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Moon phases


Arrow Global ... reared their ugly head again!

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Arrow Global ... reared their ugly head again!

Post by LindyLou1962 on Thu Nov 09, 2017 8:19 pm

Evening,

I am a returning user although I was not aware that the site had moved ... so very glad I found you again!

Last time I used the site I was having problems with Arrow Global and you provided valuable advice, support and a way forward. I used the 3 letters process which appeared to tie Debt Managers (Services) Ltd (who were acting on behalf of Arrow Global) up in knots! I replied to all letters that I received from them after obtaining the relevant information from here. I eventually received a final letter from Debt Managers (Services) Ltd last May 2016 informing me that they were no longer dealing with the account and had closed their file and returned it to their client - Arrow Global.

I thought (and prayed) that would be the end of it .... wrong!

Today I got home to find a letter from Capquest advising that from 02/11/2017 they would be managing the account on behalf of Arrow Global Management Limited - who are they? Are they Arrow Global renamed? To date I have not received a 'Change of Agency Notification' from Arrow Global! Capqest are the 6th Debt Recovery company to come into play!

As I told Debt Managers (Services) Ltd via letter on 05/04/2016 - I checked my credit file and noted that there is no outstanding debt as alleged or otherwise. It is my belief that you have made an error. I do not accept or acknowledge this debt in any form.

Is the following correct:

(1) After 6 years under the Limitations Act 1980 (5 years in Scotland) a debt is no longer enforceable against you in a Court of Law. Debt collectors can still chase you for the debt but they can't enforce it. After 6 years all debts naturally fall off your credit report.

(2) Agreements made before 6 April 2007 are unenforceable if it didn't contain a notice of your right to cancel.

(3) 'Statue barred' they cannot enforce or chase for a debt if no payments have been made in the last 6 years.

Should I write to Capquest and tell them that the letters that were sent to Debt Managers (Services) Limited still stand and as far as I am concerned the matter is closed due to points 1-3 above?

Your help and advice would be greatly appreciated.

Many thanks.

LindyLou1962

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Re: Arrow Global ... reared their ugly head again!

Post by Tiggy on Thu Nov 09, 2017 10:11 pm

Is the following correct:

(1) After 6 years under the Limitations Act 1980 (5 years in Scotland) a debt is no longer enforceable against you in a Court of Law. Debt collectors can still chase you for the debt but they can't enforce it. After 6 years all debts naturally fall off your credit report.

The date you defaulted (which is what shows on your credit file) and the date of the 'Cause of Action' under Section 5 of the Limitations Act 1980 are two entirely different dates. The cause of action is actually the date the Original Creditor issued the formal default notice, which can be many months after you initially defaulted.


(2) Agreements made before 6 April 2007 are unenforceable if it didn't contain a notice of your right to cancel.

Any agreement is technically unenforceable if it doesn't contain the right prescribed terms.


(3) 'Statue barred' they cannot enforce or chase for a debt if no payments have been made in the last 6 years.

Again, the cause of action is not taken from the last payment date but from the issue of the formal default notice. So you need to find out when the Default Notice was issued to see whether the debt is actually statute barred.


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Re: Arrow Global ... reared their ugly head again!

Post by LindyLou1962 on Sat Nov 11, 2017 12:11 am

Hi Tiggy,

Thank you for your prompt response it was very much appreciated.

Are you able to confirm if any of the following information below helps to clarify any of the points 1-3 above please?

As at 06/12/2012

- Account was closed
- The account has been satisfied/The payment status has been reported as in default
- The account has been satisfactorily closed
- Account status - Default
- Reported Until - May 2017/July 2017
- Default Date - 5 May 2011
- Default Satisfied - 1 July 2011

Are you able to advise what would be the most sensible next step - should I reply to the letter from Capquest or do I just ignore it?

If I write to them I want to ensure that what I write to them is accurate so again would appreciated a bit of advice.

Thank you in advance for your help ...

LindyLou1962

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Re: Arrow Global ... reared their ugly head again!

Post by Jinxer on Sat Nov 11, 2017 1:44 am

Whatever you do and this is very important, ignore the above advice and wait for a different response off one of the resident experts.
From the look of it the default date was 5th May 2011 so a good 6 years have passed and me personally would ignore them as well.

