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Arrow - Restons threatening legal action

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  • Arrow - Restons threatening legal action

    Hi

    I haven't been on here for quite some time as everything's been quiet, but it looks like we're up and running on MBNA/Arrow/Restons.

    Quick background - My husband had a card with MBNA many years ago, we had major troubles and ended up unable to pay. Sorted out a payment plan (after ascertaining that the CCA was in order) and had been paying it ever since. At some point, my husband had a letter from Arrow saying that they now owned the debt. He wrote to them asking for a letter of assignment as MBNA had not sent anything but did not receive a response. All monies were apparently to be paid to Arrow now, but without anything proving they owned the debt my husband informed them the payments would continue to be paid only to the MBNA account they had been going to, but that on confirmation of the sale he would change this.

    He never received confirmation and the payments have for years been going to the same account number originally given by MBNA.

    In the last few months he's had a few letters from Arrow stating no payment has been made. We figured this was just them having a paddy which they occasionally have done and left it. Then a few weeks ago he had a fishing letter from Restons which rang alarm bells. The letter was asking if Mr lexis200 lives at this address. After this he dug a little and found that when he changed bank accounts late last year, this payment was not transferred. Not an intentional thing at all, but obviously that doesn't matter. To give an idea of timescales here, the account no longer shows on credit reports. It is definitely active though as the account was valid and my husband was paying the instalments until this recent botch up by the bank, so it's absolutely not statute barred.

    In the middle of last week he had another letter from Restons saying that Arrow have now referred the account to them for legal action, but that this can be avoided by setting up payments or offering a short settlement (I assume this is another way of saying full and final?). They've also asked for a financial statement to be filled in.

    There is no detail whatsoever on the letter apart from a reference number for Arrow. No amount is shown, no card number. Even his name is down as 'Dear Sir', although the letter is addressed to his name. This to me suggests they are still fishing?

    My husband is happy to pay instalments again, or actually to try and offer a f&f if possible, but is that a wise move? It appears as though Restons are not certain that they have the right person and are still poking in the dark, so if he does the right thing and tries to repay again are they likely to just go further as he's confirmed his residence to them?

    The balance on it is around 2k, and as I say, it's been on a payment plan for years. If it is a good idea to offer a settlement figure is there any procedure he should follow, or any percentage that's 'normal'?

    Lastly - and I know this is bad - he needs to reply by tomorrow, so any help quite urgently would be massively appreciated. Unfortunately I had some awful news about my father the weekend before this arrived and it was not a high priority in comparison. It still isn't in the big scheme of things to be fair, but I could really do without this stress too.
    Tags: None

  • #2
    Re: Arrow - Restons threatening legal action

    Ok, I've drafted this, hopefully someone will see it and yay or nay it. As I say, he's happy to pay but we don't want a barrage of cr*p so hoping a bit of a prove it letter will do that :/

    Dear Miss xxx

    I am in receipt of your letter dated 22nd March, sent via second class post over the Easter break.

    You assert in your letter that an account has been referred to you from Arrow Global for legal action, yet you do not address the letter to anyone (using Dear Sir instead), do not give any information regarding an account number that this is in relation to, and do not give any information regarding any balance. I am well aware this is standard ‘fishing’ for information.

    The above notwithstanding, if you have reason to believe that a valid debt exists and that the debtor resides at this address, then please prove the debt in writing.

    You are prohibited by Law from continuing any collection activity until you have done so.

    As you are unwilling to use a name to address the letter you sent, please be advised I will not be signing my name on this letter.

    Regards
    Last edited by lexis200; 4th April 2016, 13:22:PM. Reason: removing name

    Comment


    • #3
      Re: Arrow - Restons threatening legal action

      Originally posted by lexis200 View Post
      Ok, I've drafted this, hopefully someone will see it and yay or nay it. As I say, he's happy to pay but we don't want a barrage of cr*p so hoping a bit of a prove it letter will do that :/

      Dear Miss xxx

      I am in receipt of your letter dated 22nd March, sent via second class post over the Easter break.

      You assert in your letter that an account has been referred to you from Arrow Global for legal action, yet you do not address the letter to anyone (using Dear Sir instead), do not give any information regarding an account number that this is in relation to, and do not give any information regarding any balance. I am well aware this is standard ‘fishing’ for information.

      The above notwithstanding, if you have reason to believe that a valid debt exists and that the debtor resides at this address, then please prove the debt in writing.

      You are prohibited by Law from continuing any collection activity until you have done so.

      As you are unwilling to use a name to address the letter you sent, please be advised I will not be signing my name on this letter.

      Regards
      Miss xxxx is probably due back to school after the Easter break.
      These people have no idea of the Law, your rights or how to go about things. I would have been tempted to say, "See you in Court" (unsigned, of course) and sit back and wait. They clearly have absolutely nothing. This must be one of the worst bunch of bunglers I've read on here.
      I got a letter from Link today ignoring my CCA so sent the 2nd letter.
      I'm actually enjoying this game but it is so one-sided when you have the Legal Beagles behind you.
      Fight on and don't give in. Good luck. Wingco :judgey:

      Comment


      • #4
        Re: Arrow - Restons threatening legal action

        Thanks Wingco, loving the moral support!

        Sent the letter off, slightly amended, so we'll see what happens.

        Comment


        • #5
          Re: Arrow - Restons threatening legal action

          Also, why not send them a CCA request? (To be forwarded to their 'client)

          That'll really make their day!

          Btw, now that they have brought up the possibility of legal action, Civil Procedure Rules have kicked in, lol!
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Arrow - Restons threatening legal action

            Would a CCA accomplish anything given that I know the agreement is valid (and actually have about 5 copies of the damn thing )?

            Hubby had another letter today, again with his name on the address area but not in the body of the letter ('Dear Sir' again). It was noting with sadness that they had not received a response to the last letter, and giving until the 14th to reply. This one was dated the 1st April (the irony :/ ). Given that their other letter needed a response by the 5th so this letter was written days before their initial 'end date', I'm now even more of the mind they're fishing and have no info.

            If they do turn nasty and issue a claim, does anyone know if Restons have a track record for accepting settlement offers before court or do they tend to push through regardless? We really would like to try and get this paid off, but are very reluctant to do so to a company that doesn't even do research to check if the correct person is being reached before sending letters! I could see my husband paying a settlement and them turning round and handing the account back to the dca!

            Comment

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