Stat demand - ARROW GLOBAL LLC ***WON + COSTS ***

[twofoot]

I'd send them a letter advising what the dispute is and tell them you will be defending any statutory demand and will apply for costs. Hold fire and someone may post a suitable letter for you. All my letters from them where just empty threats, nothing more.

[lorri-croft]

Thanks Two-Foot......no other responses as yet from any other CAGGERS re my post 30/5.....

Edited June 7, 2009 by lorri-croft

[lorri-croft]

I hope someone can give me advice / information on this please.

 

Full details of ‘history’ so far above on this thread.

 

Decided to wait to see if SD issued (just a threat or serious) before taking any further steps as, although Arrow Global LLC say ‘not aware of any dispute’, the CCA request sent recorded delivery Oct 08 was received by Cope’s (proof kept) and was acknowledged by letter by CBS Transcom (agents instructed by Arrow at the time) who said they would request documentation from their Client.

In the meantime, I’ve reacquainted myself with the paperwork I have and, with a newly-acquired scanner, am able to scan documents in.

 

My questions are as follows:

 

· LETTERS

Are the letters the ‘notices of assignment’? Also, do they look ok? On letters 3 & 4 (where Arrow come into the picture), the word/logo ‘Monument’ appear all fuzzy, as if scanned in. Is that common practice or has it been done to make the assignment to them look genuine?

 

· CRA ENTRIES

Do they run in order of entry. Ie. C12 first, C13 second etc. If so, how can Arrow be BEFORE Raphaels? None of the dates seem to tally with the dates on the letters saying when transfers took place.

How can Arrow place a default entry BEFORE the debt supposedly passed to them?

 

Not sure why there are 2 entries for Raphael’s Bank. Any ideas?

 

· DEFAULTS

No letter of Default has ever been received from ANY parties involved (including the original creditor-debt sold whilst repayment programme in place). My question is, if none have actually been issued and they go for SD, how can I prove none were ever issued? Could they just ‘magic’ one up and say it’s been sent previously, just not received? This would be easy to work out I suppose as no interest has been applied since the original repayment programme was received.

 

Apart from the failure to comply with CCA request, I’m looking for any other possible angles to have an SD set aside, should they go for it, so any advice appreciated.

 

 

 

 

SORRY, Trying to get scanned docs on here...please be patient.

Edited June 7, 2009 by lorri-croft

[Belaflat]

Lorri, if it will help to ease your mind, a friend of mine has had the exact letter you have had and up to now, nothing has happened.

Until such time as a Stat Demand is served, I would not worry too much, chances are it is a high level bluff.

Should they follow through with their threat and actually serve you with it, the non production of a valid CCA is sufficient to have it set aside.

Are there any charges that may have been added to the total also, this is another reason to dispute the debt and have the SD set aside.

[lorri-croft]

Thanks for your comments, Belaflat. I'm hoping Arrow SD threat is just a bluff, although you just don't know. Time will tell.

 

With regard to your coment about charges, the only charges were when card was with OC and were only £12 x3 late payment fees and £12 x2 overlimit fees. OC were reasonably prompt in agreeing a repayment programme when we realised we couldn't keep on top of card debts any longer, and when debt passed on, no-one has added anything further to date.

 

Can anyone respond to my specific questions on post #28 please? (scan letters on post #30)

[42man]

Can anyone answer my questions on prev post??

 

I think a CCA request to Arrow would be a good idea also....send the SAR to the original creditor too (£10 in postal orders and send all by recorded/guaranteed delivery)

 

Have a read of this - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205491-capquest-statutary-demand-urgent.html

 

Lorri I would also urge you to report this to the OFT also....

 

Does it say on the demand that the debt had been 'assigned' or 'purchased' ?....

 

Just copied this from Transcom's website... -

Across Transcom, the following credit-management code of ethics is applied:

 

• All debtors must be treated in an open and respectful way at all times
  

[lorri-croft]

Anyone know enough about Defaults/CRA/NOAS's to answer my general questions in #28?

[lorri-croft]

Hi,

 

My husband had a SD served today from Arrow Global LLC.

 

To see the history so far, please see my original thread:

 

HELP! NEED ADVICE re ARROW GLOBAL LLC and COPE'S SOLICITORS (link on next posting.)