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Re: Arrow Global ... reared their ugly head again!

Post by Jinxer on Sat Nov 11, 2017 2:24 am

Sorry I don't agree with your logic for this case and I know nothing, but I will debunk your post myself with two words, STATUTE BARRED and I'm the resident idiot with nothing to loose, what are you.

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Re: Arrow Global ... reared their ugly head again!

Post by Jinxer on Sat Nov 11, 2017 2:54 am

Like I said I'm the resident idiot and get by really well without an education, thanks for your concerns though.
I would be very surprised if a statute barred debt could stay on your credit file, but will bow down to your superior knowledge, even though I think your wrong.
I still advise to take no notice of your post to offer any sort of payment on a debt that can't be enforced, who cares if it's owed. I couldn't care less about honour food in your belly is more important than that.

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Re: Arrow Global ... reared their ugly head again!

Post by Jinxer on Sat Nov 11, 2017 3:20 am

I'm not saying your a bad guy, I just disagreed with your advice to offer payment and I also disagree that a statute barred debt would stay on your credit file for life.
No need to question my morals either and I'll hazard a guess LindyLou1962 didn't come here hoping to get advice to offer payments on an alleged debt that has nil to zero chance of being enforced. And whilst on the subject of morals and honour I see you concerned about the factory workers having to pick up the leftovers of unpaid debt, you should bin your computer or phone and trainers cause theirs a really good chance they were made by 8 year old kids tied to a chair.

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Re: Arrow Global ... reared their ugly head again!

Post by Jinxer on Sat Nov 11, 2017 4:06 am

Ok Ok Ok here's what experian have to say about statute barred.

Is my default Statute Barred?
Although a default will be removed from your report after 6 years the lender may still pursue you for the debt, unless the debt is statute barred.

A statute barred debt is a debt which is seen as unenforceable as the creditor has not chased it in the period allowed.

If you have not made payment or signed acknowledgment of a debt in writing for 6 years in England and Wales and 5 years in Scotland then it could be statute barred.
Source

Notice how it says the default is removed after 6 years. Why would you offer payment and risk resetting the statute barred date. I have no interest in proving you right or wrong, I'm only interested that LadyLou1962 gets the advice she needs, which after reading all the debate will decide themselves what's best for them.
I'll hazard another guess, that you will be the only one on this thread at the end of the day that advises to offer payment, but I might be wrong we will wait and see.
I would like to ask you a question though, have you done a Law Degree ? You don't have to answer that if you don't want to.

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Re: Arrow Global ... reared their ugly head again!

Post by Jinxer on Sat Nov 11, 2017 5:00 am

If you have tested your theory and been through Court like you say, offered payment for a debt and got the case dismissed because the creditor wouldn't accept it, well I take my hat off to you.
I still think it's bad advice though.
Who would care if a debt collector chases you but can't do nothing. You will be saying to pay your tv licence next just because they knock your door and say you have to.
And just to add you didn't clarify the situation I still think debt will fall off your credit report and don't take your word for it that it don't.

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Re: Arrow Global ... reared their ugly head again!

Post by Tiggy on Sat Nov 11, 2017 8:05 am

This is what the FCA says about a Statute Barred debt:

CONC 7.15.8
A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

Any offer of repayment will reset the statute barred date, as under Section 24 of the Limitations Act 1980 you've acknowledged the debt.  As to whether this then resets the 6 years on your credit file, not sure about that but it's distinctly possible, so effectively you've shot yourself in the foot.

As for you saying you've had a case dismissed for making an offer to pay, that surprises me as that would mean there would be no order to pay.  A Judge would normally adjourn to allow for an out of Court settlement to be agreed.  This is known as a Tomlin Order, the case isn't then dismissed it's stayed (halted) and if you don't stick to the terms of the order they can restart the proceedings from the point of the stay and get a CCJ.  

If you've had one dismissed in the way you say can you post up a copy of the order you received dismissing the case as I'd be interested to see it.

Lindylou, from your post it's difficult to say when the formal default notice was issued, it can take them over 6 months to issue one. The only way to be truly sure it to contact the original creditor and ask.

