max recovery/fairfax/drydens - old Santander store card IVA debt

[leanne1892]

Hi,

I have recently failed an IVA around Nov 2011 as was unable to make there payments or agree upon a new repayment plan,

 

now in August 2012 I have received a letter from drydens fairfax solicitors requesting

'immediate repayment of £1681.94' from their client Max Recovery Limited.

 

I called them on 9th August on the number supplied and asked for a breakdown of what this debt was for,

the lady on the other end was rather abrupt and stated it was from Santander,

 

when asked what it was exactly she said more than likely a store card,

so I asked for more specific information as to what the store card was, she did not know this..

.. so I was not willing to discuss this issue further so hung up.

 

Today10th August a man from the same firm called me to discuss the debt,

I asked for him to not make contact via telephone and to put all correspondence in writing

as I was not happy with my initial call that I made on the 9th and didn’t wish to discuss the matter verbally,

 

I also advised him that i would be sending him a letter requesting a clear breakdown of what the debt is for

and what period of time and also that matters be liaised via letter only,

 

he said he was calling to help solve the matter and that calls will continue as it will be showing up as not resolved

and that was why the lady had called me the previous day (I called her!!!)

and why he had called me today he then said he will await the letter and hung up.

 

This company sounds like a bullying type of firm and I wish to know what I should do,

I am not in a position to offer large lump sums to get the debt written off or offer much in regards of a payment plan,

also not in a position to go into a IVA again.

 

I stating I was going to send a letter requesting breakdown etc but this was just said in jest

and unsure whether this is the best option etc,

 

upon reading a few forums I’ve found many to state NOT to call them however this mistake has already been made

and I feel I will be hounded by calls.

 

Ive since reviewed my credit report and cant see any reference to the amount requested nor to the names of either parties named above so still cant figure out what the debt links too, please help!

[Bazooka Boo]

Correct NO MORE CALLS!

 

Keep everything in writing, if they ring, laugh and hang up. Repeat process every time.

 

Do nothing until they send you a letter, if you don't receive one then you owe nothing.

[citizenB]

You really do need to make contact, in writing and ask for the breakdown.

 

IMHO, you should ask for a CCA request - this will cost you £1.00 and you are entitled to receive a copy of the agreement, a statement of account and all the terms and conditions associated with the account.

 

You should send the request to the Original creditor - Santander.

 

If this is a storecard, then you might want to read the following article..

 

http://www.consumeractiongroup.co.uk/forum/content.php?867-Has-your-store-card-been-automatically-upgraded-Hot-News-for-you!!!

[Bazooka Boo]

The OP has no knowledge of what this debt is or who it relates too? So IMO they need to wait for written contact before they can begin to attack this correctly.

[leanne1892]

Hi thank you for the replies,

where would i find the best address to use to send the letter to Santander?

 

Also on a thread read recently there was a comment that states If i send the request for cca to the solicitors

who have now obatined the debt they should forward the request to relevant creditor (santander) is this not correct?

 

whats this about 12+2 that ive read on some threads?

 

Bazooka Boo I will take your advice on board, Ive also read somewhere that they have to abide by your request on how to be contacted and not use other formats is this correct?

 

Thanks!

[Bazooka Boo]

Are you aware of any debt to satansbank?

 

Faifax are just fake for hire sols. check your credit file and see if anything is on there which relates to this, it sounds like another one of their phishing trips.

[leanne1892]

I did have store cards that defaulted but dont know if these are underwritten by santander

just known to me as argos, next etc,

 

ive reviewed my credit file under noodle.co.uk and nothing shows on there for the amount requested

not even when I combine two figures together can i get to this figure,

 

there shows on this report under closed accounts for santander as river island and topshop as these where paid and never defaulted

 

but rest of defaults are for:

Capital one,

Natwest,

tti spc (dont know what this is maybe argos)

and next nothing showing as santander

so unsure what debt there linking it too

 

as stated I cant locate the amount there asking for,

 

I'm going to use the letter on a thread on here as a template

and send it along with the £1 but unsure what address to send it to for santander

or whether to send it to the solicitors who sent me the letter on behalf of there client

'Max Recovery ltd' ??

[Bazooka Boo]

Which is why I would wait until something comes through the letterbox before replying to them, this is probably a phishing trip.

[leanne1892]

Which is why I would wait until something comes through the letterbox before replying to them, this is probably a phishing trip.

 

Sorry wait for what to come through the post before replying to them?

they have already sent me a letter dated 6th August stating payment is due for £1681.84 from their client max recovery,

 

ive since phoned them to find out that its linked to a santander debt,

so im going to have to send them the cca request and then await further details from them

or are you telling me to await further contact from them before doing this cca request?

 

Sorry just unsure what you mean by await something to come through the post

before replying when something already has came through via post.

 

Thanks.

[Bazooka Boo]

sorry my apologies I didn't see that.

 

I thought you had been phoning them.

 

As you are unaware of this debt then send them (Fairfax) http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

They 'should' send you further evidence of exactly what this relates to, simply saying it is for 'satansbank' isn't good enough.

 

Send it 2nd class and obtain proof of posting which is free from the PO counter.

[leanne1892]

Thank you! Ill send the letter asap, your advice has been much appreciated!

I'll keep the thread updated on the progress and if they continue to phone me I will refer to your early suggestion of laughing and hanging up.

 

Thanks.

[Bazooka Boo]

Your welcome..

[dx100uk]

IMHO i'd totally ignore them

 

max recovery are a very lowlife DCA

 

and their 'fake' solicitor fairfax [guy at the next desk in a diff skirt]

even more so.

