Arden and recon on lombard direct loan.

[roaringgirl]

Any templates for letters???!!!!!

[dx100uk]

why do you need a temple........

 

simply write what you want to happen

 

my example will do.

 

dx

[dx100uk]

who was the org creditor?

 

dx

[dx100uk]

ah i see after merging 3 threads this was a lombard direct loan.

 

dx

[smithy70]

Oh boy this is mighty confusing

Moorgate/Arden are one and the same, both Solihull if you notice

 

Let me get this right

Lombard Direct sold ( I assume you mean assigned absolutely) the debt to someone, possibly moorgate. If that is the case Lombard will have no more records of your account since the date they sold it.

Arden have sent you a list of payments they say you have made, but these do not add up to what you know you have paid

You sent a cca request and got a recon back also admitting they do not hold the original agreement

 

So I think you first need to check who does own your agreement. One possibility is to check your credit file although if the default was over 6 years ago which I think it is , nothing should show.

The other is to write to Arden asking for the balance of the account, a statement of all payments and if they are acting on behalf of anyone/who owns the alleged debt

 

Now on to MBNA

MBNA sold your agreement to Moorgate/Arden . You sent them a CCA request that they haven't replied to?

Have you sent them a reminder?

 

You need to remember what the definition of enforcement is , there is case law and it is basically anything up to and including the issuing of a summons, although a judge would look very poorly on a summons being issued where there is no agreement so that is only likely (IMO) where they are expecting no defence.

I am basing this on the fact that both agreements are made pre April 2007

 

Have I got that right?

Edited December 20, 2012 by smithy70

[BRIGADIER2JCS]

No, Lombard will still hold records that is why we send SARs to the original creditor,debt is sold in bulk with little detail other name. contact details name of OC and amount outstanding.

 

General debt collection letters etc are not to be considered to be enforcement, court action is enforcement.

 

A summons is not issued in a civil case such as this.

[smithy70]

Sorry misunderstanding.

Lombard will have no records of what happened to the account AFTER they have sold it, hence it is no use asking them where the money went that was paid to Arden (if the account had indeed been assigned absolutely)

 

Maybe a poor use of words but by summons I was referring to issuing of proceedings in thecounty court. I was hoping people would appreciate that.

 

The meaning of enforcement is set out in McGUFFICK v RBS [2009] and includes anything up to and including issuing of proceedings

[dx100uk]

IF they sold it.....

 

dx

[BRIGADIER2JCS]

There is a significant difference between a summons to appear in court and a claim issued in a civil court new users may be led to believe that their debt is a criminal matter.

[roaringgirl]

I can't find my original thread so I have to begin a new one

 

Arden

 

1) CCA'd them - they provide a 'recon' - it has no name, no address, no signature, no T's & C's - nada

2) I write to them tell them it's not acceptable

3)I write a cca non-compliance letter and stated I do not recognise the debt

4) I SAR'd Lombard Direct for all the records they returned the cheque saying all records had been passed to Arden - BUT Arden don't have a copy of the original document.

5) They have now written saying they have passed the account to an external company called 'Resolvecall' who will arrange a visit within 5 days to 'discuss the matter in person' and we may be charged £100!

 

What do I do next?

[maroondevo52]

Hi roaringgirl.

 

I have merged your threads, to find any thread you have started, click on your own username then 'find all started threads'.

 

Regards,

 

Scott.

[roaringgirl]

Ah - thank you

[roaringgirl]

Any suggestions anyone? Anyone else experienced this?

[BRIGADIER2JCS]

Please be patient it is a weekend.

Have Resolve Call contacted you, there is little you can do until they do, then you tell them that the account is in dispute,due to non compliant recon agreement.

[roaringgirl]

Ok - apologies! Ususally I get a response quicker than this! Patience is not a virtue of mine.

 

No, resolvecall have not contacted me - I am going to SAR Arden - I don't think they will have anything, Lombard Direct didn't.

 

If this is the case, then surely they do not have a leg to stand on?

[BRIGADIER2JCS]

A SAR to Arden imo is a waste of a tenner, they will have data from since they aquired the debt as debts are sold with the minimum of information.

When RC contact you that is the time to act.

[roaringgirl]

Ok - I know I am being a pain, but I need to get this right.

 

I haven't told Arden we dispute the amount they say we owe.

 

They have not provided a recon either... although they say they have.

 

If I tell resolvecall the account is in dispute and they try to arrange a home visit and charge me £100 - what do I do then?

[BRIGADIER2JCS]

The charge is nonsense, and a threat even if they do call you do not have to pay it.

 

Also when telling them the account is disputed , tell them visits are not acceptable under any circumstances.

[roaringgirl]

OMG! I have just got the original debt amount from Payplan from October 2004

 

 

 

Original Debt £2105.95 – Monthly Payments £40.13 x 105 months = £4213.65

They owe us money! A bloody lot of it!!

Ok - how do I deal with this? I want my money back!

[BRIGADIER2JCS]

Ok get all the documentary proof of this together, and list it claerly I can easily draft a letter for you to send, if there are details that you don't want on the open forum (bank details eg) please pm me and I''ll do the letter tomorrow.

[dx100uk]

said that post 9!!

 

go get 'em ruddy fleecers!!

[roaringgirl]

Right - I have a copy of every single payment made to Payplan since October 2004 and a copy of the email sent to me from Payplan stating the original outstanding loan. What else would I need?

[roaringgirl]

I know you did DX - it has taken me a while to get all the info. The same thing has happened with Lloyds - we still owe them but very small amounts. I need to dig up stuff on them too. Won't go on about it in this thread though.

[BRIGADIER2JCS]

Ok just put it in chronological order for me and I''ll do it in the morning for you.

[roaringgirl]

It's already in chrolological order