Eversheds & Fairfax Solicitors

[knutmill]

Over a year ago I sent Eversheds a CCA letter regards a debt they are trying to claim payment for.

I received no reply.

They have now sent me a letter stating that they have transferred their unsecured deliveries business to Fairfax Solocitors. I should now make arrangements to pay Fairfax Solicitors.

 

What should I do now and with them not proving the debt are they out of compliance?

 

Cheers

Steve

[dx100uk]

oh yes.

 

please give us more info

how old is the debt etc etc.

 

dx

[Stephan56]

Agree re need for more information. Fairfax is just a buy out of the business of Eversheds - so not really a new firm

[knutmill]

Hi Thanks for the replies.

The debt is about 9 years old and nothing has been paid towards it since the Autumn of 2002.

 

Hope this helps.

 

Cheers

Steve

[debt4get]

I think you will find that this debt is now statute barred if you have made no payment nor acknowledged that you owe the money since 2002, debts are statute barred after 6 years if no payment/acknowledgement made, sending for the cca does not constitute acknowldgement, i would send a statute barred letter and forget about them

[debt4get]

Dear Sir/Madam

I do not acknowledge any debt with your company

Acc/Ref No

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

personally i would send them this

[loobyloo85]

Yes if you have not had any correspondence from them, or payments made to them since 2002, this debt will be statute barred x

[debt4get]

Yes if you have not had any correspondence from them, or payments made to them since 2002, this debt will be statute barred x

I dont think that is quite correct, any correspondence from them does not apply, the only thing that does is if you have acknowledged or paid any money on the account in the last 6 years, otherwise it would mean all dca's would have to do is write to you and say 'oh we sent you a letter 5 years ago therefore its not statute barred' i think not

[sequenci]

I dont think that is quite correct, any correspondence from them does not apply, the only thing that does is if you have acknowledged or paid any money on the account in the last 6 years, otherwise it would mean all dca's would have to do is write to you and say 'oh we sent you a letter 5 years ago therefore its not statute barred' i think not

 

Yup... that's true. acknowledgement has to be from the debtor to the creditor stating that they acknowledge that they owe the money. a creditor could send millions of letters and none would ever amount to acknowledment.

[dx100uk]

Hi Thanks for the replies.

The debt is about 9 years old and nothing has been paid towards it since the Autumn of 2002.

 

Hope this helps.

 

Cheers

Steve

 

then it is well statute barred

i would totally ignore them.

 

dx

[knutmill]

Hi All,

Thanks for the advice.

Sorry I haven't replied sooner but I've been away from my computer.

I presume sending them the CCA letter last year is not acknowledging the debt?

If so I will send the stutue barred letter

 

Thank You

Steve

[dx100uk]

no a cca request is prob why you have these letters now.

and i bet you sent it in response to another co's threat?

all they do is pass it on a phishing list

and ofcourse dont tell the buyer its SB'ed else the next dca wount buy it!

i'd ignore them

 

dx

[akirayuki]

Hi all,

 

I've been reading your posts with much interest and am quite enlightened by some of the points which have been discussed. I have received 3 letters from Fairfax Solicitors asking for money covering debts which I had in the early 2000's each threatening court action if I did not start a payment plan or pay the outstanding amount in full. The total amount is for just over £10,000 and Fairfax say they are acting on behalf of a collections company called Max Recovery. The debt is split between 3 creditors. I have no idea when the last time any payment was made towards these debts but my Exquifax credit file has these debts as defaulting in September 2003 and no entrys after this date. The Equifax payment information for one of the debts has no information on payments from 2001 to 2004 apart from the "D" for default in September 2003. I'm not sure where I stand on this and I'm not sure how accurate my payment information is on my credit file. I have sent the letter posted above to Fairfax and I am still waiting for a reply. Also I would like to know what constitutes as "Evidence of payment". Is them saying that I made a payment in 2005 of £xx sufficient enough evidence or do they need to supply much more detailed information of the nature of the payment; card type/number etc.

 

Regards and thanks for reading!

 

Akira

[sequenci]

Is them saying that I made a payment in 2005 of £xx sufficient enough evidence

 

No it's not, they would need to prove the actual payment was made. Hearsay is insufficient.

[brigjacj]

Re Fairfax And The Dept Of Work And Pensions Are They Acting As A

Dca Having Bought The Over Payments As A Debt Or Purely As Solicitors?

They Appear To Be Unable To Read Any Letters Sent To Them And Ignore

Mostnthings.

[vickee66]

Hi there , I am new to this forum after coming across it on google , so I apologise if I am posting in the wrong place. I have just started receiving letters from Fairfax Sols about a debt owed to Max Recovery for over £25000. I am presuming that these debts are from a failed IVA. I am really not sure what to do now. The IVA failed in 2006 but after receiving a letter from Debtmatters who originally dealt with it , it was then passed on to another company called Grant Thornton and I heard nothing more for years. My credit file shows the IVA as complete. Fairfax are threatening to take me to court and to send Baillifs to my Mum's house which is rather worrying. They are asking me for the amount in full which I obviously can't pay. Any advice anyone could give me for what to do would be very helpful

[brigjacj]

Does any one know if Fairfax purchase social security over payment debts from the DWP or are they acting purely as ''solicitors'' or ad a debt collection agency?