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Re: Arrow Global ... reared their ugly head again!

Post by daveiron on Sat Nov 11, 2017 9:32 am

Hi LindyLou 1962,

Do not acknowledge this alleged debt, You previously did the 3 letters ,Where you offered to settle any obligation you may have had upon proof of claim.

Did they provide all of what you required ? No because they could not.Only offer a payment plan if you want to be stuck  with this alleged debt.

I would start the 3 new letters with this lot.

http://goodf.forumotion.com/t1163-new-alternative-letters-for-dca-s-acting-as-agents

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Re: Arrow Global ... reared their ugly head again!

Post by petesomething on Sat Nov 11, 2017 11:22 am

hi lindylou 1962

I dont think the original creditor will tell you anything except to say a default notice was sent,but you can ask

we say it is statute barred after 6 years after the default notice or last payment , when we say last payment we mean if you have made any payment after the default notice , this could be to a DCA, or any offer of payment by letter or by phone can start the 6 years again  , (but the DCA will have to prove you made a offer of payment) that you acknowledged the debt.

I would do what daveiron said , start with the 3 new letters again,

but if it is statute barred and you get a claim form from a court still fill in the claim form within the 14 days and put on it statute barred , but make sure it is statute barred.  they can win by default , the DCA,s know 90% of people just dont turn up for court, (aways go)  DCA,s will try and trick you to make  payment and start the 6 years again,

also if it is close to being statute barred  and you make a offer of £1 at this point in time they will accept this just to start the 6 years again , (one more trick of the DCA)
just use the new 3 letters and the bill them at the right time each time they contact you,

but if you do get a letter from a DCA and you know 100 % statute barred , you can just throw away the letter in the bin , what can they do,  


DCA,S ARE JUST PEOPLE IN A OFFICE THEY ARE NOT LAW ENFORCEMENT


Last edited by petesomething on Sat Nov 11, 2017 12:40 pm; edited 1 time in total
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Re: Arrow Global ... reared their ugly head again!

Post by LindyLou1962 on Sat Nov 11, 2017 12:39 pm

Hi Pete,

Thanks ...

Looks like last payment was made 22/10/2010 ... no payment offer made since then ... not acknowledgement of debt since then either ...

Will not be making a payment offer and will no be acknowledging the debt ...

Thanks for your last liner - suddenly feel a lot better!

LL Smile

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Re: Arrow Global ... reared their ugly head again!

Post by LindyLou1962 on Sat Nov 11, 2017 12:42 pm

Hi Dave,

No they did not provide all that was asked for ... what they did send took them 3 months to send!

I have not and will not acknowledge the debt ...

Thanks ...

LL Smile

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Re: Arrow Global ... reared their ugly head again!

Post by petesomething on Sat Nov 11, 2017 12:45 pm

Hi lindylou1962


have a good weekend
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Re: Arrow Global ... reared their ugly head again!

Post by LindyLou1962 on Sat Nov 11, 2017 12:47 pm

Jinzer and Quirinus thank you for your comments ... Smile

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Re: Arrow Global ... reared their ugly head again!

Post by LindyLou1962 on Sat Nov 11, 2017 12:53 pm

Hi Tiggy,

I have just come across the following that was provided by previous DCA and seemed to have been overlooked! Senior moment!

Original Agreement with: Arrow Global Management Limited
Date of Original Agreement: 22/01/2007
Date of Transfer to Arrow Global: 10/05/2013

The original agreement was not with Arrow Global Limited!

Looks like last payment was made 22/10/2010 ... no payment made or offer made since then ... no acknowledgement of debt since then ...

LL Smile

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Re: Arrow Global ... reared their ugly head again!

Post by Jinxer on Sat Nov 11, 2017 1:32 pm

@LindyLou1962 wrote:Jinzer and Quirinus thank you for your comments ... Smile
I apologize for derailing your thread, but I think from the rest of the comment's you will get the right advice, just ignore mine and Quirinus posts and listen to the others and you won't go far wrong.
Good luck and be very honourable by buying yourself a new pair of shoes with any money you may save not having to pay.

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Re: Arrow Global ... reared their ugly head again!

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