 

 

Summary is:

 

Debt went 'round the houses' after Barclays sold chunk of debts off in 2007 and finally ended up with Arrow Global LLC, with CBS Transcom instructed as agent and Cope's Solicitors also instructed.

 

CCA agreement requested Oct 08 via Cope's and letter from CBS Transcom received Nov 08 advising that documentation requested from their client. NOTHING RECEIVED TO DATE.

 

May 09, Arrow Global LLC took back control of chasing debt themselves and have today issued SD.

 

• Please, advice on next step to try to get Demand set aside?
  

• Just for info, they've put OC as Compucredit on SD, but they were who passed it to them. They were NOT OC. Does this make any difference?
  

• Also on SD it says 'Debtor failed to comply with terms of agreement and provide payment in accordance with the terms and conditions therein. A default notice had een served upon the debtor and the agreement subsequently terminated as a non-compliance with the default notice'. NO DEFAULT NOTICE EVER RECEIVED BY ANY OF THE PARTIES WHO HAD A HAND IN THE ASSIGNMENTS. Just so I can get my head round this, can anyone look at previous posting re CRA records and Defaults as it doesn't make sense. How can someone put a CRA default BEFORE they supposedly had debt assigned to them and, why two Raphael's bank entries?
  

Any enlightenment / help / advice gratefully appreciated .

Edited July 1, 2009 by lorri-croft

[silverfox1961]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165741-help-need-advice-re.html#post1783216

 

hope that helps

[lorri-croft]

Thanks for the link, Silverfox.

[NitrousOxide]

Can I ask if they named your local county court?

The one I'm dealing with named the court miles away that everyone knows as the main magistrates court (it does have civil as well). The person got quite scared until I reassured them.

[lorri-croft]

They quoted our local County Court on the SD.

[42man]

OK....you've got 18 days from the date you received the demand to set aside, you'll need to fill out forms 6.4 (set aside) and 6.5 (affadavit)....you can find the forms here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html

 

I don't think you have sent a CCA request directly to Arrow have you ? Although the judge will not like the fact that the debt was disputed previously and the previous company are still in default of your request.....

 

Once you have filled out the forms, take them with the original stat demand (keep a copy for yourself).....and submit them to the court named on the demand, you will need to ask them to swear in your affadavit and any other paperwork you might use in your evidence (such as the CCA request you made previously).....We can submit your costs 24 hours before the start of the hearing....

 

Please have a read of this....

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/154693-1st-credit-connaught-bankruptcy-4.html

 

If you aren't sure of anything please shout.....i'm happy to help..

[lorri-croft]

Thanks 42man.

 

We did not send a CCA request directly to Arrow as, until the threat of SD, all our correspondence came from either CBS Transcom (the agents Arrow had instructed to liaise with us on their behalf re the debt) or Cope's solicitors. However, we do have the confirmation that CBS were requesting the paperwork from their client, Arrow Global LLC.

 

I'll read the link you sent...

 

I have to say, this is the first time we've done this and, I'll definitely need help filling out forms etc.. as it's all new and I'm not legally minded at all.

 

• Do you have any thoughts on my other comments re Defaults and Compucredit not being OC etc?
  

[Docman]

Hi Lorri

 

I've read your other thread. Looks like Arrow Global are trying a different route with the SD but I'm not sure they have taken collection 'in-house'. I'll explain below but first you will need to respond to the SD. ScabHunter set out some good advice in your other threrad (post #12). Can you start to fill in the form. There are also some stricky's around on how to deal with SD and the kind of witness statement that should be completed.

 

Now, just by co-incidence the address you quoted for Arrow in Manchester in your other thread is the address for a new firm of solicitors who started practicing at the end of last year. Their name is Millbank Edge LLP. Full details are on the Law Society's website. Now they may have nothing what so ever to do with Arrow but odd thing is, they do not a phone number listed. I wonder if you rang the '0800' number quoted at the top of the letter from Arrow Global and asked for Millbank edge or one of the two solicitors, who would respond. if you do, let us know how you get on.

[lorri-croft]

Any advice please.

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF01072009_00001.jpg FORM 6.4

 

Being a bit dumb, can you help with bits i've circled/questioned?

re (d) should this be Arrow Global LLC or Ltd?