[debt4get]

Hi there , I am new to this forum after coming across it on google , so I apologise if I am posting in the wrong place. I have just started receiving letters from Fairfax Sols about a debt owed to Max Recovery for over £25000. I am presuming that these debts are from a failed IVA. I am really not sure what to do now. The IVA failed in 2006 but after receiving a letter from Debtmatters who originally dealt with it , it was then passed on to another company called Grant Thornton and I heard nothing more for years. My credit file shows the IVA as complete. Fairfax are threatening to take me to court and to send Baillifs to my Mum's house which is rather worrying. They are asking me for the amount in full which I obviously can't pay. Any advice anyone could give me for what to do would be very helpful

you will need to start your own thread otherwise it will get complicated..first of all you need to know these people CANNOT send a bailliff to the house only a court can order this...now you need to find out what the debt is about so suggest you send letter to them asking

 

Date:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

Dear Sir/Madam

 

 

I would point out that I have no knowledge of any such debt being owed to you

 

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

[debt4get]

i wouldnt think dwp would have sold overpayment debts as this actually government money...would think they are merely acting as collectors..though i could be wrong....what do their letters say?

[brigjacj]

Fairfax insist that no offer of repayment ca be accepted without proof of income documents being provided I quote.'returning proof documents is of paramount importance without these documents, payment offers CANNOT be accepted.

No court order requiring a financial has been made or means check required.

they also quote Court guide Lines on disposable income when no court action has been taken does anyone know the legalities of this?

[debt4get]

Hi all,

 

I've been reading your posts with much interest and am quite enlightened by some of the points which have been discussed. I have received 3 letters from Fairfax Solicitors asking for money covering debts which I had in the early 2000's each threatening court action if I did not start a payment plan or pay the outstanding amount in full. The total amount is for just over £10,000 and Fairfax say they are acting on behalf of a collections company called Max Recovery. The debt is split between 3 creditors. I have no idea when the last time any payment was made towards these debts but my Exquifax credit file has these debts as defaulting in September 2003 and no entrys after this date. The Equifax payment information for one of the debts has no information on payments from 2001 to 2004 apart from the "D" for default in September 2003. I'm not sure where I stand on this and I'm not sure how accurate my payment information is on my credit file. I have sent the letter posted above to Fairfax and I am still waiting for a reply. Also I would like to know what constitutes as "Evidence of payment". Is them saying that I made a payment in 2005 of £xx sufficient enough evidence or do they need to supply much more detailed information of the nature of the payment; card type/number etc.

 

Regards and thanks for reading!

 

Akira

 

this would be statute barred..ignore or tell em

[debt4get]

Fairfax insist that no offer of repayment ca be accepted without proof of income documents being provided I quote.'returning proof documents is of paramount importance without these documents, payment offers CANNOT be accepted.

No court order requiring a financial has been made or means check required.

they also quote Court guide Lines on disposable income when no court action has been taken does anyone know the legalities of this?

 

what they are saying is..they require you to send an income and expenditure report before they will accept payment...the court has not yet ordered this...tell em to sod off...only a court can actually order you to do this not some jumped up little oik

[ManSizedRooster]

Never give them this info or they’ll use it as a stick to batter you. Keep them in the dark. Their MO is 1) Get as much info about you as possible 2) Get you pay as much as possible 3) Use 1 to achieve 2. I got that from a post on this site about life working in a DCA. I got the same forms to fill out and return from Eversheds and it’s nonsense, I ignored it an used a template from this site instead. I particularly liked that they suggest you tell them how much your car costs, but don’t include petrol, Idiots. Plus the notion that they can't accept an offer of repayment without proof of income is drivel. If you offered them £200 a month on a £2000 debt they'd bite your hand off regardless whether or not you sent them POI.

 

 

 

MSR

Edited March 8, 2010 by ManSizedRooster
I had another thought.

[shafted]

Blimey i cant believe what ive done, i also have debt with the above mob its derived from DWP ive been paying towards for the last 3yrs, then they sent me an i&e to fill out which ive done and like an idiot i sent 2 months bank statments i did cross out acc no, and other tranaction names just left figures for them to see, they threatened me with ballifs, prison, and taking my driving lisence away, thats if i dont pay more which at the moment i cant do as my trade has been hit very hard by the current recession, and you say they cant have this info only a judge can, what an idiot ive been.

[ManSizedRooster]

Well it's a learning curve and CAG is our university. Take control over the DCA's, they're powerless puppets, they can't take legal action against you (only the creditor can do that), all they can do is try and scare you by assuming that you are ignorant (which you're not) and barking at you. I think Eversheds are actually the least offensive of the lot judging by what I've read on these forums.

 

 

More power to you shafted.

 

 

MSR