Dryden/ -claimform - old cap1 'debt'

[BRIGADIER2JCS]

Do you know when the last payment was made and/or what the default date is also have you checked your credit reference files?

[snows]

Thanks Brigadier - I'm afraid not

 

- I started having financial problems about 5-6 years ago

 

- I had a number of DCA companies constantly hounding me to the point I was in such a state I couldn't bring myself to open the letters they sent and I destroyed them.

 

I will look to check my credit reference file.

 

Have today received a letter from Fredrickson regarding the same debt,

 

stating this is my last chance and I should contact to make a full and final payment.

[BRIGADIER2JCS]

Hi, don't worry about Freds who act as AGs tame '' debt collector'' they try to intimate that passing the account to them is an escalation of the collection process ha bloody ha,

 

the next step you most likely see is a letter from Bryan Carter (same address as Freds)

 

a solicitor for rent who will threaten the end of the world, court, bailiffs the lot,

 

the if they issue a claim back off at the first sign of a defence,

 

yes they are that predictable.

 

Ignore Freds for now. Get the CRA file and come back.

[snows]

Hi Brigadier - thanks again for your help.

 

Have checked my CRA and the default date was 2009,

 

although I'm sure it was a while before that that I stopped paying,

 

so looks like the debt will not become SB for some time.

 

Not sure where to go from here.

 

The CCA is a copy of the application form with a CCA section at the bottom, the lender signature has definitely only recently been added.

 

There are 7 photocopied pages of T&Cs.

 

There is also a copy of a letter from Cap One to me, which is undated, has my current address on

thanking me for my recent request and enclosing the current agreement terms and conditions,

but I have never contacted Cap One direct.

 

I really not sure what the best action would be now

- do I challenge what they have sent or just try and negotiate a reasonable F&F payment.

 

It's taken a while but I am slowly but surely getting back on track with my finances

and not sure I want to risk doorstep callers or possible court action.

Any advise would be welcome. Thank you

[BRIGADIER2JCS]

Ok, can you please post a suitably redacted dopy of this app form here so we can see if it is compliant?

[snows]

Hi Brigadier

Apologies if I have not attached this correctly - not very good at these things

 

I've attached a redacted copy of the Cap One Short Application Form/CCA Agreement - can anyone

verify if this is document is acceptable as a true copy of a CCA or not? Thank you.

[snows]

Hi all - would anyone be able to cast their eye over the attached document I've been sent by Arrow Global. Does it constitute a true copy of a CCA and is it enforceable. Have received another letter today threatening just about everything except public execution! Would be grateful for any assistance. Thank you

[Old Cogger]

bump

[dpick]

Hi I cannot read the date but I believe the bottom right of the document has a date code of 04/04 and as such it would need all the prescribed terms and as such should not be enforceable in court you would need to see if they have a real agreement I had a 2000 Cap 1 card and Cap 1 were able to produce the full agreement.

 

dpick

[BRIGADIER2JCS]

IMO this is no more than the title suggest a ''short application form' therefore does not satisfy a section 77/78 request under CCA 1974, a shortened for must by inference be incomplete.

 

Should be rejected and the account formally disputed.

[snows]

Hi - Would appreciate some advice.

 

I have a debt with Cap One - not quite statute barred.

 

I sent a CCA request to Cap One and they were unable to supply one and the debt was then passed to Arrow Global.

 

I sent another request for a CCA to Arrow Global and they provided some paperwork in May this year which I now understand does not constitute a true copy of a CCA.

 

I understand I should have put the debt into dispute, however I have not done this as yet.

 

I've received a letter from Arrow Global 2 weeks ago advising the debt has been passed to Scotcall.

 

As of this week I've started receiving phone calls and texts - today's advises I have failed to contact them and I should phone to pay the full amount.

 

There is no way I intend to do speak to them over the phone,

 

but having read up on this company, I understand there is every chance they will pay me a visit at home

- I am out during the day and do not want these people turning up as I have my elderly mother living with me.

 

Not sure whether to sit tight and wait or to send another CCA request

and one of your letters re doorstop visits and only communicating in writing before things progress.

 

Thank you in advance

[citizenB]

Scotcall are just the collection arm of Arrow Global.

 

They are not actually permitted to simply turn up on the doorstep and if they do, just ask them to go away. You can still put the account in dispute if the paperwork supplied does not pass muster.

 

Do you know if there were any default charges on the account or Payment Protection Insurance.

[snows]

Hi CitizenB - thanks for responding so quickly. In answer to your question I'm not sure - would I get this info by sending them a SAR request?? Would I send the dispute letter to Arrow Global or Scotcall?

[citizenB]

If it were me, I would sent the Dispute letter to Arrow Global, but also send a copy to Scotcall and mark it copy. You could send the Original to Arrow Global by recorded delivery and to ScotCall with just a free proof of posting.

 

Subject Access Request goes to the Original Creditor - you will find a draft SAR request in the CAG library - click on the Green Library Link at the top left of the screen. You will need to send £10.00 with the request (by postal order) and they have 40 calendar days to comply.

[fletch70]

If the account is almost SB I would suggest that it is not worth your while trying to reclaim unless the cost of any charges +interest is higher then the balance.

I would just send Scotcall the no doorstep/in writing only letter . That has worked for me in the past and they have scuttled away.

 

When do you believe the SB date is and on what basis?

[fletch70]

P.S I think Scotcall have an email address so you could email the copy to them. I usually email then throw a copy in the post 2nd class proof of posting....no extra effort as its on the laptop anyway

[citizenB]

thanks for that fletch, I didn't realise there was an email address for them - that would save the cost of the stamp for sure

[fletch70]

enquiries@scotcallgroup.com but I used enquiries@scotcall.com and had emails from them as well

[snows]

Thanks Guys - will do as you suggest.

 

I think it will become SB in about 12 months.

 

To be honest at the time, I was being harrassed left, right and centre by a number of companies and completely lost the plot

- I used to bin their letters as I couldn't bring myself to open them, so I don't have a clear record of events.

 

It's really only since I discovered this site that I've got my head round things and am getting back on track with my finances.

 

Would I get the exact date from the SAR info?

[oleg]

Small point of clarification.

 

Scotcall are not an "arm" of Arrow but one of about 15 DCAs they use, like many other creditors.

 

Whether one of their commission-only doorsteppers comes is luck of the draw but these sad characters are easily disposed of.

 

I personally would not bother contacting them as it betrays a sense of worry,

 

in fact i'm currently ignoring four separate threats from them,

like ten or more before,

but i appreciate your concern for your mum.

 

Just take great care not to acknowledge the debt in anything you write or your SB will be trashed.

 

And best to write from a temporary disposable email address unless they

- or Arrow - know your real email address already.

[dx100uk]

good thoughts.

 

is this debt on your CRa file I bet not now

going by your other debts.

 

dx

[dx100uk]

its also better if you stick to ONE THREAD PER DEBT snows.

9 threads on the same debt merged.

 

pers i'd not be sending anything as you've already CCA'd them.

 

they know the score already.

 

dx

[dx100uk]

have a look on Noddle for the last payment date.

 

don't go by the default date to calc the SB date.

 

dx

[fletch70]

I would still send the in writing only and no visits letter because it will stop them and calls can be irritating and inconvenient and the possibility of someone turning up is always a worry.

Secondly I would tell them it is in dispute, remember Arrow are floating and as such every CCJ/charging order means an asset increasing the value of the company

 

A SAR to Arrow will only give details of payments etc from when they bought it

[dx100uk]

its coming up to three yrs this has been going on

 

no ones turned up

n

o-one gone to court

 

its all hot air.

 

keep quiet

 

don't fan the flames.

 

get the last payment details either from Noddle

or

by SAR to Cap1

or

b PHONING cap1 and ASKING THEM.

 

if its more than 6yrs ago.

 

send the SB letter and be done with the letter tennis.

 

dx