Reason I'm asking is, on the SD the creditor is LLC (with USA address) BUT SD is completed / signd by Head of Litigation from Arrow Global Ltd (10th Floor, 3 Hardman St, Manchester). Just want to ensure no silly errors.

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF01072009_00000.jpg FORM 6.5

Well, it's a start! Already admitted I'm a novice at this!

 

Just seems a little bare. Is this enough / worded correctly?

 

 

 

Should I be putting anything re the following:

 

Compucredit NOT OC? Was passed to them from OC (via Raphael's Bank).

 

Default never received? So don't know if/who issued and if valid or not.

 

 

Don't think can claim any unlawful charges as, OC pretty promptly agreed repayment programme and suspended interest.

 

 

I've never requested any other documentation from anyone apart from CCA request so have little to go on. Should I be requesting anything else at this time and if so, from whom? SAR?

Just for my own knowledge, what's difference between requesting info under SAR and under CPR rules and when should you apply either?

 

Edited July 2, 2009 by lorri-croft

[lorri-croft]

BUMP re post 9#.... still need advice / questions answered.Please?

re Form 6.4

Found someone else's recent posting so answered two circled parts. Just need (d) answering now.

 

Rest of post still need answering.

Thanks anyone.

[42man]

Is the address of Arrow on there ? it should mirror what is said on the demand.....also you could send a SAR, as I was led to believe that the Civil Procedure Rules only apply in civil procedures, whereas the statutory demand is led by the Insolvency laws.....I may of course be wrong (hopefully somebody will clear this up)......

 

As for the affadavit state that you totally dispute the debt.....

 

Don't forget the other aspects too, like non compliant default notice, statements, penalty charges, notices of assignment etc....

 

What are in the particulars of the demand ? (don't be specific with the numbers though)

[the_shadow]

as I was led to believe that the Civil Procedure Rules only apply in civil procedures, whereas the statutory demand is led by the Insolvency laws.....I may of course be wrong (hopefully somebody will clear this up)......

 

I've seen on this site confirmation I think from PT2537 that you are indeed correct... as always

 

S.

 

Whilst normally this site wisely advises not to contact the OC or DCA, in this instance the ability to get hold of the named person on the SD is another bullet with which to shoot down this demand.

 

If you call and get through all you need to state is that you will be requesting your agreement from them forthwith or just that you will be applying for set aside and put the phone down.

 

If however you dont get hold of the named person log the time and date of the call and who you spoke to. Repeat a couple of more times tomorrow and document this on the form as an abuse of process for Stat Demands. You HAVE to be given the opportunity to speak to the person issuing this demand as part of the Insolvency act rules.

 

Just my opinion tho and others may differ....

 

S.

[42man]

Just to back up what TS has said -

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

 

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

 

You need to put more on the affadavit.....

[the_shadow]

Apologies to add to the amount of reading but this thread holds important info too..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

 

S.

[lorri-croft]

Oh wow!!! Suddenly bombarded with responses like a hail of bullets!!

 

Firstly, I'm attempting to download the SD issued so all can see it. Here goes....

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF02072009_00000.jpg

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF02072009_00001.jpg

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF02072009_00002.jpg

 

http://i151.photobucket.com/albums/s156/shaunieman/DCA/CCF02072009_00003.jpg

 

 

42Man-your link suggsted in #13 said 'no thread specified. Notify administrator' so I've done so but, obviously, I can't read it!

 

All comments gratefully received...will digest and (no doubt)I will have more questions. Any of your questions raised I will try to answer shortly.

[NitrousOxide]

BUMP re post 9#.... still need advice / questions answered.Please?

 

re Form 6.4

Found someone else's recent posting so answered two circled parts. Just need (d) answering now.

 

Rest of post still need answering.

Thanks anyone.

 

 

I did my friends today too.

The first bit you circled on form 6.4 is actually the creditors name and address as it's them you are asking to appear.

 

Your affidavit is a bit short as well. Hit them with all and everything you have.

Edited July 2, 2009 by NitrousOxide

[42man]

Try this - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205487-capquest-statutory-demand-urgent.html

[NitrousOxide]

I was confused too about what company to put. It's quite deliberate that they do this.

Arrow Global Limited is who your account is with, it is they who are chasing and it is them on the SD.

Hope this helps.