Changed Agency Letter from Arrow Global (overdraft debt)

[Disciple of Nagash]

As some of you may know know, I've just successfully stopped a claim from Arrow Ltd regarding an old loan as they did not have supporting paperwork.

However today I've just got a new letter from, which in summary:

They have passed the management of an account to ARC Europe Ltd, Arrow still owe the debt.
The account is supposedly for an overdraft, original agreement 23 May 2001, balance outstanding on 13th May 2011. Value £201.04

They have said I should contact ARC to arrange payment, and that they can offer a 25% discount.

Now I have no recollection of an outstanding overdraft debt, the last account I had with Yorkshire Bank was back in 2007.

What's the best way to proceed with this? Is a CCA request still applicable?

[stevemLS]

Re: Changed Agency Letter from Arrow Global (overdraft debt)

No, CCA does not apply to overdrafts in the same way.

[Kafka]

Re: Changed Agency Letter from Arrow Global (overdraft debt)

Overdrafts don't fall under the CCA, so you can't challenge the agreement.
If it was me I would send SAR to Yorks Bank to obtain all the data they hold on you first and let Arrow swivel.

[FlamingParrot]

Re: Changed Agency Letter from Arrow Global (overdraft debt)

They have passed the management of an account to ARC Europe Ltd, Arrow still owe the debt.
The account is supposedly for an overdraft, original agreement 23 May 2001, balance outstanding on 13th May 2011. Value £201.04

They have said I should contact ARC to arrange payment, and that they can offer a 25% discount.

Now I have no recollection of an outstanding overdraft debt, the last account I had with Yorkshire Bank was back in 2007.

Have they actually told you that the original agreement was made on 23 May 2001? I'm extremely surprised at the degree of precision with the dates, especially coming from a DCA! :scared: How would they know the exact date? In most cases the date is unknown until a copy of the original agreement is located. Also with an overdraft, you wouldn't have signed a credit agreement, just agreed to the T&Cs of your current account.

It is possible to go overdrawn without having an overdraft facility, because of charges applied by the bank. If no payments were made into the account since 2007 this should be SBd, although with an overdraft there may be an argument regarding the cause of action being when the overdraft is formally recalled, and with small amounts like this, it may not happen for years. I have a business account with no O/D facility that I stopped using for 2-3 years and Barclays kept applying account fees and charges, making it go overdrawn by a few hundred pounds. They never recalled the O/D and I still use the account. Having said that, it would be for THEM to argue all that, you could safely say it's SBd if there's been no payments into the account since 2007. :thumb:

What's the best way to proceed with this? Is a CCA request still applicable?

Not to a current account for the reasons mentioned above, however, if you have no knowledge or recollection of the account you could send a prove it letter. :typing: