Shoosmith on behalf Arrow Global

chess321

Hi all,

I was wondering if anyone could help. I have today received a letter from Shoosmith on behalf of their Client Arrow Global for an MBNA credit card I had around 2009.

Quick summary, about 10 years ago I (for various reason) got in all sorts of debts about 35K. I went via step change and got onto a DMP which is still standing (most of the creditors are happy with the current payment) however MBNA about 4 years ago stopped collecting the money, and nothing else until a few weeks back when Shoosmith started chasing me.They do seem to have the correct account details etc.

Question is: Do I ask for a CCA to Shoosmith? Or would I need to ask Arrow Global? the 5K they are demanding would put myself back to square one with regards to the debts......

What would be the process on this? Any advice would be welcome.(ps those who would want to put a "Moral ..pay and that is it" please do refrain to reply

chess321

I should add that I am not sure if the debt with MBNA was paid in full or not (I am kind of worried it was not )....hence if I owe the 5 k they are demanding (which is nearly as much as the credit card amount was owned in 2010...

BrightLights14

When was the last time you made a payment towards the debt, be it through Stepchange or directly?

chess321

MBNA 2009 then went onto the DMP and the last payment to them was made in 2014 (that is when I kind of thought all sorted with one...) only 10 more to go ...I was wrong.

BrightLights14

I'm a bit confused. Usually in a debt management plan where there are multiple creditors, your monthly payment will be split between them on a pro-rata basis. So if you owe Creditor A £5k and Creditor B £10k, and you pay £100 a month, each month Creditor A will get £33.33 and Creditor B will get £66.33 until all the debt is paid off.

I'd give Stepchange a call to clarify if I were you. If payments are being returned, your account with them should be in credit so I'm surprised they haven't asked you to do something about this sooner.

fatbelly

This does sound like it's heading towards a court claim.

I would do a cca request (to Arrow) as non-compliance is a reason to stay the claim.

The payments should have gone to the new owner of the debt when it changed hands - something went wrong there and you should discuss this with stepchange - also to check if a dmp is still the best strategy for you.

chess321

I ll get in touch with Stepchange...unless (and this is possible) the payment was refused once it was sold to a new "creditor"? I ll request the CCA and I presume that if they can not provide that I should have some "breathing" ground? as they would not be able to enforce it without any valid agreement?