Student loan from Sallie Mae, now by Drydensfairfax solicitors

[Bazooka Boo]

I am still very scared that the bailiffs will come knocking!! without my stuff I cannot work.

 

Agreed, not going to happen.

For any notion of Bailiffs to make an appearance they will need to go to court, then win a judgement against you, then you would need to default on that judgement, then they would need to go back to court where the Judge will decide the best course of action, one of these being the use of bailiffs.

 

A long way to go, and easily defended.

[sequenci]

then they would need to go back to court where the Judge will decide the best course of action, one of these being the use of bailiffs.

 

 

It's not the judge's choice, it's the creditors - of course a judge could refuset he actual application for the bailiff's warrant. This is all academic, mind you, as I don't beleive we'll be seeing bailiffs.

[Bazooka Boo]

It's not the judge's choice, it's the creditors - of course a judge could refuse the actual application for the bailiffs warrant.

 

Thanks, that I didn't know!

So it really is those with the biggest wallet get to coerce the "justice" system to their favour...

[dx100uk]

read the letters properly too.

 

they do not say WILL

 

every word but!

 

dx

[Peterbard]

It's not the judge's choice, it's the creditors

 

Indeed it is, just as it is in a Magistrates' Court where the Further Steps Notice gives loads of other options - an AOE being the most practical. They do, however, often tend to instruct bailiffs. One can only assume it is almost out of malice.

[Tucoist]

Oh dear, that does sound rather scary. So they could indeed send the bailiffs out of malice?

[Peterbard]

Sorry, it wasn't designed to scare.

This is in a different court anyway isn't it.

 

 

As Seq said, it is the creditor's decision

, and even then the court have to approve the course of action

. It is HIGHLY unlikely this will ever go anywhere near bailiffs.

[dx100uk]

gotta get you through court yet...

 

and on a dubious debt

 

me thinks never

 

dx

[Tucoist]

Hi Guys. I have now received a letter stating that they 'WILL' seek their clients instructions to issue proceedings in the County Court with a view to obtaining a CCJ. This is unless they receive a payment of £10,000.

 

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Here is what is states:

 

'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt. We have reviewed your account and payment does not appear to have been made.

 

Unless we receive payment of £10,000 by 14th August 2013 we will seek our clients instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement. If judgement is obtained we will look to take appropriate action to enforce it if payment is still not made.

 

If you are unable to make immediate payment due to your personal circumstances, then please contact us immediately.'

 

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Please help! this is making me ill... I clearly do not have ten grand to give them and off the advice on here i am reluctant to phone them. All this for a lemon student debt, are they trying scare tactics?

 

Any ideas?

[Mike_hawk]

Did you send the CCA request?

[Tucoist]

Just to double check, is this the CCA request?

 

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I will send ASAP, been so worried I have not wanted to leave the house for fear making any kind of contact with these people

[Mike_hawk]

Yes.... this really should have been actioned earlier.

 

Send to the named creditor (AG) with copy to DF for its records. If nothing else it should help you decide if the sum demanded is accurate.

[Tucoist]

Yes I should have really but have been too scared. So one should go to 'ARROW GLOBAL LIMITED' and one to 'DRYDENSFAIRFAX'? both with the one pound postal order...

 

should I put my address on the sample letter? or leave it blank?

[Mike_hawk]

Just the one with the fee to AG, the copy to DF is to keep it in the loop. If it has a standing instruction to file against you and its comms with AG are tardy the copy request should hilite the possibility of a dispute to it.

 

Attach a one line cover note to it's copy stating for its records and awaiting its clients response.

 

should I put my address on the sample letter? or leave it blank?

 

Current full address or it will file the request in the bin.

[Tucoist]

Ok well the CCA request letters have been posted 'Special Delivery' today to both 'DRYDENSFAIRFAX' and 'ARROWTRADINGLIMITED',

 

 

this I am sure is where the fun begins.

 

 

I will keep you posted. Many thanks again for the help, it is much appreciated.

[Mike_hawk]

Assume you had the correct address for each from previous correspondence?

 

Hopefully it will act correctly and comply with the request so you can work out an affordable repayment schedule. The terms may allow for future deferment without penalty but without sight of them and the creditors obligations to you its going to be next to impossible to establish the true indebtedness.

 

I think (due to the age of the agreement) the end result will be for you to enter into a payment plan with the correct value evidenced.

[Tucoist]

Well I have no correspondence with ARROWS but I used the address at the bottom of the letter for DRYDENS.

 

Do you think it would have been wish just to ignore them, as some of the previous suggestions?

 

Although a common factor in this thread was to send a CCA,

 

i suppose this is to find out the finer details of the debt.

 

Could some of the original information been lost with the passing off the debt from company to company.

[Mike_hawk]

Ignoring rarely accomplishes anything and its probably wishful thinking to hope it has no documentation.

 

It's response should provide you with ample information to establish the facts.

[Tucoist]

'TOTAL CREDIT FINANCE' after a while went quiet,

 

 

why didn't they threaten some kind of action?

 

 

DRYDENS are really putting on the pressure via letters.

 

 

Wouldn't they both have the same agenda and powers?

 

 

Seems strange to me.

[Mike_hawk]

TCF were probably just a collection tool, in effect it would have no rights. AG appear to have purchased Salliemae's historical book debts some time ago, DF act (as do Restons amongst others) as AG collections arm and appointed counsel.

[Tucoist]

Wow it sounds almost military!

 

 

The scare tactics from 'TOTALCREDITFINANCE' were quite harsh so I imagine people would be intimidated by them.

 

 

'DRYDENSFAIRFAX' have the word 'solicitors' associated with them so that would definitely scare people! like me!!

[Homer67]

A little reassurance - the wording of the last letter is still ambiguous "we will seek our clients instructions to issue proceedings" doesn't guarantee their 'clients' will say do it. Worded to scare, that's all, you have the CCA request in, wait for the response.

[Tucoist]

Thanks Homer67, it was with the word 'will' included in the letter that sounds quite forceful and I am sure they do it to be clever. The CCA is sent and I have proof of postage just incase, I will keep you posted as soon as anything happens.

[Bazooka Boo]

Always remember that these letters are printed by a computer, their threats are more psychological than actual, once this is realised then they cease to have any effect or credibility.

[Tucoist]

Sent the CCA to both parties 15/8/13... Still awaiting reply... could be the calm before the storm!!