Drydensfairfax on behalf of Natwest

[ohdarn]

Hello all. I have a few questions I'd like to ask please regarding CCA document request advice.

 

We have recently written to our creditors for a CCA request (the debt has been passed on to other companies).

 

 

They have all replied saying that they don't have the original documents

but will request them from the original creditors however this may take up to 30 days.

 

Should we still send the letters that say they have breached the time limit for returning the documents or should we wait 30 days?

 

Also, one of them has replied saying that they will request the documents from the original creditor however,

 

"As Judgement has been entered against you, this account is not governed under Section 77-79 of the Consumer Credit Act. We therefore return your £1 Postal Order."

 

As far as we are aware we haven't had a CCJ taken out against us so what could they be referring to please?

 

Thanks for any help you can provide.

[dx100uk]

might be best to start a thread for each debt in the named forum of the OC from the top main forum tab

for the bank in question

 

 

then tell us all the details about each debt

 

 

I would not ever recommend sending any chase letters

simply invites letter tennis

 

 

dx

[SabreSheep]

That is a clear reference to a CCJ

 

You must check now to see if you have one. Someone will be along soon with the link to the website that allows you to check for CCJ S

[dx100uk]

what does your credit file say?

 

 

dx

[ohdarn]

Thanks for the replies.

On the CCA letter template thread it says you have to send a follow up letter if the documents are not provided to you within 14 days of you sending the request forms. Because they have all replied saying that they will try to provide the documentation within 30 days, should we wait for the recommended 14 days or the 30 days as the companies have asked for?

 

We are intending on making Full and Final Settlement offers to each creditor, however as has been recommended we would like to start negotiations at a different amount depending on if they have documentation to legally enforce the debt.

 

From my Experian report we have one CCJ to Shoosmiths (which is mentioned in another thread on this forum), however the creditor that sent the letter quoted in the first post was Drydensfairfax on behalf of Natwest, and at the moment it doesn't mention a CCJ on their behalf nor have they sent us any paperwork saying they're taking out a CCJ against us.

Thanks again

 

*Actually after having a closer look you would be correct, there are two judgements against us but I did not notice this before as they are on the same date. Shoosmiths sent us all of the info documents and charging order information however I'm fairly certain we didn't recieve anything from Drydensfairfax, I don't even know what the terms are. Very odd, unless I have misfiled the information thinking they referred to the same CCJ.

I will get all the paperwork out this evening and check through it all.

Edited March 14, 2015 by ohdarn
added extra info

[dx100uk]

Thanks for the replies.

On the CCA letter template thread it says you have to send a follow up letter if the documents are not provided to you within 14 days of you sending the request forms. Because they have all replied saying that they will try to provide the documentation within 30 days, should we wait for the recommended 14 days or the 30 days as the companies have asked for?

.

 

 

not that I can see

 

 

CCA request

[ohdarn]

Sorry, it was on the wiki page (I can't post links apparently). On the consumer wiki under 'Non-Compliance of CCA Request'.

[dx100uk]

thank you old hat now

 

 

dx

[ohdarn]

Thanks I think I've figured out the CCJ thing, I've replied on my other thread thanks.

So you no longer need to send a follow up letter for the CCA requests and we should just wait for the creditors to send the paperwork?

Thanks

[dx100uk]

until/unless they prove an enforceable CCA

they get nothing

unless the debt is subject to a judgement already

[ohdarn]

That's great thanks for your time and advice. We'll wait for replies and then begin full and final settlement negotiations.

[dx100uk]

if they are not on your credit file

and not harming you

I question you wisdom on paying anything

 

 

dx

[ohdarn]

Unfortunately they are on the credit file. The credit score isn't wrecked but it could do with improvement. I'm just worried that they could also be turned into CCJs which might harm it further. We'd very much like to move house in the distant future so we need to sweep it all away now.

What do you think?

[dx100uk]

bugger all you can do until the CCJ's reach their 6th birthday

 

 

same goes for any defaulted debts

 

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

 

 

paying a debt does NOT improve your CRA file

 

 

dx

[ohdarn]

Thanks, so we'll wait and see if they come back with the original paperwork then?

 

 

It's my understanding then that if they have the paperwork from a CCA request

they can turn it into a CCJ (or other legal enforcement).

 

 

If however they don't have it then the debt is unenforceable

and you'd really just be paying to have them stop sending you letters?

[dx100uk]

Thanks, so we'll wait and see if they come back with the original paperwork then?

 

 

yes.

 

It's my understanding then that if they have the paperwork from a CCA request

they can turn it into a CCJ (or other legal enforcement).

 

not necessarily. they'd have to win a court case first. IF IF IF they did that ofcourse

If however they don't have it then the debt is unenforceable

and you'd really just be paying to have them stop sending you letters?

 

 

they don't get bugger all if they cant enforce a debt!

paying does not stop any letters either

 

 

a dca is not a bailiff

and has no such legal powers

 

 

dx