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Found 2 results

  1. I was repossessed by Halifax with a shortfall of 30k. I agreed a standing order with Henderson booth Snell Manchester. They kept collecting monthly payments and a lump sum of 5k. Then the collections stopped some years ago. Yesterday Dryden Fairfax called and said I still have an outstanding debt of 28k. Do I engage with Drydens or just tell them to refer to Henderson Booth who by the way I haven't been able to contact for a couple of year. Please help. Many thanks.
  2. Hey guys Three days ago a bloke turned up at the door and handed me an SD issued by DrydenFairfax on behalf of Capquest for an Lloyds current account overdraft for an amount of about £1k. In the POC they suggest a default notice was issued in July 2009 by the OC. I don't recall any default notice or notice of assignment to Capquest. I did have this account in dispute years ago and SAR'd them. I've had a look through the stuff they sent me and cannot find any default notices etc. I've read quite a bit about getting the SD set aside and reasons for do so, but I'm a bit confused as to the difference between overdrafts on current accounts and credit cards. Most SD threads relate to credit cards and the suggestions about sending the £1.00 CCA request don't relate to current accounts/overdrafts. With regard to setting the SD aside, bearing in mind this is an overdraft I am of the opinion not to send the CCA request. Is that correct? Is there anything I should be aware of when replying back to these clowns with regard to it being an overdraft and not a credit card, or can I still use the usual defences that have been discussed many times? There are defence elements that I've read that refer to the Consumer Credit Act 1974 (eg On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section136 of the Law of Property Act and Section 82A of the ConsumerCredit Act 1974.) ...I didn't want to include anything in my defence/reply to them that is not relevant with this being an overdraft. Please can someone clarify? Many thanks KMAN
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