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.