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Cat on the mat

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About Cat on the mat

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  1. Okay, so does the fact that they have not produced the original agreement when requested mean that they have no leg to stand on if they take recovery action against me? My instinct now is to write to Drydens to make it clear to them that I deny liability.
  2. Sorry if I wasn't clear, I'm referring to the first template linked to in post #6 above. I can't link to it myself as I haven't made enough forum posts.
  3. Actually I've just realised I may have made an error. I checked the s77 I sent and it looks as though I deleted a paragraph I should have left in. It's the text in blue in the template that is supposed to be deleted if sending to the original creditor rather than a collection agency. I should have left it in, shouldn't I. What an idiot. Should I send another s77?
  4. Hello again folks - update time. I’ve received a reply to the s77 sent to Drydens and I don’t know whether to be encouraged or not. I sent them the recorded delivery s77 on 3rd December and by 16th it still had not been delivered according to Royal Mail tracking, I sent another by special delivery on 16th, and it was signed for on 17th. I received the following letter yesterday (14th Jan). I don't have the facility right now to scan it but I reproduce the entire text bar the yours faithfully etc - I have not omitted the reference and property address, there are none on their letter. The amount of the alleged balance also does not correspond with the amount they asked for last month; it is actually £177 less: '09 January 2015 Dear Mr xxxxxx Our Client: Bank of Scotland Plc (Birmingham Midshires Division) Sum outstanding: £16,638.35 Mortgaged property: We refer to the above matter. As requested, please find the up to date balance above and a payment list along with the initial letter attached. Please note that the balance above also includes the payments made direct to us amounting to £2.00. We must now request that you provide us with up to date income and expenditure details, along with an offer of payment. Please complete and return the attached Income and Expenditure Questionnaire within the next 14 days.' The 'payment list' they refer to is a list of my payments to HL, and it isn't even complete. And since they refer to payments to themselves of £2, I now know they received both s77s from me. There is no mention of what the figure they claim (£16,638) consists of. I still don't know why it exceeds, by over £10,000, the amount I had been paying off to HL. It appears to me that the information the s77 asked for has not been forthcoming, and that all Drydens actually have is an account reference and a made-up number. It was my understanding that the s77 obliged them to provide me with a copy of the original loan agreement and related documents - which they have failed to do. Also: 1. I wrote to HL requesting confirmation of the balance at the time the account was transferred to Drydens. I know they received it on 5th December but they have not contacted me yet. I did not use a template for this request, I composed a letter myself. Is it worth sending them a DSAR? 2. A DSAR was sent to RBS on 3rd December and I received an acknowledgement of the request dated 18th December from Birmingham Midshires (the branch who dealt with the loan when repayment arrangements first commenced in 1997-ish). I have heard nothing since, but the statutory 40 days aren't up yet. Then again I don't know when they received the DSAR since, according to good old Royal Mail tracking, it has not been delivered yet! I'm certainly not going to complete a questionnaire at this stage to admit liability - which brings me to a slight niggle. Is the sending of the s77 using your template regarded as a denial of liability? Or, now that they have not complied with it, should I write to Drydens calling attention to their non-compliance and then deny liability? Or should I hang on for now to see what I receive in response to the DSAR? I know that's a lot of text to wade through but any advice is welcome. Thanks.
  5. I'm preparing the section 77 request and will post it today recorded delivery. Is it wise to mention at this stage their attempt to phone me at work or should that be kept in reserve?
  6. Thanks, Andy (and others). I'll get on to those requests you suggest. And talk about coincidence - drydensfairfax have just called my workplace. They're certainly eager - in their letter they've allowed me until 8th of this month to phone them. I didn't take the call. Edit: I see my post has been moved. There's obviously more to HL than met my eye!
  7. Thanks Andy for the prompt reply. The answer to your question is no, I don't even know what a section 77/78 is. I was about to write to HL requesting confirmation of the balance at time of transfer, when I googled 'drydensfairfax' and decided to register on these forums. I'll give what background I can: a joint mortgage of around £19500 was taken out in 1990, and things went to pot in 1992 when the marriage broke up and I left the property. Mortgage repayments were one thing caught up in the mess since around 1995 I have been paying back in very small amounts my half of the loan. I don't have any paperwork from that period but I've been paying back HL for around 10 years and do have some recent correspondence from them, and more than once a balance in the 6000s is quoted. I have never had any court judgements against me and when I got a credit report a couple of years ago there was no mention of this debt or any associated 'black marks' on it. A year or so ago HL asked to me to increase the monthly payments, which I did to their satisfaction. These letters from RBS and drydensfairfax, and the new balance of over £16000, have come out of the blue. Since I created this topic it has crossed my mind that they may have added my ex-wife's share of the debt to mine, having perhaps tried and failed to get money from her. But I'm just guessing, since I haven't seen her in around 10 years when she remarried, and I don't even know where she lives. If that's what they've done I'd certainly deny liability on the grounds that if they didn't consider me liable 10 years ago, I don't see why I should be considered liable now. That's probably as much info as I have, if it helps.
  8. I’d really appreciate some advice on this matter. Briefly – a debt has been transferred to a debt collection solicitor and the outstanding amount has suspiciously skyrocketed. I’ve been paying off a long-standing debt to a firm of solicitors/debt collectors called HL Interactive. They were managing this debt on behalf of Royal Bank of Scotland, though the joint mortgage was originally taken out in 1990 and I have none of the original documentation, and cannot even remember the name of the lender (it was a French name, taken out through Prudential). Last year the balance on this account, which I have never disputed, was approximately £6,000. I have a letter from HL dated June 2013 confirming this. I have been making payments to HL for years via direct debit and have had no dispute or hassle from them. Last week I received two letters in the same envelope. One is from RBS saying that management of this debt has now been transferred to a firm called drydensfairfax, to whom all queries should now be directed. They enclosed a letter from drydensfairfax themselves, and this is the one that worries me. According to them, I owe over £16,000. While I have never denied the debt, I do not know where this amount has come from and what powers they have. I am certainly not going to phone them at this stage, especially since I was brought to these forums by googling their name. Is it possible that there is small print somewhere that says my debt (£6000 or so in 2013) can now be inflated to £16,000+ and that I have to pay it? Should I now engage the services of a solicitor? Any advice is welcome.
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