Drydens & Arrow Global

HughR

I need some advice on an old cc debt that was sold to arrow global over 6 years ago.
No payment or acknowledgement has ever been made to arrow. The last payment to the original creditor was made over 6 years ago.

Drydensfairfax are seeking payment or they will take me to court. I have said this is statute barred, however they say arrow issued a default in 2013 so not SB. Bearing in mind I have never acknowledged or paid anything to arrow, are they correct in saying this is not statute barred?

sourcrates

Hi,

Makes absolutely no difference to the statute barred status, when the account was defaulted, they are either attempting to deceive you, they are incompetent, or both.

Six years, or more, with no payment or written acknowledgement by yourself would make the account statute barred.

You should write back, tell them there talking rubbish, and threaten to take them to the FOS for attempting to collect a statute barred debt when they know it's not collectable.

sourcrates

Send this to them :

Dear [Creditor / Debt Collection Company],
I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.

I deny liability for what you are claiming. In addition I have not made a payment to this debt or acknowledged it for over six years. This debt is therefore statute barred and I will not be making any payments to it.

And for the avoidance of doubt, the date of default has no bearing at all on a debts statute barred status.

Under the Limitation Act 1980 you cannot take court action unless you can provide evidence of payment or written contact from me within the past six years. The Financial Conduct Authority rules state:

CONC 7.15.4 Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.

CONC 7.15.8 A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

If you continue to contact me about this debt, I shall put in a complaint to the Financial Ombudsman.

Yours sincerely, [name]

fatbelly

It would have been defaulted by the original creditor before it was sold to Arrow.

The default would have been registered 3-6 months after you stopped paying.

This is just a credit card or loan, not something exotic. It's easily statute barred.

I don't suppose you've got a default notice from the original creditor, or an old credit report showing it?

See if they've got the balls to start a court claim on it.

sourcrates

fatbelly wrote: »

This is just a credit card or loan, not something exotic. It's easily statute barred.


See if they've got the balls to start a court claim on it.

Old credit card apparently.

HughR

Hello everyone, thanks for your replies. The account is an old credit card (Providian).

No payment or acknowledgment has been made in over six years yet arrow are claiming a default was registered by the OC in 2013. How can this be correct?

My clearscore report says in 2013 I made a late payment on my "arrow global account"

I have never paid anything to arrow global so I don't understand what they are doing.

sourcrates

HughR wrote: »

Hello everyone, thanks for your replies. The account is an old credit card (Providian).

No payment or acknowledgment has been made in over six years yet arrow are claiming a default was registered by the OC in 2013. How can this be correct?

My clearscore report says in 2013 I made a late payment on my "arrow global account"

I have never paid anything to arrow global so I don't understand what they are doing.

As I said before, registering a default has no effect on its statute barred status, a default can be registered at any time.

They are trying to confuse you, hoping you don't have knowledge of the subject, and will just pay up.

They are a debt collection agency, that's how they make there money, from lies, threats, and intimidation.

Do as advised and send the letter above to them.

HughR

I have found a Monument statement from 2010, and matched this with my bank statement showing the last payment was made in January 2010. The balance matches the amount claimed.

I do not believe it would take the OC 3 years and 2 months to issue a default. My credit report shows the account as arrow global and does not have an entry for the OC.

fatbelly

HughR wrote: »

I have found a Monument statement from 2010, and matched this with my bank statement showing the last payment was made in January 2010. The balance matches the amount claimed.

I do not believe it would take the OC 3 years and 2 months to issue a default. My credit report shows the account as arrow global and does not have an entry for the OC.

If that was a contractual payment then the breach of contract (the 'cause of action') would have occurred in Feb 2010 or possibly early Mar 2010.

The account became statute barred in March 2016

The default should have been registered by Monument by Sept 2010

The fact that 'balance matches the amount claimed' shows that no payment has been made since that time. The late payment is a fiction.

sourcrates

HughR wrote: »

I have found a Monument statement from 2010, and matched this with my bank statement showing the last payment was made in January 2010. The balance matches the amount claimed.

Then you have very good evidence that there claim is fictitious.


You can either write and advise them of this, or wait and see if they start a claim, then use it as evidence.

fatbelly

Part of me hopes they start a claim and cite a made-up payment.

A decent judge would kick their a*s*