Seeking advice on old debts when i have a clear credit report.

[the_blue_cat]

After i send this last letter i will ignore everything else. The letter says it all, prove it or go away.

[the_blue_cat]

Interesting.

 

I just received yet another letter from Fairfax. THis one is in acknowledgement of my CCA request and are asking for additional £1's for each of the accounts that they have. Yet they still don't provide any information. Yet they nicely go onto say that action on these accounts will be with held for 7 days for me to put in a CCA request for each of them.

 

Ha ha ha.

 

With hold action, they can't do any action until they can legally prove that any debts exist in a court of law.

 

So what you think, ignore?

[dx100uk]

might be worth the giggle

 

dx

[the_blue_cat]

Yes it is interesting. They don't actually acknowledge the original cca request but only the complaint that i sent in when they failed to comply with it. And all of a sudden there's several accounts instead of the one account that was on the previous letters, with all the new accounts labelled a, b, c, d, e, f, sounds like they just want to get an extra £6 off me. Certainly doesn't look good or very professional if it ever went to court.

 

So just ignore and wait for them to attempt a court case?

[dx100uk]

well for £2 i'd ask for the cca's

 

dx

[the_blue_cat]

so should i request a CCA for all of these accounts (which would be about £7) that have suddenly appeared, bearing in mind that i only have their own ref numbers for these accounts and don't have any more information than that?

[the_blue_cat]

Hang on a minute. I've just been looking over the letters sent in so far to myself. Now initailly they cliam i owe £29k to Max recovery representing several clients. Then the next one is £29k to MBNA under the same ref of theirs and now they come back with the origainl ref will be suspended until they can produce a CCA but there's several other ref's of there's with the same ref number ending in a or b or c or d or e or f. And after that it all of a sudden says they have another ref which is completely different. So all this time they've only mention the one company under the one ref, this totally smells of fish. Especailly the new last ref which all of a sudden appears when they suspend the first one, i suspect its the same one and they still haven't provided any additional info.

 

SO my question to you my fellows, do i just ignore or do i CCA request all of these new ones (which is wasting my money)? Or do you just think they're taking the ****.

[dx100uk]

ah! now you're thinking upon our lines atlast.

 

ignore the fleecers!!

 

they have had you up till now because you have wanted to pursue it.

now you have seen the light.

 

TBH: i thought i while back...silly begger leave it alone, just think what they said when they found their phishing trip had caught a mug..you...hey jimmy.what.we got one..what a mug........yea.hook line and sinker.....

 

dx

[the_blue_cat]

Just as an update on this.

 

Got another letter from Fairfax. This time quoting the new ref that appeared when they couldn't find a CCA for my request. And this one's for only a grand and a half for Max Recovery.

 

They seemed to have dropped their asking of £29k just a bit.

 

hahahahahahahaha

 

*ignore*

 

Although from looking through a few other threads it looks like Fairfax have indeed been taking people to court. I've read that it helps your defence if you request the CCA that they don't provide. SO i'm starting to think now that i should CCA this one. Or if anyone thinks that it's stupid too then let me know. I basically don't want to do anything that may harm my defence if it ever goes to court.

Edited May 10, 2010 by the_blue_cat

[sillygirl1]

There we go or there they go.... your next letter will probably offer a generous discount if you phone them with your bank details...

 

A pishing trip to try to trap you into resetting the clock on some soon to be statute barred old debts.

[BlurredFX]

Hahahahahahahahahahahahahahahahahahahaha:D

[dx100uk]

ignore...........

 

dx

[the_blue_cat]

Another letter turned up today. In case you're all wondering I thought i'd document everything that comes through from Fairfax Solicitors for everyones benefit in similar situations.

 

This one lists an Argos account with the debt of about fifteen hundred pounds. Apparently their instructions are now to commence further action (oh god noooooooooo, i jest). They MAY issue proceedings through a court. Thats nice of them to tell me what they might do. I may have a pizza for my tea tonight.

 

Now then folks do i bother to CCA this one yet or just ignore it again.

 

To be honest if they take me to court they will have to produce the CCA, default notice and NOA. There is no default notice as one was never issued (i entered the IVA before i defaulted) and surprise surprise there's no NOA ever been issued.

 

I actually might just CCA them for this one. This is listed under their account number that was all of a sudden found after they failed to provide a CCA for the last one for MBNA which they claimed was for a totally silly amount of the whole combined sum instead of what it was actually for.

 

Or do you still reckon i should ignore it?

[dx100uk]

let em hang themselves i think

by the time they've magic'ed up spoof paperwork

the lot will be statute barred.

ANd they have got to PROVE they do have the cca/noa etc etc.

 

i like the way its gone from £29k to £1k5

 

ignore them see what other crap they can troll

 

they do seem to rather be having a bit of trouble getting their ducks in-line.

 

dx

[BlurredFX]

I agree with dx. One caveat - I am unsure as to how if and how IVAs are different - because you have acknowledged the debt at that point I would imagine - but I really don't know. It might affect the stat barred date. Sorry to be vague. When did you sign the IVA?

 

If you want to CCA them, you may as well SAR them perhaps?? Just a thought.

 

Ignore.... as dx suggests.

 

FX

[BlurredFX]

In case you're all wondering I thought i'd document everything that comes through from Fairfax Solicitors for everyones benefit in similar situations.

That's the idea

[the_blue_cat]

ANother letter turned up today after ignoring tyhe last one. Pretty much says exactly the same but this time in bold text, "you have seven days to pay blah blah blah or else we might do something else blah blah blah ...." and also saying that if legal proceedings against me were obtained then blah blah blah. If you're gonna take me to court thaen do it already, oh wait you haven't got any of the docs to make it legally enforceble lol.

 

Filed under 'ignore' like with the rest of them.

 

At some point they probably will try it on just to see what defence I'll give, now does anyone know of any case law in regards to failed IVA's and if that has an precedence over a lack of DN or Termination notice. Although i still presume the lack of an NOA is still in my favour.

 

Or should i CCA this one?

Edited May 25, 2010 by the_blue_cat

[BlurredFX]

At some point they probably will try it on just to see what defence I'll give

I doubt it in all honesty. If they issue proceedings, we just ask for the evidence once more...

 

IMO, and I am not experienced in this area at all, but whoever did the IVA got their fee and legged it - they were interested in earning their fee and that's all - they had no interest in actually getting the money paid - they never lent it to you. And now you have someone with your data trying their luck... might even be the same bunch behind it all. [problematic]??

 

I think you have had a touch, but that's just an opinion...

 

FX:)

[the_blue_cat]

Another letter inthe post today. Much to my amusement i'm now offered a 'significant discount' to settle with Max Recovery. Although the letter fails to specify what that would be, asking me to call and find out. lol

 

On the ignore pile.

[dx100uk]

yep!

 

hehe oh god, he's found out we're trying to fleece him.......

 

dx

[the_blue_cat]

I'm almost embarassed for them. They've gone from really threatening to pleading.

[BlurredFX]

£29k all the way down to begging letters. Go CAG!

[Bigdebtor]

I bet they'll eventually give up pretty soon. You're proving too expensive and difficult to chase.

 

BD

[dx100uk]

i think it's also worthy to mention the turn-around of the attitude of the user here too.

 

from very worried - to SO laid back....

 

well done cag!

 

dx

[BlurredFX]

dx,

 

you any good at counter claims?