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  1. 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.
  2. I will start with possibly the easiest question first - I got a letter from drydensfairfax regarding an unsecured loan I still owe money on, this goes back to 2008, I think. I have paid half of the original loan. Former partner is on the loan too. I was paying it back to avoid trouble, as you do. I then had two companies chasing me at the same time, Moorcroft and someone else. Naïve, I rang Santander who said they would clarify. Then ex put the loan into dispute, for his half, so naturally, I wasn't able to pay. The dispute was settled not in his favour and I waited for instructions, from Santander on who to pay. So, the letter has arrived, telling me "not to underestimate the seriousness of this matter" and to contact them by 16th to discuss repayment. The letter states that they are acting on behalf of their client, Santander. I realise the dates are missing on this, as an initial query, my first question is who owns the debt, the letter seems to imply that Santander does, and they are just collecting for them? Can you please help me get mental clarity? thank you xxx
  3. Hi, I've tried to have a good look through the website, which has always been a great help over the years (thank you so much!!) but I just need to clarify a few things before I end up doing something stupid. I had the old mortgage style student loans with the Student Loans Company back in 1993 and 1994, and deferred them over the years due to low income and poor mental health. I don't know if I'm remembering right but I think the last time I acknowledged the debt and tried to defer again was 2012 or 2013 (not a good year personally, don't remember much). Fast forward a few years, find out the account was sold to Erudio - never acknowledged any debt, but now in the past week, I've received a Letter Of Claim from DrydensFairfax to my current address which starts with the following: "This is a Letter of Claim sent to you in accordance with the Pre-Action Protocol for Debt Claims...". They are trying to claim both 1993 and 1994 loans together under one account number and the account summary only states balance on 11th September 2018 (debits/credits/interest), along with adjustments for menial amounts between 6/9/2018 and 11/9/2018. So, how much of this is hot air or are they trying to get a backdoor CCJ? Should I send a CCA request to them (is it s.77 or s.78, sure its s.77 but better to be sure)? Do I send the new GDPR SAR request and if so, who do I send it to - SLC, Erudio or Drydens? Do I bother to fill in the Income and Expenditure form, repayment offer, or reply form they've sent? Apologies for the questions, need to make sure I don't screw it up. ta
  4. I have just discovered this site and forums, and fear I have made a terrible hash of dealing with Erudio with regard to my own and my husband's old Student loans (My own: 1 from 1990 (unsigned by SLC) for £420 but due to 9.8% interest (!!!!) now over £800 and really should have been written off had Erudio not been involved; and my husband's: 4 from 1993, 1994, 1995 and 1996 respectively and over £5,000). We had been happily deferring re-payment of these loans over the years until Erudio took over. The first inkling that we had that they had been sold to a bunch of debt collectors were involved were the classic "you are in arrears letters". At this point in our lives we were both suffering from health conditions (I had had a nervous breakdown and have since been diagnosed with an autistic spectrum disorder and my husband has since been diagnosed with IBD) - whether this had an impact on our judgement I don't know. We did initially ignore these, and people were saying definitely not to fill in their deferment forms, so we didn't do that either. We have historically been a fairly low income household, and I have never made any re-payments on my loan , whilst my husband briefly made a couple of repayments.(I cannot remember in what year.) We were harassed on a daily basis by telephone calls- often several times a day. My husband's account was then transferred over to Capquest, which did freak us out a little, I have to admit, never having dealt with debt collectors before. The same situation occurred with the letters and phone calls with Capquest. They seemed to be not taking any action on my account. We sent CCA requests in June 2015, to Erudio and received the copies at the end of July 2015. I complained to Erudio in writing about their tactics, their harassment, and asked them to remove the arrears from the account and to consider back dating deferment . I even took this to the FOS - no joy. I complained to SLC and said my loan had been miss- sold - I think I also took this to FOS - also no joy - I was told that I would have been able to access commercial lending operators!! We wrote to the director of Erudio explaining our situation and please could we just defer!! I believe the response was : Capquest are dealing with your account now - talk to them... At this point I became tired and gave up - they just wanted all the money and there seemed no scope for returning to the good old days of deferment. And it seems our accounts would never be written off now as we had broken the terms and conditions - welcome to harassment for the rest of our lives!! Last year Capquest were still harassing my husband - his mental health has been badly affected by his physical health - and he did not work for several months - he works for himself but did not have the money in his businesses to pay himself whilst he was unwell. I wrote to them and told them to back off in no uncertain terms. Neither of us claim disability benefits, we claim tax credits, which has kept us afloat. It had all gone fairly quiet on the Erudio front until a few weeks ago when a "remedy of account" package arrived with statements dating back to 2015, for my husband's loans. Closely followed by default letters for each loan (1993, 4, 5 & 6). And then last week a letter from Drydensfairfax solicitors which appears to be a letter before action. What is interesting is this : ----------------------------------------------------------------- Full details of the debt are set out below: . The amount owed is £5341.45 and no charges/interest are being added at this stage. . A statement of account is attached. . The agreement this debt relates to was entered into between you and SLC on 9th Dec 1993 and assigned to Erudio on 22 Nov 2013. A copy of the agreement can be requested using the reply form. --------------------------------------------------------------- They have stated that the whole amount relates to the 1993 agreement - in which only £800 was borrowed. The reply form also includes boxes where you can dispute the debt. With regards to my account, I have received the same "remedy of account" statements that my husband has, and, yesterday the same default letter. I believe it to be going down the same route. We do not have the money to pay these loans and are still under the re-payment threshold. I do not know what move to make next - as I understand that now they will never be written off, and I don't know what strategy to employ to deal with this new development. Any advice would be hugely appreciated.
  5. Help please. I'd like to ask about Drydensfairfax but, can't see where to start a new thread.
  6. I have been in writing to Drydensfairfax Solicitors back in March 2016. They are acting on behalf of their client Max Recovery Limited who purchased a debt. I had previously asked them for a credit agreement and copy of the deed of assignment. Back in March 2016, they wrote to me in reply. They provided me with a basic office copy of a credit agreement. They claimed that their client, Max Recovery, had provided them with a copy deed of assignment, and that they had attached this to the document for my perusal. Upon checking the documentation, this assignment was not present as stated in the covering letter. For the past year, I have had no response from Drydensfairfax. Today, I checked my credit agreement, and I am horrified that they have placed a default on my credit file on the 30th May 2017. Under section 87(1) Consumer Credit Act 1974, I have NOT been provided with a written default notice prior to this default being placed. Can anyone please advise me what to do next as I feel that the default is illegal!? The other concern is that Drydens should not have put the default in their name as the debt belongs to their client Max Recovery Limited. Am I correct in thinking Drydens have done this default incorrectly it should be their client!?
  7. Hello I see that there are a few new threads on here regarding county court papers filed by the DCA companies I have jus received one in the post today from Arrow global with regards to an old 02 account for £473.53 Date of default 8/10/2011 This account will be statute barred in Nov of this year I now have to defend it, so what would be my best response please This o2 debt has been passed around a couple of DCA in the past 5 years and 6 months Thank you
  8. Hi, I've just received a very worrying letter from Drydensfairfax Solicitors telling me they will take me to court on behalf of Erudio if I don't contact them within a few days. Can they do this? The debt is from when I was a student in 1996, from The Student Loan Company. I haven't corresponded with The Student Loans Company since 2011. I asked for a complete breakdown of what they think I owe them using the Data Protection Act and the numbers they produced were incorrect! The amount owed was wrong in all their correspondence, it bore no relation to the numbers in the documentation they produced! I've paid, deferred, paid in alternate cycles over the years but according to them, I still seem to somehow owe them over £3000! I moved house. I am not on the electoral roll at my new address and have never been - 4 years and counting - so can they actually take me to court given that there is no proof that I actually live here? Is being on the electoral roll necessary for the commencement of legal proceedings? Can they really take me to court or is this an exercise in evoking deep horror and distress? Also, I am now 49 years old, will this debt simply expire when I'm 50?
  9. Hi, I am hoping to get some advice following a letter i received from Drysdenfairfax Solicitors at the end of July. I took out a student loan for 3 years while at university finishing in 1997. I cannot remember whether all of my student loan payments were completed against the loan amount as it was such a long time ago (20 years!!). However, I have had no contact with the Student Loans Company, Erudio or any debt agency about this for at least 10 years nor have they tried to contact me. I received a letter now from Drydensfairfax Solicitors saying that their records show I owe about £5000 to Erudio and there is a CCJ against me and that I am a registered property owner. I have checked with Equifax and there is no mention of a CCJ but I do own a house. Drydensfairfax say they wish to proceed with a Charging Order to secure the debt against the property. I tried to contact Erudio to understand what the situation is but they say they have no involvement as this has now been passed to CapQuest (this company has tried calling me a few times but i have ignored them as they leave unspecific general voice messages). Erudio suggested I speak to CapQuest but I do not want to call anyone until I understand what my position is. Can anyone advise me please on what I should do now as I am concerned with a potential court order against my home. Is this a genuine claim and could they get this Charging Order even if there is no CCJ within the last 6 years? Any advice would be really appreciated. Many thanks
  10. Hello Everyone, It all bagan when i received a letter from drydeensfairfax solicitors dated 29 February 2016 in regards to debt owed to Lloyds Banking Group. They said they are acting on behalf of Capquest investments Limited for an outstanding amount of £23926.23, i've enclosed all correspondence between me and them to help you guys understand, as i do not have very good education to be able to write very well. The Account number from the solicitors and the account number from capquest are different, the CCA sent is from Hailfax insted of Lloyds Bank, and the statement had no letter head to show where they came from. Any help will be appreciated Thank you guys. docs1 .pdf
  11. Hello All, I'm not sure where to ask this question so move it if it's in the wrong place. I have a defaulted account with Capital One (last payment 1/10/10) it has now been bough by Cabot and the have re defaulted it from 1/11/15. Is the correct and ok to do? I know Cabot are diddley so want to be sure? Surely if it was already default, they can't re default it?? Thank you for your help
  12. Hi all There seems to be a glitch in the other sub forum i wanted to post in so posting in here I was wondering if anyone has had any success with asking the creditor who issued the CCJ that if i agree to pay will they agree to the set aside. Just a bit of background: (short and sweet) was issued this back in Nov 14, i never received the original claim but received the default CCJ. After some research i understand this cant be a reason to have the CCJ set aside by going down the normal route. I'm still very new as to what to do to be honest many thanks for taking the time to read
  13. This is now the second one to kick off for me as i have Mkdp going as well at the moment. This one is as follows. Thomas Cook/ MBNA debt sold off to Arrow global, who up until now have failed to provide any information. Drydensfairfax solicitors have contacted me just before Christmas over this one. I phoned and spoke to them over the matter, and both myself and the party I spoke to agreed the best way would be to send in the cca request and see what came back. Sent in the CCA request( Recorded delivery). Which a letter & the postal order was returned Pending documentation from the creditor. Today I have received a cover letter with a copy of my agreement enclosed and demand for payment. Looking at the agreements there is one big issue with all of them. All the pages have a wide strip down the middle, and not one is readable. in this area. Which includes the box with what could be a signature. Also other issues which I have picked up, Wouldn't want to say on here, Lol Am I right in now going back and saying that the paperwork is of such a bad quality copy that it is unreadable? Regards Tigs
  14. Hi, I have been a member of CAG for years and have used your excellent advice to claim back bank charges back in the day. unfortunately i have an issue which needs a little more tailoring. i have received a court claim dated 24th November from Drydensfairfax solicitors / Cabot Financial for a very old (July 2006) Premier Man account. If i remember correctly (need to dig out all the paperwork) but this was a small debt I must admit i should have dealt with this many years ago but i guess i hoped it would go away if ignored. i have kept all the paperwork but do not have a default notice or any correspondence from Premier Man of any intention to transfer the debt to a DCA. The POC reads:- The Claimants claim is for the sum of £16xx.xx under an agreement regulated by the consumer credit act 1974 between the defendant and Premier Man Account number Nxxxxxxx and assigned to the claimant on 13/01/2012, notice of which has been provided to the defendant the defendant has failed to make payment in accordance with the terms of the agreement despite requests for such payment. and the claimant claims the sums of £16xx.xx together with costs i will be making a CCA and CPR 31.14 request tomorrow. any advice you can offer would be welcomed and appreciated. thanks in advance C22
  15. 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.
  16. I wonder if I could get some advice? Apologies if I am in the wrong place, but just joined so I can try to resolve my problem. This week I received a letter from Drydensfairfax asking for me to complete a expenditure sheet as my student loan has been passed to them. It also says that a CCJ was awarded against me on 11 November 1996 (I had two student loans taken out in 1995 and 1996). I am not aware of the CCJ and would have been when I was living is student accommodation so I assume letters didn't catch up with me. In approximately 2002 SLC tracked me down, probably after I got a mortgage, and I made an agreement with them to pay £10 per month as I was in between work. I have never defaulted on this and the money just goes out direct debit and I every year get a statement. That is the only contact I have from them until March this year when they wrote to inform me my debt had been sold to Erudio. It said nothing was changing so I thought no more about it and the direct debit continued to go out. Then mid october I got a letter from Drydensfairfax saying the loan had been sold to them. I must have been busy when I opened the letter and just skimmed it and took in that nothing had changed. Now the letter today which seems quite threatening. It also says that I can't defer my loan if I wanted to because it is now a CCJ, is that true as I am currently unemployed and if I could defer I would try to? I am want to know what to do next as I am unsure why the threatening letter has come when I am making payments. Could the payments be still going to SLC and not transferring to Drydensfairfax? Do I complete the expenditure and offer to continue to pay £10 (there is a remaining £1375). What can I do about the CCJ (it has never caused a problem when getting mortgages but I will be needing to remortgage soon when my fixed rate expires and don't want it to cause a problem). Sorry for the long post and I hope someone can help me. Thank you
  17. Hallo, Please could someone advise me on how to respond here: I had a student loan when I was at University from 1996-1999. After Uni I thought I'd defered, but apparently the SL company didn't receive my form... I got a CCJ in 2001 and in 2005 started to pay the Student Loan company back £25 pcm, I am still paying this amount monthly and have never defaulted Today I got a letter forwarded from an old address from Drydensfairfax demanding the balance (£2970) or payment towards it, or else they may attatch my earnings, send a bailiff around, or place a charging order over my property Given as I have an arrangement with the SL company already and which is being honoured I'm somewhat confused as to why I am receiving this What would you advise I do? Any advice, as always, is appreciated Thanks Little Alf
  18. Apologies if this is covered elsewhere but there is so much information and commentary I cant keep up with the situations. In my case I had a credit card with MBNA and unfortunately established a debt with them. An agreement was reached to repay the debt and regular payments were being made . For no apparent reason MBNA then sold on the debt and it has been "sold" on several times since and I cant keep track of who and when these transfers have occurred but the common denominator appears to be Arrow Global . When MBNA first stopped taking my payments I stopped making any contributions and have not done so for a couple of years to any of the companies claiming ownership of the debt. I have followed the advice of dont reply to these companies and have blocked them on my phone where they do seem to ring two and three times a day often a few minutes apart. Today however I have received a letter from drydensfairfax solicitors indicating that they acting on behalf of Arrow Global and were under instruction to issue legal proceedings with a view to obtaining a CCJ. I am therefore bowing to the greater knowledge of this forum and asking for some direction of what to do or not do .
  19. Property was mortgaged in my sole name via Bank of Scotland. Account taken out in 2006. Was repossessed in 2009 following my redundancy in late 2008 and failure to pay. I had already left the property and wasn't involved with any of the process to repossess at the time. I didn't hear anything regarding the sale and subsequent shortfall until a letter from Henderson Booth & Snell (debt recovery agents) acting on behalf of Bank of Scotland on 27th November 2012. They stated the shortfall to be £26,XXX and offered the me the opportunity to pay a full and final settlement amount of £9,XXX or alternatively they would limit my personal liability to 50% of the original amount if I paid £50/month. Shaken that it was a large amount of money that had finally caught up with me, I filled in the standing order form and duly paid £50 per month every month from January 2013 onwards in order to limit my responsibility to ~£13,000. On 24th July I received a cover letter from Bank of Scotland telling me that they had withdrawn my account from Henderson Booth & Snell and passed it to Drydensfairfax. The accompanying letter from Drydensfairfax states I owe £25,XXX and as I have been making payments they consider the account not to be in dispute. They are asking me to make a repayment offer. Today I've received a follow up letter from drydens headed 'Notice of Recovery Action' giving me a final opportnuity to respond. I don't know what to do next and how to respond? I cancelled my standing order to Henderson Booth & Snell as soon as I received the letter, so my final payment to them was 12th July. I calculate that I paid £950 to them between January 2013 and July 2014. I've checked my credit report and my account with Bank of Scotland is showing as closed and 'satisfied' in May 2010 (one month after the property was sold at auction in April 2010). No other mention of this on my credit report at all under any other ownership. Having received the second letter from Drydens I am now extremely sceptical as to whether the first letter did originate from Bank of Scotland as both letters sent to me have the same return address, bar codes and font style used. The Bank of Scotland logo is faint and looks scanned in. The only information communicated on the Bank of Scotland page is my mortgage account number and balance owed. Are Drydens trying it on here??? The Bank of Scotland letter uses a PO Box 66, Rosyth, KY11 2WG address and the name on it is Paul Cameron. If my account is showing as 'satisfied' on my credit file, do I have to do anything? Thanks for reading.
  20. I have received a letter from drydens fairfax solicitors threatening bailiffs, putting a charge on my house and attachment to earnings - standard stuff I think from reading other posts on here. My CCJ was received in default judgment in 2005 and since then I have been paying £55 per month. I stopped paying it because I simply could not afford to pay it. I am on disability benefits and my husband is a pensioner. I want to know what is the worst they can do to me. I do not want to complete their income and expenditure form as I know they will expect me to pay £200 per month or something ridiculous. If I let them take me back to court what would happen? I am really aggrieved about this because I have never earnt over the deferment level since I left university but because I did not complete deferment forms they got judgment in default. Am I ever going to be rid off this student loan?! My husband is worried about this and thinking of using his lump sum state pension payment to settle my debt of £4000. I really don't want him to have to do this but do you think drydens would accept a much reduced figure since they have paid peanuts for my debt?
  21. Brief history; Obtained two student loans in around 1993 and 1995 on the "old" mortgage style agreement. Paid some of the loans back and then moved to Ireland around 1997 where I continued to pay money back. However, ultimately my wages dropped, and moving house a few times I contacted them to update my address and request deferment forms. None were ever received. Tried contact a few more times with no success, then moved again and in the way of things got on with my life. After around 5 years in Ireland I moved back to the UK in 2002 before heading off to Australia where I stayed for over a year. Arrived back in the UK in early 2005. It was towards the end of 2005 that I discovered I had a CCJ against me (I did a credit check with Experian as my partner and I were beginning to think about a mortgage and settling down). I did not know what the CCJ was for, but it was due to expire in a matter of months so I decided to leave it as it was not going to impact on our plans. Subsequent application for a mortgage in late 2006 was successful. A few years back I started receiving "statements of account" from the SLC stating the outstanding balance and also that "This is not a request for payment". I did nothing with them as over 10 years had now passed with no contact. A few months back I received notice that Erudio was taking over the loan. Then earlier this week that they had passed the account to drydens fairfax. Yesterday I received a letter from drydens stating that; The CCJ was for the loan and was awarded on 2nd March 2000. "Where we have information that suggests you are employed, our client may look to obtain an attachment of earnings order (AOE) against you. A fee may be added to the outstanding balance and the court may make an order that requires your employer to deduct payments from your wages until the judgement amount is repaid." "Where the judgement is over 6 years old we may apply to the court for permission to issue a warrant of control enabling a County Court bailiff to attend at your address to take good where appropriate to the value of the judgement amount. If the judgement is less than 6 years old we can issue a warrant without permission." "If we have information that suggests you are a homeowner, our client may also secure its position by applying to the court to obtain a Charging Order over your property." They enclose a financial questionnaire as well. What strikes me is; The number of times the word "may" is used in all of this. I was totally unaware of the existence of the CCJ until about 4/5 months before it expired. Does that have any relevance to anything? It has now been over 8 years since the expiry of the CCJ (over 14 since it was issued). My understanding is that they would need to get the CCJ reinstated or something which is very unlikely given the length of time and the fact that I have done nothing to hide myself other than being in other countries for a number of years. It has probably been around 15 years since I last contacted the SLC or anything regarding this loan. So. Is their letter just an attempt to scare me into doing something stupid when they can do nothing at all on this matter any more? If so, what response should I make to them - should I be requesting details of the alleged debt, copies of the contract, etc.?
