what I have legal entilement to? OK.......they say they are obtaining it for me but.........???????????

When I spoke to Arrow Global on the phone regarding two of our larger debts (both Virginmoney) they explained to me that they 'hold' the debts pending transfer to a debt collection agency. However the letters we received from Virginmoney cleared included formal notification of assignment of the debts to Arrow Global. I took this mean that Arrow Global staff have no clue what they are talking about.

Our 2 accounts have now been passed from Arrow Global to Moorcroft.

If you have a notification of assignment from the original predator then I would copy that and write back to AG and advise you believe under the CCA they are creditor and as such you await their reply and would remind them of the time limits in which they need to respond.

Someone else with more knowledge and experience may come along with much better advice though

January2015

Quick update on our move to self-managed DMP.

Postman bought a nice pile of letters today

2 from SC. One acknowledging we are closing our plan with them. The 2nd enclosing a cheque for funds they had been unable to pay to one of our predators (as it had moved to a DCA beginning of January).

2 letters from a DCA (same DCA - 2 debts). Both accepting our proposals to pay £1 per month for a few months. We dropped to token payments for all predators to rebuild the emergency fund. The letters actually said they would accept £1 for six months and review - which isn't what we offered, but we may just accept their counter offer because it will allow us to build up more emergency funds/funds for F&Fs :rotfl:

New bank account with Yorkshire Bank all set up so we have an account just for the predators now. Probably didn't need to do this but I want it clear and separate in my head and my bank what's for them and what's for us.

We've made one F&F offer for 40% of the debt. It was a small debt of £562 and we've offered £225. If they don't accept they can go back to £6 per month for the next 94 months but we thought it worth giving it a go:D

Brogden

January2015 wrote: »

When I spoke to Arrow Global on the phone regarding two of our larger debts (both Virginmoney) they explained to me that they 'hold' the debts pending transfer to a debt collection agency. However the letters we received from Virginmoney cleared included formal notification of assignment of the debts to Arrow Global. I took this mean that Arrow Global staff have no clue what they are talking about.

Our 2 accounts have now been passed from Arrow Global to Moorcroft.

If you have a notification of assignment from the original predator then I would copy that and write back to AG and advise you believe under the CCA they are creditor and as such you await their reply and would remind them of the time limits in which they need to respond.

Someone else with more knowledge and experience may come along with much better advice though

Hi Jan,

This all rings very true . Whilst Arrow Global 'own' the debts they do not like dirtying their hands picking up the phones to speak to us......they appoint collection agents. The ex-Spanish debt I am talking about was sold to Arrow who appointed the tedious Drydens Fairfax Solicitors to collect (I do think calling this crew 'solicitors' is a bit of an insult to a real solicitor but that's by the way........:p)

It seems in your case they appointed the toothless Moorcroft (I deal with them too)........another bunch of wasters who just get in the way :mad:.

Thing is Jan......I think the people at Arrow did know what they were talking about when they mentioned the appointment of collection agents. Arrow are just a bunch of back room bums who love doing calculations and working out their bumper profits for the Christmas do. The collection work they delegate.

The thing I am angry about is them not considering themselves to be the creditor :mad: !! They are!! The letter contains a plain lie and 1000's of people must have received this wording :mad:!!

Anyway.....whether it will help me or not is a different matter. I am sad enough to get some satisfaction from this 'man-watching.' Some awful things go on and there are many things in our advanced, highly civilised human world which need fixing.....:(

January2015

Brogden wrote: »

Hi Jan,

This all rings very true . W

Thing is Jan......I think the people at Arrow did know what they were talking about when they mentioned the appointment of collection agents. Arrow are just a bunch of back room bums who love doing calculations and working out their bumper profits for the Christmas do. The collection work they delegate.

The thing I am angry about is them not considering themselves to be the creditor :mad: !! They are!! The letter contains a plain lie and 1000's of people must have received this wording :mad:!!

Anyway.....whether it will help me or not is a different matter.

I think it will help you - all the while they are 'helping you' with your CCA request, they are not complying with it. You know, and they know, they are the predator under the assignment from the original predator. Surely that makes it {currently} unenforceable.

Results 1-0 to Brodgen methinks

Brogden

January2015 wrote: »

Results 1-0 to Brodgen methinks

Jan's Tipping Service.....get ur akers on this one !! A dead cert :rotfl:!!

I am thinking that to lie requires an apology to the liee......or even better a financial adjustment !!

Note:-
The person who lies is the liar. The person who is lied to is the liee !! That's contained in the Consumer Credit Act :cool: !! (lie!)

I went to town with an initially very pleasant female at HBoS (Lloyds.) I was very angry when I found she had lied to me on the telephone. When I informed her she was lying she became very frosty indeed and our relationship finished on the spot !! I am not always sure it helps .

Anyway......at least Arrow lie in writing so we all know where we're up to......yeah :T

sourcrates

Brogden wrote: »

Jan's Tipping Service.....get ur akers on this one !! A dead cert :rotfl:!!

I am thinking that to lie requires an apology to the liee......or even better a financial adjustment !!

Note:-
The person who lies is the lier. The person who is lied to is the liee !! That's contained in the Consumer Credit Act :cool: !! (lie!)

I went to town with an initially very pleasant female at HBoS (Lloyds.) I was very angry when I found she had lied to me on the telephone. When I informed her she was lying she became very frosty indeed and our relationship finished on the spot !! I am not always sure it helps .

Anyway......at least Arrow lie in writing so we all know where we're up to......yeah :T

Ha ha, Broggers,

I like the cut of your jib lol !!!

And agree with your analysis of DCA's/banks 100% !!!!

Brogden

Thanks !!

Had a senior moment with the spelling !!

Corrected now 'though I'm not sure 'liee' is in the Oxford English

January2015

January2015 wrote: »

Quick update on our move to self-managed DMP.

We've made one F&F offer for 40% of the debt. It was a small debt of £562 and we've offered £225. If they don't accept they can go back to £6 per month for the next 94 months but we thought it worth giving it a go:D

That was quick!!! Response received by email - offer declined.

Oh well - back to monthly payments then - makes no difference to me:D

phoenixx

Well - the tax bill is awful and DH has worked out that we can only pay it if we go to token payments for four months! :eek::eek:I have had to do token payments before but not for 4 months. Does anyone have any suggestions about letter template etc...I am really anxious about it and fed up as my employers (2) got it wrong meaning I have built up a huge amount owed. Any advice would be very gratefully received.

January2015

phoenixx wrote: »

Well - the tax bill is awful and DH has worked out that we can only pay it if we go to token payments for four months! :eek::eek:I have had to do token payments before but not for 4 months. Does anyone have any suggestions about letter template etc...I am really anxious about it and fed up as my employers (2) got it wrong meaning I have built up a huge amount owed. Any advice would be very gratefully received.

No idea of a template letter, but I wouldn't stress over it and I would write something along the lines of....

We are writing to update you as our financial situation has changed. We enclose a financial statement for ourselves giving full details of our situation. Our situation has changed due to an unexpected bill from HMRC. Please note this has been included in our financial statement as a priority debt.


We are committed to repaying our debts and are not simply walking away from them, but as you can see from this financial statement we will struggle to manage our priority commitments. We are writing to advise that we will only be able to make token payments of £1.00 per month until our situation improves. Whilst we appreciate that this offer is small, we feel it is the only realistic one in the circumstances. We anticipate we will only be able to pay £1.00 per month for the next 4 to 5 months.


We would also ask that you agree/continue to suspend interest on this account to enable us to make some inroad into the debt.

Wishing you all the best with this situation:beer: