Jump to content


Claimform DrysdenFairfax/Arrow old EGG card debt **Claim Discontinued***


Zippy99
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3514 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

You dont do anything...its for the claimant to inform the court if they wish to proceed.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

My defence was submitted on 2nd June - we are now well past the 28 days - plus some additional days.

 

I have not heard a thing.. should I call the court or just accept as per the letter that this claim is stayed? They are outside the timeline to take action.

 

Oddly enough, I found an unopened letter the other day that was from Arrow Global, sent in April. It was a notice of assignment saying they had passed the debt to Drysden - which seems odd as Drysden FairFax have stated they are the solicitor and when responding to my requests for info said they were trying to obtain this information for their client (arrow).

 

The court paperwork even states that Arrow are the claimant - yet they have told me that they have sold the debt to Drysden?

 

Now that the time has passed - should I look to get this struck out or just leave it?

Link to post
Share on other sites

"I have not heard a thing.. should I call the court or just accept as per the letter that this claim is stayed? Yes They are outside the timeline to take action."

 

What time line?...they can make application to lift the stay at any time...I have known stayed claims be resurrected after 2 years.

 

On what grounds would you strike it out ? because they have not replied within the 28 day?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

By time line I meant the time to respond to my defence before the claim becoming stayed

 

In terms of getting it struck out - I would prefer this did not get resurrected and catch me out later hence I asked if I should get it struck out?

 

If I have no grounds under which to do so - other than their failure to substantiate the claim by proving the debt was owed and the fact it is statute barred then that is the answer I was looking for.

Link to post
Share on other sites

As it is a matter of litigation and the claim is stayed...I personally would leave it parked..if they wish to resurrect it later and the longer they leave it the more difficult...you simply commence from were you left off.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

As if by magic - when I got home there was a letter waiting for me..

 

enclosing a court document to change solicitor - they also claim to have answered my questions.

 

However, I have NEVER had a Tessera credit card - I also find interesting that this seems to be a mail merged letter as it states my last payment was for 'no payments to this account' on [blank].

 

So is it best for me to write back to Arrow now and resend the CPR & CCA requests - would appreciate input.

 

Letter attached

Link to post
Share on other sites

As if by magic - when I got home there was a letter waiting for me..

 

enclosing a court document to change solicitor - they also claim to have answered my questions.

 

However, I have NEVER had a Tessera credit card - I also find interesting that this seems to be a mail merged letter as it states my last payment was for 'no payments to this account' on [blank].

 

 

So is it best for me to write back to Arrow now and resend the CPR & CCA requests - would appreciate input.

 

Letter attached

[ATTACH=CONFIG]52100[/ATTACH]

 

 

Zippy are you claiming the debt was statute barred Before the claim was issued?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

FWIW:

Tessera are/were ARROW GLOBAL , they are/were a debt buyer.

so yes that letter is rubbish and they know it

 

could this be an old Halifax card?

that used to be the MO on the mystery card debts

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I think the card may be Egg

 

Statute Barred? Having done some research (in fact looking at some old posts on here) I last made a payment back in 2008 - but I cannot be sure of the exact date so it is on the cusp.

 

In terms of their response - clearly a standard tosh letter (not even checked it would seem).

 

I want to know if I should respond to them? they have still not complied with the CCA or the CPR and supplied the statements, dates of defaults - intact they have not supplied anything I asked for. I am happy to put together a letter to send to arrow later this evening and post on here for opinions if that is the best way forward.

Link to post
Share on other sites

As if by magic - when I got home there was a letter waiting for me..

 

enclosing a court document to change solicitor - they also claim to have answered my questions.

 

However, I have NEVER had a Tessera credit card - I also find interesting that this seems to be a mail merged letter as it states my last payment was for 'no payments to this account' on [blank].

 

So is it best for me to write back to Arrow now and resend the CPR & CCA requests - would appreciate input.

 

Letter attached

[ATTACH=CONFIG]52100[/ATTACH]

 

Surname still showing on upload...unapproved...please remove and repost.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

letter redacted

 

pers I wouldn't be replying to them.

 

no agreement nor paperwork syndrome.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi - feedback needed please.

 

I have drafted the following letter to send to Arrow and will enclose copies of the two letters (CPR & CCA) sent to their former solicitor.

 

***

Dear Sir or Madam

 

Ref: XXXXXXX

 

Thank you for your letter dated 02/07/14, the contents of which are noted.

 

Following the information provided in you letter I still remain unable to identify this account – having never held a Tessera Credit Card or entered into any credit agreement with them.

 

I refer to my two letters sent to your former solicitor Drysden FairFax (copies of which are enclosed) neither of which has been complied with.

