Hi

My wife has received a Pre-Action Protocol for Debt Claims from Drydensfairfax, for an old debt from 1998 at an old address.

Arrow recently started sending letters to our new address and continued despite being returned as not known at address.

They now appear to be instigating court proceedings.

Unfortunately I expect this is not outside the statute of limitations as I have been paying £1 per month by standing order since she defaulted in around 2000/2001 (from my account not hers). Whilst she is working, she is not in a position to pay it off as she is currently just managing to maintain her current credit.

Naturally we do not want a CCJ, ideally she is hoping to consolidate her current debt soon to help manage and prevent her credit status worsening.

I would really appreciate any advise you could offer, in particular could I ask:

- should I send the suggested CPR 31.14 request (as this seems to mention a specific court that has not yet been advised)?

- should I send the CCA request to Dydyenfairfax or Arrow?

- I have seen a Debt Prove it letter, would this be appropriate?

Also, I have listed below the details as suggested:

Name of the Claimant ? Drydensfairfax Solicitors/Arrow Global Guernsey Ltd

Date of issue – 04/02/2019

Date to acknowledge) - 09/03/2019

- We are instructed by our client, Arrow Global Guernsey Limited, in relation to the above debt. If you do not provide proposals to repay this debt, or respond as otherwise detailed in this letter and it's attachments, legal proceedings may be issued against you in the county court. If such proceedings do become necessary, further costs will be incurred for which you may be liable. The proceedings may then result in a county court judgement being entered against you which will be registered a the credit reference agencies and is therefore likely to affect your ability to obtain credit in the future.

Full details of the debt are set out below:

The amount owed is £702 and no charges/interest are being added at this stage

A statement of account is attached ---(an account summary showing only start balance (£823), total debits (£17), total credits (£138) current balance (£702)---

The agreement this debt relates to was entered into between you and Shop Direct (Carval) on xx/xx/1998 and assigned to Arrow Global Guernsey Limited on xx/xx/2011.

A copy of the agreement can be requested using the reply form. ---(should I do this also?----

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't know

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

Did you inform the claimant of your change of address? No

What is the total value of the claim? 702

Is the claim for - catalogue

When did you enter into the original agreement before or after April 2007 ? before, it was 1998.

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not on my copy, I don't know if deeper searches with linked addresses are any different, credit score is low but I thought this was due to current level of debts

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser, Arrow

Were you aware the account had been assigned – did you receive a Notice of Assignment? probably but to a previous debt purchaser, it was back in 2011 when Arrow took over but we moved house in 2008

Did you receive a Default Notice from the original creditor? Yes, around 2000/2001

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know, possibly, but moved house in 2008 and only recently started receiving letters to new address

Why did you cease payments? Husband has maintained £1 per month standing order throughout, still paying unless their bank payment details have changed

What was the date of your last payment? Feb 2019 unless their bank payment details have changed

Was there a dispute with the original creditor that remains unresolved? No, due to credit difficulties

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and Yes

Many thanks again in anticipation of any advice you can offer.

So you have been paying this - And they have taken legal action anyway...

This could be rather entertaining infront of a judge...

Have they sent you any letters about payment details changing etc?

I'm not sure because we moved out in 2008, and also just sent some letters straight back to them recently

Do you have an agreed payment plan in place on this account?

Yes, from 2000/2001 with the lender I suspect when the account originally defaulted, never spoke to anyone since, despite being passed from one debt management company to another

retitled and moved to the CAT forum

shame you've been blindly paying £1PCM all this time!!

hope you are not doing that on other debts?

all this has done is run the statute barred date to infinity allowing them to now go after you.

follow post 4 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice-1st-Oct-2017(2-Viewing)-nbsp

I dispute this debt because..urm ..this could be difficult

the bottom line is they'll never get a signed agreement for an old carval debt!!

so run the CCA ..when they fail the 12+2 working days time limit, you stop those payments.

p'haps simply put... I do not recognise this debt and was unaware my partner had arranged payment over the phone some years ago without my permission or knowledge.

might pay you to get an sar running to shop direct.

there is every chance this debt was already? statute barred before these fleecers spoofed payments too?

Thanks for this, will give it a go.

So there's no major issue with confirming the new address by doing so? (there are larger debts lurking in the background, I assume remaining so due to the maintenance of nominal payments as with the other)

you MUST inform ALL your creditors of a change of address

else, as what they are after...ignorance, you'll get a backdoor CCJ you know nothing about till bailiffs knock at your door!

as for the other debts

list them please

type of credit

original creditor

owner now

etc etc

I would go furhter than DX, by not confirming your new address they have been emboldened to go to court as they know thta any paperwork will be dalayed even if you do get it and that puts you at a distinct disadvantage. they will also make this poijt in court, that you have deliberately given misleading information and that will mena that your otherevidence will be tainted

Thanks again for your time. I am sending the CCA letter now, should it go to Drydensfairfax, and do I also return the reply form (with perhaps BOX C "I don't know whether I owe the debt" ticked?

As for the SAR to Shop Direct, there is also a more recent active account with them for a current Very Catalogue, should I ask for the SAR to only be in relation to the old account number?

just do the sar numbers are not needed.

as for the PAP/CCA

all the instructions are in the link in post 6

your dispute reason is in post 7.