Arrows/restons want us to provide them with the agreement! - old egg loan

[panther12]

I’ve been helping a friend for a few years now and with the help from this forum have more or less sorted out all the nasty dca’s.

Most disappear when they realise their empty threats have no effect.

 

Have got an unusual situation regarding an old egg loan that did the rounds back & forth to various dca’s.

 

We did request the agreement from egg a few years ago and they supplied some bumf that I didn’t feel contained all the prescribed terms of the cca

therefore placed the account in dispute.

 

However, if push came to shove I would not feel comfortable defending in court based solely on the documentation.

In the past we did make a F&F settlement to a previous dca to put closure to this but they refused and everything went quiet again.

 

Apparently Arrow Global purchased the debt a while back (although no NOA was received)

and now have restons solicitors doing their dirty work.

 

I informed restons the account was in dispute and they came back saying their client has no details of the dispute, asking us to provide details.

 

I wrote back summarising that in 2010 a statutory request was made to the original creditor pursuant to CCA

and in response they supplied a document which failed to comply.

 

I informed them of my F&F offer made to a previous instructed agent and extended that offer to them without any admission or liability in an effort to put final closure to this.

 

Before considering the offer they have come back wanting us to provide them with a copy of the agreement that we allege failed to comply with the requirements of the CCA 1974.

 

As Arrow are the new owners having purchased it from original creditor

then surely they should already have the agreement and all the paperwork that went with it and not for us to provide them with anything that could possibly incriminate us!

 

I feel the paperwork is defective but I sure as hell wouldn’t want to test that in court.

 

I’m also wondering whether any agreement / paperwork that was previously provided to us from the OC still exists

and may be lost or destroyed (especially as egg don’t exist anymore and I have heard they have been handy with the shredder).

 

Not sure what my next move should be or whether I am obliged to provide them with copies of any agreement.

 

They are the potential claimants so surely it’s for them to prove their case based on the documentation already in their possession and not provided to them from us.

[Desperate Daniella]

Clearly at the moment they haven't got a copy, so ask them to provide you with a copy of the agreement which they allege does contain the prescribed terms in accordance with CCA 1974. Under no circumstances send them what you have got.

[dx100uk]

yes cca them

 

is this on her CRAfile?

 

see below

 

dx

[panther12]

Thanks, will get onto that and send the cca

 

Yes it’s showing on the CRA file.

 

The original entry says defaulted 06/09 & a default satisfied date of 07/11 (I assume that’s when it got sold).

 

It’s been clear from the CRA until recently when Arrow have just started updating the file with a new default entry appearing for 04/13 (although the default date of 06/09 remains the same).

[dx100uk]

I bet they cant get a valid cca

 

prob an online application was it?

 

dx

[panther12]

5 months later Restons have finally responded to say that their client has provided them with a copy of the original Agreement which they say confirms that it is enforceable - so pay up or else. Interestingly they've not enclosed a copy of this so-called enforceable agreement.

[dx100uk]

hehe

 

they have no brains do they really...

 

dx

[panther12]

Ok so restons have sent what they say is a copy of the credit agreement. It was an online application in 2005 with tick boxes for signature which I believe at that time does not require hard copy sig.

 

The interesting thing that I notice, bearing in mind that we have all previous original documents, including the original letter from Egg enclosing 2 copies of the agreement.

 

The original letter says:

"Here's what's included with this letter -

Two copies of your loan agreement form, which have already been signed on behalf of Egg. The copy with the red corner is for you to sign and return. The other is for you to keep."

 

Both these hard copies are in our possession and signed by the bank but unsigned by the customer. The copy that restons have sent have ticks for signatures of customer & lender but the tick of the lender on behalf of Egg is a completely different name to the person who signed the original agreement. Is this significant?

[MrHat]

How much roughly is the loan and is there ppi?