Max Recovery/Fairfax Solicitors... AGAIN!

[akirayuki]

Hi all,

 

Sorry in advance if some aspects have been covered elsewhere...

 

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 a letter to Fairfax stating that I do not acknowledge the debt and asking for evidence of last payments as I believe it may be Statute Barred. 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

[PGH7447]

see what they come back with, if they are not clear thn send the statute barred letter and let them prove other wise

[silverfox1961]

Hi again,

 

Yes they have to prove when this "alleged" payment was made.

 

If they come back with a statement saying you paid it, you just have to write back saying "when, where and who by"

What does happen(allegedly your honour ) is that a DCA will make a token payment to themselves to restart the SB clock

[akirayuki]

Just to add I did call them last week because they were hassling my Mum as her's was the only number they had. The lady I spoke to on the phone was very rude, arrogant and intimidating and I found it very difficult to get her off the "script" (You know the drill; make payment now in full, court, ccj etc...). What I wanted to know was who the debt was with and for how much. It wasn't until later that evening I stumbled across this site and next day I sent the letter off to them.

 

Akira

[akirayuki]

Also what is the likleyhood of Fairfax taking this any further than just letters i.e bailifs (spelling?), County Court Judgement or Attachment of earnings? Because all these sound pretty scary stuff!

 

Akira (thanks again for your replies)

[silverfox1961]

well a bailiff can't turn up at your door without a CCJ first.

If they did take you to court and more importantly, won the case, you would be ordered by the court to pay the judgement and then if you didn't pay a bailiff could turn up. The same applies for an attachment of earnings.

 

ALL DCA's will send letters saying we "may" do this or we "could" do that. Very rarely will it say we "Will".

 

If you happen to know which creditors they are, you could SAR them which would get back your statements (and other stuff) which would show you when payments were made before the account was passed on.