  22. hi i have sent Cabot a CCA request on 21.7.14 for an old Halifax debt going back to 2005, which my partner has been paying a token payment of £1.00 since He recieved a replay back from Cabot on the 24th july that they will try and provide the information requested within 40 days Today i have recieved a letter from Drydensfairfax solicitors acting on behalf of Cabot, the usual threats, do i ignore this letter or do i need to reply to Drydensfairfax
  23. Hi I hope someone can help me. I will try and summarise below my situation and any help will be greatly appreciated. My house was repossessed in 1998, in 2004 DLC wrote to me requesting payment and unfortunately I responded. Since then I have been paying back an amount every month. Today I received a letter from Bank of Scotland saying they have withdrawn my account from DLC and passed it to Drydensfairfax with immediate effect and the reason is due to a process change within the bank. Attached to the letter was a letter from Drydensfairfax asking me to contact them to arrange payments but they say by law they are required to assess my personal circumstances first and that I have 10 days to respond. The amount I owe stated by the bank and Drydensfairfax does not match the amount DLC state - infact the bank and the solicitors say I owe £300 more than DLC statement. What would be the best course of action ? I don't want them to carry out a personal assessment but I also don't want to pay an incorrect amount. thanks
  24. Hi all, Am attempting to assist a colleague and friend who is in a bit of a pickle with the above. It relates to a Sainsburys account they opened way back in 2003 and defaulted on in 04/2008. They referred to Blair Oliver and Scott who were CCA'd in early 2009 but failed to comply, (much later sent application form which was illegible and also later a copy of an agreement which was clearly a fake as had address details which were not current at the time of taking out the agreement but were at the time of request!) Sent various letters threatening immediate court action etc between 04/08 and 03/09 at which point account in dispute letter sent as no info recd by that point. Continued to send threatening letters and 05/09 they sent acc in dispute letter again. They ignored and continued to send threats etc. Acc in dispute sent again by recorded delivery and fax too 08/09 Continued with threats until 01/2010 when letter from Moorcroft appeared (no letter advising change of agent/DCA recd) Letter sent advising in dispute and default of CCA and then transferred to CapQuest. All of this correspondence came to their current address until CapQuest got involved who then started sending correspondence to an old address not valid since 2007 at least. Eventually letter came to light as they do have limited contact with persons at the old address and so they wrote to CapQuest pointing out the issues (CCA and in dispute, plus apparently false docs sent) In 07/10 08/10 and 09/10 CapQuest wrote several times to the current address confirming matter under investigation, on hold etc. Then in 07/2011 they sent a letter advising about to issue a stat demand to the OLD address again and then later that month issued a Stat demand to the old address though curiously with a court more local to the current address (attempt to get judgement by default?) As this didn't reach them until well after the period dictated it was too late to respond. Shortly after in 08/2011 HL legal wrote to say as they hadn't responded they will proceed with Stat demand again sent to the old address with a final payment demand to avoid such action. Then quiet until 10/2011 when it appears Scotcall took over and sent letters threatening a home visit, again to the old address until 03/2012. Quiet again until 11/2012 when Debt Managers Ltd to current address with req for payment, then 12/2012 from the same lot threatening doorstep visit. Nothing then until 06/2013 when CapQuest resurface sending letter to old address stating now referred to Past Due who then write to old address from 08/2013 to 10/2013 then current address from then on. in 12/2013 CapQuest write to old address again saying account returned by Past Due then nothing until 04/2014 when DrydensFairfax appear, again to the old address threatening all sorts, then again in 05/2014 to the old address, and finally a County Court Form appears again sent to the old address in 06/2014. Clearly all of those involved should know of the current address, CapQuest even wrote to them at the current address several times, but are now sending Court Docs, and previously have CapQuest sent a Stat Demand to the old address even after it is clear they knew this address was not current. To me it seems they are trying to get judgement by default by sending Court Docs to an old address they know is not valid having previously written to the individual's current address several times. There is also the question of the seemingly abandoned Stat Demand, also sent to an old address, plus the clearly spurious agreement sent in an attempt to satisfy the CCA request back in 2010/11. Payments may have still been made via CCCS until 2009 so may not be stat barred yet I believe. Am awaiting more info from my colleague on this to see when this stopped. So how best to defend this for them ? Advice gratefully received, am currently thinking that I go with CCA request not complied with, attempting to obtain judgement by default, abuse of process re Stat demand and so on? Help ! (They have another issue which I'll cover in a separate post re Marlins and duplicating defaults too, I suspect more will come to light too, a friend in need is a ......... complet as appropriate lol)
  25. Hi All, I have received a claim form, today, this is what I have done so far. Prepared but not sent - SAR, CCA Request, CPR 31.14. My Answers to your questions are shown in RED. Thanks all You have received a claim form. In order for us to help you we require the following information:- Name of the Claimant ? Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14th April 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. 1. The claim is for the sum of £8400 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account ****** upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claiment who has a genuine commercial interest. The defendant has been notified of the assignment by letter. What is the value of the claim? £8400 Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? No Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Original agreement was 1999 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I had one this year, not in 2013, not in 2012, 2011 - 2008 Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, paid for about a year, disputed interest and charges, told them I would pay what I had borrowed but nothing else What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Request 1 - Loans/Credit Cards Request 2 - Current accounts Thanks for reading, look forward to your thought.
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