Arrows/Drydens chasing old Mbna card debt - MBNA had no CCA.

[CreditWarrior]

Same scenario, and I've told Arrow that just because the purchased the alleged debt, that doesn't given them rights in any commercial affair concerning me so pack it in.

 

ALSO, that MBNA, knowing that the matter is in dispute, are breaching certain industry regulations.

 

PLUS, the alleged debt is apparently part of an agreement (unsubstantiated, unenforceable) between myself and MBNA, but because Arrow weren't party to that agreement they have ZERO rights. AND the alleged agreement is between me and MBNA, I have contended that there is NO agreement between me and Arrow of any kind, and they have in fact paid an unenforceable debt off in my name, which in law is deemed as a gift and I'm under no obligation to repay as I was not party to their actions. BTW, that account is now deemed SATISFIED and CLOSED on my credit file.

 

Dumbasses.

[BRIGADIER2JCS]

Hi Credit Warrior,

I don't know where yo get the idea that a bebt purhaser

have no rights to to pursue for payment of the debt, as when

debts are sold they are sold with ''All The Rights and Obligations

of The Original Agreement.

The File entry may just mean that Aroow have passed the debt

further down the food chain just to clear it off their books.

[Hecuba]

I have an outstanding credit card debt with MBNA and which I have never acknowledged I am the debtor.

I sent a CCA request to MBNA and they replied telling me due to fact they are unable to provide me with original agreement this debt cannot be enforced. However I should continue to pay them money due. I have never acknowledged I am debtor.

 

Then MBNA sold credit card debt to Arrow Global and Maddersons sent me letters demanding payment.

I sent CCA request to Madderson and they didn't reply.

 

Then out of blue Clarity became Arrow Global's debt collectors and Clarity sent me letters demanding payment.

I sent Clarity same CCA request and today received a letter from Arrow Global.

 

Arrow Global say and I quote

'We do not accept we are the creditor as envisaged by the above statute (statute is Consumer Credit Act 1974).

However we are willing to assist in obtaining that which has been requested.

 

We will now process your request for documentation from the creditor and will revert in due course.

We confirm all collection activity will be suspended pending provision of the documents.

We return payment of £1.00.' (That payment is the postal order I sent to Maddersons).

 

Given MBNA are unable to provide me with my original credit card agreement I do not think Arrow Global will succeed.

Any advice would be much appreciated because Arrow Global are refuting they are the creditors.

[robcag]

I think rather than sending the vultures a CCA request you ought to have sent a copy of the admission from MBNA, or even ignored them.

 

Good luck

Rob

[Hecuba]

Hi Rob,

Yes I did send Maddersons a copy of the letter I received from MBNA and that was when Maddersons went silent.

 

Then a month or so later Clarity became involved

I sent Clarity copy of same letter from MBNA.

 

I have succeeded in obtaining from Clarity written confirmation they will no longer ring me demanding payment.

But Arrow Global is another matter.

[robcag]

I've not been on CAG much for quite a while so I'm a bit rusty, however there do seem to be one or two issues here.

 

IMHO, the account is in dispute so I believe MBNA have gone against OFT guidelines in selling-on the alleged debt to someone further down the food chain.

 

Arrow say they have suspended their collection activity until they provide you with the document which MBNA do not have so I'd just ignore all their waffle. I'm sure others will be able to advise on who to report them to (OFT etc.) if you receive any further harrassment from them.

 

In the meantime continue non-payment of the alleged debt (I presume you're not paying).

 

Cheers

Rob

[Hecuba]

Hi Rob,

 

Many thanks for your helpful recommendations/advice and I have not been paying this alleged debt and neither have I ever acknowledged this old debt. I think they are attempting to bamboozle me.

[Fred Bassett]

Did you receive a notice of assignment from MBNA/Global?

Mine came in the same envelope I think, one saying "we've sold the account" and one saying "we've bought the account".

 

If you've got anything like that then it's difficult to see how they are now claiming they don't own it.

MBNA have offloaded a lot of accounts to Arrow Global recently.

 

Regards.

 

Fred

[Hecuba]

Hi Fred,

 

Many thanks for your email and I've just realised MBNA did not write to inform me they had sold the account to Arrow Global.

After MBNA sent me letter saying they weren't able to comply with my request for sight of original agreement etc.

 

I heard nothing else until out of the blue Arrow Global wrote informing me I allegedly owe x amount of money and I then realised MBNA had sold debt on to Arrow Global.

 

Hecuba

[Andyorch]

Hence the Assignment !!!

[Fred Bassett]

Yep, Arrow have (or maybe haven't bought a pig in the poke). This is all very strange.

[Hecuba]

I received two letters today from Drydrenfairfax solicitors who are acting for Arrow Global Guernsey Ltd. 

Both letters inform me there are two final charging orders on my home which I own outright. 

 

The two debts are credit card ones which originated with MBNA more than 8 years ago. 

At that time I was struggling with credit card debts and unemployed so I foolishly ignored the letters from MBNA. 

 

Then around 8 years ago I was told these two final charging orders had been placed on my property. 

Since then I heard nothing from MBNA and did not correspond with them. 

 

Then last week I received two letters from Arrow Global Guernsey Ltd. telling me they had passed the matter to Drydenfairfax

 I knew I would be receiving 'chase letters!' 

obviously Arrow global have bought these two debts for 'peanuts!'

 

Contents of the letters say

'There is currently no repayment arrangement in place to repay the above outstanding amount and your obligation to make appropriate repayments to repay this balance remains unchanged.'  The letter then states Arrow would be willing to accept a one off lump sum of x amount to settle my account. 

 

Drydenfairfax have also attached form concerning earnings/income which I will not complete. 

I am now retired and have only my state pension. 

I do not have savings so any advice would be most welcome. 

[dx100uk]

are there any charges showing on your Deeds?

have you checked?

 

ive merged your old thread here for complete history.

 

drydens send these letters out to try and make people wet themselves and get cash cowed, they are often totally wrong about there being any existing legal charges or CCJ's.

[Hecuba]

Hi it's taken me a while to locate the information but I 've now downloaded copy of my title deeds and there is only one interim charge on my property. 

 

Arrow Global took out the interim charge on 22nd September, 2008 and since that date until recently I didn't receive any correspondence from them. 

 

I've no idea which of drydenfairfax's two letters refers to the interim charge because the references do not match ones on the property register.

 

[dx100uk]

are you the sole owner of the property?

 

[Hecuba]

Hi I should have said I am joint owner of property with my brother.

[dx100uk]

then its a restriction k and is useless to arrows.

 

 

[Hecuba]

Does this mean I can ignore Drydenfairfax's letters?  Given that in fact Arrow only have one interim charge on my joint property.  

[dx100uk]

drydens are acting for their client who is....arrows.

 

 

 

[Hecuba]

Thank you and I will ignore letters from Drydenfairfax since the interim charge is a restriction K.