Help with debt

Ryancoin · 25 August 2018 at 9:05PM

Sorry if it’s the wrong sub.

I’ve had Restons contact me in writing on behalf of Arrow global. They claim to own a defaulted credit card from Santander. Giving me until the end of July to get in touch.

I phoned them and told them this is the first I’ve heard of it. They said they would send me relevant paperwork and extended the deadline to the end of August to either pay in full or agree a payment plan.

All they sent me was a letter of claim saying arrow owns a debt from Santander.

I phoned them again saying I need account info as I don’t recognise the debt at all. I specifically asked them for proof. In the mean time I have told them that in good faith I would complete a financial statement.

I have pestered and pestered for a copy of everything and have only just received it today. All they have sent is a copy of all phone calls up until the date they sent the letter (the 15th), the notes they have written about the calls (one states I have no recollection of the debt and have asked for evidence), copies of the letters they have sent me on behalf of arrow, and various peices of internal paperwork from arrow saying there is a debt from Santander.

There is no copy of a credit agreement, account activity or anything. They have sent no proof the debt even exists or that they own it.

I have looked at the legal ombudsman website who say I should give them 8 weeks to respond to a complaint. However, in previous correspondence they have said they will not hold the account. The debt wouldn’t be statute barred until Feb so they have a long deadline to take action.

What I’m wondering is. If they don’t agree to hold the account pending my complaint and go for a CCJ What options do I have?

If they don’t have any proof of ownership or existence I assume the case will be thrown out?

However, if they did turn up with proof can I object and move to have the evidence removed from record? I have asked for everything they have so I can resolve this issue. If they don’t give me the evidence how am I supposed to dispute/defend myself? As I understand the process of discovery they have to supply all evidence. They haven’t done so.

Is there an option where I can pay the sum under duress of the deadline, before claiming it back as fraudulent?

Finally can use the fact it’s taken 10 days for the letters to be delivered? The latest one was tracked.

Thanks in advance.

antrobus · 25 August 2018 at 10:23PM

Ryancoin wrote: »

...

What I’m wondering is. If they don’t agree to hold the account pending my complaint and go for a CCJ What options do I have?

You enter a defence.

Ryancoin wrote: »

...
If they don’t have any proof of ownership or existence I assume the case will be thrown out?

Probably.

Ryancoin wrote: »

...
However, if they did turn up with proof can I object and move to have the evidence removed from record?

They won't just 'turn up' with the evidence. It should be lodged with their claim. You can object all you like, but a judge is unlikely to ignore evidence just because you don't like it.

I believe that what you are supposed to do is send them a Prove It letter.