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Default sums notice from Arrow

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SallywinSallywin Forumite
12 posts
10 Posts
MoneySaving Newbie
Hello, 
I have received letter from Arrow which looks like that:
Your Running Credit Agreement between Sally and NewDay ltd (now Arrow Global Limited) dated 9th March 2009 and numbered xxx.
This notice is about default sums and is given by us under the Consumer Credit Act 1974.
Get in touch: drydenfairfax.
The following default sums have become payable under the Agreement:
Date charge incurred: 20/01/2020    Description of charge: Issue costs    Amount of charge: £70   Date charge became payable 20/01/2020
Total amount of default sums included in this notice £70
Interest won't be charged for the first 28 day after we have given you this notice. However if the sums are not paid in full by that date interest may be charged on the default sum at the rate allowed under the agreement. However, we waive any right we may have to charge interest on the default sums stated in this notice meaning you will not have to pay interest on them.
Please contact drydensfaifax asap.
The thing is Arrow has issued a County Court Claim on 21st of Jan. I have acknowledge the claim with intent to defend in full and send them a letter asking for agreement, default notice and notice of assignment. I have received reply that they will get back to me when they have docs, but so far nothing has been sent to me. Today I receive this letter and I don't understand whether they can charge me for the debt they have yet to prove is mine. I don't have an original CC agreement so I have no idea what is in there and what they can charge me for.
If they have bought the debt can they charge interest or any fees? And if I understand if I don't pay this amount they won't charge the interest as they say they waive that right? 
Should I reply to this letter asking for agreement again? 
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Replies

  • D_M_ED_M_E Forumite
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    Have you tried an SAR to the original creditor - New Day Ltd?

    When was the original default date?

    Have you made any payment towards the alleged debt, or any acknowledgement of said debt, since 2009?

    If not then you should have a cast iron defence of the debt being statute barred.

    Did you send them a CCA request and/or a PROVIT letter, or did you simply write to them asking about what they had?

  • SallywinSallywin Forumite
    12 posts
    10 Posts
    MoneySaving Newbie
    I have not tried SAR. I don't know what is the original default date, I don't have a letter. In CC particulars of claim they didn't include a date of default notice, only that it have been served and not complied with. I sent Arrow a CCA request, not a provit letter. I have made few payments when the debt was passed to drydensfairfax, so statute bar doesn't apply. I just don't understand what is this Issue cost. Is this for the docs I have requested? But as far as I know the ones I asked for is free. I included £1 for CCA, which they have returned and said there is no charge. 
  • edited 17 February at 3:36PM
    sourcratessourcrates Forumite, Board Guide
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    edited 17 February at 3:36PM
    You have responded to the court claim by acknowledging service, that is good.
    I suspect the £70 may be there court costs, as I cannot think of anything else, don`t fret about that, there intent is to confuse you, and to panic you into making the wrong move, just sit tight for now.

    You don`t pay for the documents requested, they must supply them to support their claim, i suspect they may not be able to supply them, in which case the claim may be dis-continued, or stayed.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • SallywinSallywin Forumite
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    10 Posts
    MoneySaving Newbie
    The cc claim form does say legal representative's costs £70, so maybe this is it. I thought this is only payable if the CCJ is issued, is it not?
  • GalloglassGalloglass Forumite
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    Sallywin said:
    The cc claim form does say legal representative's costs £70, so maybe this is it. I thought this is only payable if the CCJ is issued, is it not?
    Costs including legal costs go to the winner. If they don't follow through then yes, nothing to pay. 

    The advice about getting the paperwork early is a must. If you have acknowledged then don't forget to defend too. You may not get the paperwork back in time so you might need to defend blind.

    Don't get lost in the system.
    Money Advice during Covid from Money Advice Service here
    Benefits Calculator here. Tax Credits (WTC/CTC) will be removed if you apply for UC. Take care. 
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  • sourcratessourcrates Forumite, Board Guide
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    Sallywin said:
    The cc claim form does say legal representative's costs £70, so maybe this is it. I thought this is only payable if the CCJ is issued, is it not?
    The cost of taking you to court (£70) will be added to the judgement, should they win.
    It is not paid separately, like i said, they like to confuse the issue.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • SallywinSallywin Forumite
    12 posts
    10 Posts
    MoneySaving Newbie
    So I have received letter today from drydensfairfax whose client is Arrow saying that 'an application has now been made to enter a county court judgement against you' and I will shortly receive a copy of the Order from the court... 
    I don't understand I have submitted my defence in time, received letter from court acknowledging defence. I have not yet received any documents from arrow or anything in regards to my defence. I thought claimant should write to me back before court action. The court letter, where my defence was acknowledged, states: 'if the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.' So does that mean, that CCJ already has been issued? Have they not skipped some steps?
  • sourcratessourcrates Forumite, Board Guide
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    Hi,
    They obviously believe your defense will not stand up in court, and are proceeding to ask the court to grant judgement in their favor.

    What was your defense out of curiosity ?

    The court will consider their claim, and your defense, and act accordingly.
    Arrow/Dryden`s do this on an industrial scale, they gamble on you either not defending or your defense collapsing, or you just not bothering to defend, then they win by default.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • SallywinSallywin Forumite
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    10 Posts
    MoneySaving Newbie
    Btw, my MCOL shows no CCJ information. Last transaction is my defence. DO debt collectors go to such lengths as writing about false CCJ issues? 
  • edited 24 February at 6:12PM
    sourcratessourcrates Forumite, Board Guide
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    edited 24 February at 6:12PM
    Sallywin said:
    Btw, my MCOL shows no CCJ information. Last transaction is my defence. DO debt collectors go to such lengths as writing about false CCJ issues? 
    Yes basically.

    The ability to lie proficiently, spin yarns, spread rumors, and basically tell you anything but the truth, are all necessary pre-requisites for DCA employees.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
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