 

they are bottom feeders that chase debts no-one else will

touch with a barge pole or that are SB'ed.

 

as for you debts...

 

there are loads there that look like candidates for eclaiming?

 

ever looked at getting back PPI or PENALY fees>?

 

dx

[leanne1892]

Hi dx100uk there was no ppi applied to any of my loans, credit cards etc so unable to take this avenue.

 

I have just been awoken to a further call at 8:25am this morning again from a fairfax representative to whom I stated again not so politly that I wish to only be contacted via post he has stated he will get my number removed, if they now call me again (which I know they will!!) what avenues can I take to raise a complaint as they must have to abide by my request for how I wish to be commuinicated too.

 

Thanks.

[Bazooka Boo]

OFT&TS need to be made aware of your complaint, and Ofcom.

 

If it continues then a visit to your local police station to make a report of them committing the criminal offence of harassment.

[leanne1892]

I am in the process of sending off a CCA request to Drysdenfairfax

but would like some advice on my credit report,

 

I ran a free credit report via noodle and it showed nothing at all linking to this debt,

 

I today ran a report at checkmyfile.com and found this debt showing under a credit card with debt collector

not as a store card as I was originally told it was by the not so pleasant lady when I called for a breakdown,

why is this showing under one search but not another ???

 

is there a search that anyone would recommend that shows all my history

so i can gain better knowledge of this proposed debt to santander (store card/credit card)

also it shows a default date of june 2011 but last payment was Oct 2010 ??

 

Thanks.

[dx100uk]

urm.

 

starting to look fishy here.

 

credit expert and experian or the better cra's.

 

just cancel before the 30 days are up for it to be free.

 

looks like the debt has been brought by the named DCA.

 

yREALLY need to staty off that phone too!

 

writing ONLY now, you need a papertrail.

 

dx

[leanne1892]

Thanks,

i will not use the phone in any further correspondance,

 

ive also stressed on their last call too me that i only want to be contacted via post so hopefully they will adhere to this,

 

Ive applied to equifax as the two you suggessted I have already had a free trial with a while back

this shows up on equifax file under max recovery debt which now seems to have been sold on to drysden fairfax

but i am still unsure about what the debt is?

 

and who it was with?

 

so will proceed with the cca and keep the thread posted for further guideance, thanks!

[leanne1892]

Hi,update to my issue:

I received a letter dated the 13th August which read:

Please find below full details of the accounts assigned to our client Max Recovery,

we trust thismeets with your requirements,

then at the bottom was the creditor-Santander,

ref- Which was full card/account number,

Their Ref and then balance,

as this was not suffice

I proceeded with the CCA request and this was sent on the 16th August and received by them on the 17th August

I then received two letters both dated the 20th August, one letter states:

I have failed to repay the sum of 1681.84 and that not doing so within 7 days legal action may be taken,

the other letter is too confirm receipt of my correspondence and that they are now contacting there client for my Original Agreement

and that no further action will be taken until this has been received,

so I’m assuming I ignore the 1st letter dated 20th and await further correspondence?

 

yep

 

Thanks!!

[dx100uk]

wait the non existant cca!

 

dx

 

 

dx

[gust]

my sig has the £2 stat report links for the other 2 CRA's

[Bandit127]

Yes, ignore the threat-o-gram. Someone in the office didn't tell someone else to flip the switch on the computer to turn off the automatic letters to you. Hopefully they have done that now.

 

Once your 12+2 days are up (30th) you can put the account in dispute because of their default of your CCA request if you want to. Remind them that the OFT advises that all recovery activity should cease while they investigate your dispute.

 

Be aware though that sending you a reconstructed copy of your agreement (and a Statement of Account - hopefully you requested that too?) will prompt them to start hassling again.

 

If they go quiet and stay quiet I would advise you to let the sleeping dog lie.

[leanne1892]

BANDIT127-This is what I sent along with a £1 postal order, I found this on here so sent it. Should i send further request for 'statement of account'? or will this be included.

• 
  This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act1974. I require you to provide me with a true copy of the credit agreementrelating to the above account, together with any other documentation the Actrequires you to provide.
   
  I expect you to comply fully and properly with this request, within thestatutory time limit. You are reminded that should you fail to comply with myrequest, the provisions of s.77(6) will apply.
   
  If it is your view that you are not the creditor, s.175 of the CCA 1974 appliesin the case of a simple assignment, and places a duty upon you to pass thisrequest to the creditor. In the case of an absolute assignment, you are acreditor as defined by s.189. If you contend that you purchased the rights butnot the duties of any agreement, you are reminded that s.189 of the Act isclear that an assignment is of both rights and duties.
   
  Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protectionfrom Unfair Trading Regulations (2008)
  

 

I enclose a postal order in the sum of £1.00,which is the statutory fee. Note that these funds are not to be used for anyother purpose.

 

If you are unable to comply fully and properly with this request, you shouldconfirm this in writing at the earliest opportunity, and certainly within thestatutory time limit for compliance, and return the fee.

 

Thanks!

[citizenB]

I am a little puzzled why Drydens are updating the CRAs in their name. They are not a creditor/debt purchaser. It is my understanding the records have to be maintained in the name of the Creditor/owner ?

[leanne1892]

Citizen B I dont understand what you mean sorry! My account was with santander, this got passed to max recovery (shows on credit file under max recovery debt) and now drydens are chasing it, so sent them a cca request and they are currently contacting there client (max recovery ??) for a copy of the original agreement.

 

Thanks!