Help with Banner Jones/Arrow Global

[MikeyM]

Morning All,

 

Arrow Global started chasing me last year for an old overdraft debt of £837 from Lloyds TSB dating back to approx 2005. They passed it to Fredricksen, who eventually went away after i sent the 'prove-it' letter and then CCA request.

 

I've now had 2 letters frm Banner Solicitors, Sheffield S1 9EZ claiming they are acting on behalf of Arrow Global and basically saying they know i'm a home-owner and suspect i am in a position to pay. The 2nd letter says continued failure to pay will result in me receiving notice of intention to issue county court proceedings in accordance with the protocol provided for by the civil procedure rules.

 

Any advice please?

 

Thanks

 

Mike

[cerberusalert]

Send them the prove it letter too.

 

When did you last make a payment on this a/c?

[MikeyM]

hiya, i've never acknowledged this debt or made any payments whatsoever.

[cerberusalert]

I sounds as if it's Statute Barred or very nearly. You need to get them to prove the debt exists but an OD is not generally covered by the CCA so they will have to provide a statement of a/c. Failing that you will have to send the original creditor a SAR.

 

Have you checked your credit file to see whether there's a default for this a/c?

[MikeyM]

hmm, do you think its a double-pronged approach? send the SAR to Arrow Global? and the prove-it letter to BannerJones?

[cerberusalert]

I would send it to the bank not Arrow. You need to know the last time the a/c was active & when monies were paid.

[MikeyM]

ok will do.

still send the prove-it letter to Banner Jones to keep them busy?

[cerberusalert]

still send the prove-it letter to Banner Jones to keep them busy?

Yes, you need to keep them in a game of letter ping-pong until you get your SAR back, which could be 40 days.

[MikeyM]

ok, thanks for the advice. much appreciated

[MikeyM]

Hello,

 

Just had another letter from Banner Jones this morning 'Notice of Intention to Issue County Court Proceedings'. Basically threatening to take me to Northampton and get a charging order. No response to my 'prove-it' letter.

 

What should my next response be?

 

Thanks

[cerberusalert]

Send the muffins this;

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

[Sweeney Todd]

I've been having similar issues with Arrow Global and Banner Jones. Banner Jones have sent me three letters so far, the first on 15 February and the last dated 15 March (received today).

 

I have managed to find out that Banner Jones are the solicitors for Close Credit Management Ltd.