 

This includes the disclosure and production of a verified and legible copy of each of the following documents mentioned in the particulars of your claim:

 

1) The agreement

2) The notice of assignment

3) The default notice

4) The termination notice

5) Statement of account

 

In addition, a true copy of the agreement was also requested pursuant to s.77/78 of the Consumer Credit Act 1974 together with other documentation the Act requires you to provide.

 

I acknowledge your attempt to provide information in your letter dated 02/07/14, however, this fails to provide the information requested and even says that the last payment made to the account was for “No payments on the account!” and with no date provided either.

 

Therefore I have no intention to withdraw my defence as this debt remains vague as you have failed comply with your obligation to provide the information requested that forms the basis of your claim.

 

Yours sincerely

 

PRINT MY NAME

Link to post
Share on other sites

Hi - feedback needed please.

 

I have drafted the following letter to send to Arrow and will enclose copies of the two letters (CPR & CCA) sent to their former solicitor.

 

***

Dear Sir or Madam

 

Ref: XXXXXXX

 

Thank you for your letter dated 02/07/14, the contents of which are noted.

 

Following the information provided in you letter I still remain unable to identify this account – having never held a***** Tessera Credit Card ******or entered into any credit agreement with them.

 

I refer to my two letters sent to your former solicitor Drysden FairFax (copies of which are enclosed) neither of which has been complied with.

 

This includes the disclosure and production of a verified and legible copy of each of the following documents mentioned in the particulars of your claim:

 

1) The agreement

2) The notice of assignment

3) The default notice

4) The termination notice

5) Statement of account

 

In addition, a true copy of the agreement was also requested pursuant to s.77/78 of the Consumer Credit Act 1974 together with other documentation the Act requires you to provide.

 

I acknowledge your attempt to provide information in your letter dated 02/07/14, however, this fails to provide the information requested and even says that the last payment made to the account was for “No payments on the account!” and with no date provided either.

 

Therefore I have no intention to withdraw my defence as this debt remains vague as you have failed comply with your obligation to provide the information requested that forms the basis of your claim.

 

Yours sincerely

 

PRINT MY NAME

 

 

Tessera is a Debt Collection Agency!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I am aware that Tessera are a DCA - so I fail to see how they can obtain any form of judgement with such poor information and no proof at all. Shocking really - that just anyone could make a claim and if you do not respond judgement is issued by default.

Link to post
Share on other sites

Edited the letter slightly for clarity and effect:

Dear Sir or Madam

 

Ref: XXXXXXX

 

Thank you for your letter dated 02/07/14, the contents of which are noted.

 

Following the information provided in you letter I still remain unable to identify this account – having never into any credit agreement with Tessera.

 

I refer to my two letters sent to your former solicitor Drysden FairFax (copies of which are enclosed). They failed to reply satisfactorily to either.

 

This includes the disclosure of a verified and legible copy of each of the following documents mentioned in the particulars of your claim:

 

1) The agreement

2) The notice of assignment

3) The default notice

4) The termination notice

5) Statement of account

 

In addition, a true copy of the agreement was also requested pursuant to s.77/78 of the Consumer Credit Act 1974 together with other documentation the Act requires you to provide.

 

I acknowledge your attempt to provide information in your letter dated 02/07/14, however, this fails to provide the information requested and even says that the last payment made to the account was for “No payments on the account!” and with no date provided either.

 

Therefore I have no intention of withdrawing my defence as your particulars of claim remain vague, and you have failed comply with your legal obligations to disclose documentation.

 

Should the matter proceed, I shall of course bring your unreasonable behaviour to the attention of the Court.

 

Yours sincerely

 

PRINT MY NAME

Link to post
Share on other sites

Your sorted for now then zippy :wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

Received a letter today - accompanied by a notice of discontinuance!!!

 

So hopefully all dealt with - although they do add in the letter

 

"We confirm that your account has been closed, however, please note that this does not mean the debt is written off, purely that we have made the decision not to proceed with the claim. The debt still remains due and owing and we will continue to record the default on your credit record until such time as the debt has been settled or paid in full"

 

Bit confused by this bit as there is no default on my credit record (due to age if debt)

 

Must thank the mods on here for their help!!

Link to post
Share on other sites

and another one bites the dust!

 

just ensure in a few days the court HAS received it and it IS discontinued

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Very nice Zippy...well done.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Excellent news :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Received a letter today - accompanied by a notice of discontinuance!!!

 

So hopefully all dealt with - although they do add in the letter

 

"We confirm that your account has been closed, however, please note that this does not mean the debt is written off, purely that we have made the decision not to proceed with the claim. The debt still remains due and owing and we will continue to record the default on your credit record until such time as the debt has been settled or paid in full"

 

Bit confused by this bit as there is no default on my credit record (due to age

 

 

if debt)

 

Must thank the mods on here for their help!!

Great result, keep a regular check on CRA files just in case this is sold on and someone tries to report it again.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...