Arrow starting legal proceedings.

sourcrates

Helpless50 wrote: »

When i sign it with my signinture like A Nother do you mean put A Nother and then overwrite my signiture with 2 large X's.
Will they not just send it back again stating it's not a real signiture or they think i have just crossed it out and start playing games with me?.

You don't need to worry about a signature, sign it as normal.


Has been known in the past for a DCA to copy and paste a signature on an agreement, but as there is no requirement now for a signed copy to be produced, you do not have to bother about this.

Helpless50

Hello.
Yesterday i posted the prove-it letter with signature on it as they requested.
This morning i got a letter from Restons dated 12/04/2016 saying they are dissapointed that they have not heard from and Arrow are still open for a settlement or payment plan but i have to reply by 27/04/2016 or else.
Last week i got a letter from Arrow saying what i have paid for the last year to them which was nothing. On there was the date Arrow took on the debt and the date is 29/04/2010 which will be 6 years on the day.
I am sure i never paid anything that year to them or anybody else as i have said before my bank stopped any money going out in about August/September 2009 but i dont have the statements as my dad threw them out.

National_Debtline

Hi there


Your prove-it letter and Restons' latest correspondence have obviously crossed in the post. I wouldn't dwell too much on what they've said here, nor the arbitrary deadline of 27 April.


The date on which Arrow took control of the debt is irrelevant for the purposes of determining whether it is statute barred. The six-year "clock" is not reset when the debt changes hands.


I appreciate that you would like a swift resolution to this but now that you have sent the prove-it letter I don't think there is anything else to do for now other than sit tight and wait for a reply.


Dennis
@natdebtline

sourcrates

Just don't pay any attention to there propaganda and irrelevant timeframes Helpless, there letters are specifically worded to get you to contact them, the ridicules timescales they quote are utter rubbish, and mean absolutely nothing.


The sole intention of these letters is to get you to ring them, once they have you on the phone, out come the knuckle dusters, so to speak.
You've sent the letter, now ignore them until they produce what they are supposed to produce, oh, and don't be shocked if they say they have a record a small £1 payment made within the last 6 years, that's common too, usually a lie, but again, designed to put you off guard.

Helpless50

The sole intention of these letters is to get you to ring them, once they have you on the phone, out come the knuckle dusters, so to speak.
You've sent the letter, now ignore them until they produce what they are supposed to produce, oh, and don't be shocked if they say they have a record a small £1 payment made within the last 6 years, that's common too, usually a lie, but again, designed to put you off guard.

I sent the letter and got a reply today.
It said that i took out the card in 1999 and the balance owing and to my surprise last payment of £5 made on August 2010.
At the weekend i was at my dad's looking at stuff that he didn't throw out came by an old bank statement from March 2010 saying i owe £700 and the account is stopped and cards/cheque books canceled and for that month no payments were made to any body. I was paying a few £ a month to somebody in 2008/9 but i stopped near the end 2009.
I got a new bank account in that year and i never used that to pay them or anyone acting for the card.
The last letter from Arrow states that April 2008 the account was transfered to them for payment.
Restons last letter was only 4 lines long giving card name,balance and last payment and if they dont hear from me by 9th May they " be instructed to issue legal proceedings against me".
Do i wait or send a CCA to them?.

fermi

If you don't believe you made payment in the 6 years, then perhaps

http://forums.moneysavingexpert.com/showpost.php?p=63293669&postcount=8

fatbelly

Helpless50 wrote: »

I sent the letter and got a reply today.
It said that i took out the card in 1999 and the balance owing and to my surprise last payment of £5 made on August 2010.
At the weekend i was at my dad's looking at stuff that he didn't throw out came by an old bank statement from March 2010 saying i owe £700 and the account is stopped and cards/cheque books canceled and for that month no payments were made to any body. I was paying a few £ a month to somebody in 2008/9 but i stopped near the end 2009.
I got a new bank account in that year and i never used that to pay them or anyone acting for the card.
The last letter from Arrow states that April 2008 the account was transfered to them for payment.
Restons last letter was only 4 lines long giving card name,balance and last payment and if they dont hear from me by 9th May they " be instructed to issue legal proceedings against me".
Do i wait or send a CCA to them?.

It's a really shameful tactic that they often use to make up a date of last payment about 5 years ago.

They clearly know this is statute barred.

As you haven't acknowledged the debt yet and by their own statements it will be SB in 4 months, I'd just leave it till then.

Then tell them to stuff it.

If they were to start a claim, then defend it (including CCA and CPR requests) and put them to strict proof to evidence the £5 payment.

Helpless50

Hello.


Well today i got a letter from Restons after hearing nothing for nearly 3 months.
The letter states that if i do not call them by 27 July they will issue CCJ proceedings against me.
It mentions their client(Arrow) will accept a specially discounted settlement offer which could be a sunstantial saving to me.
On another bit of paper it gives me account opening date of August 1999, date of assignment 24/04/2008 and last payment of £10 on 26/08/2010.
As for last payment i am pretty sure it could not have came from my old bank as that had a default date of October 2010 of which i have now settled that.
My new bank i took out early 2010 and never used that to pay Arrow/MBNA at all.
What would you suggets i do now as for making a F&F settlement i could only get £500/600 as i am not working due to being laid of work i think for taking time of to look after my father in law as he is recovering from cancer ops/treatments.
I owe just under £5000 so i dont think they would take that amount would they?
Any advice on what to do now would be very helpful to me.

sourcrates

Hi,


Unfortunately its quite common for these companies to invent phantom payments of £5 or £10, just within the statute barred time period, if you know you didn't make those payments, then don't respond to them.


If, which looks likely, they do issue court papers, you would defend the claim on the basis the account is statute barred, they then have to prove to the court, that it isn't, no more smoke and mirrors then, if they put questionable evidence before a court, they will be in big trouble.


We can help you defend any claim, and tell you where to get good advice from.

Helpless50

Unfortunately its quite common for these companies to invent phantom payments of £5 or £10, just within the statute barred time period, if you know you didn't make those payments, then don't respond to them.

This is the big problem for me as i don't have any bank statements from then. I was with IF bank so most of that account was done online.

If, which looks likely, they do issue court papers, you would defend the claim on the basis the account is statute barred, they then have to prove to the court, that it isn't, no more smoke and mirrors then, if they put questionable evidence before a court, they will be in big trouble.

In court would they have to show how much was paid and from what bank account on a statement?

With only just getting on fairly good terms with my dad again and my partners father being ill i would like to this sorted as her father is going back to have another op in September and that will be a long time recovery for him. Would asking for a CCA from Arrow/Restons give me more option or make things worse? Lots of posters on here say dont call them but write to them but i only have a week if i have to send letters back and forth.

Thank you for taking your time to offer me advice.