Arrows/Drydens.. CCJ set a side?***Claim Discontinued***

[July]

so....

 

I called shop direct and spoke to the Customer services and then the debt sales team who both confirmed no account exists with them.

They said if it had been passed to any DCA, any payments would be logged against that company not shop direct.

 

So letter being drafted to send to Drydens asking for specifics of the payments made in 09......sound good??

[AndyOrch]

Do you think that you may of made any payments to the DCA after it was assigned ?

 

Andy

[July]

Hi Andy

 

Yes i did when it was first passed but i think i stopped payments in 2008....I don't think i made any in 09, i stopped them all at the same time and the rest are SB.

 

In my head by the end of last year most if not all of my debts had become statue barred.

 

Since i cant find anything from the OC and the SAR from the current DCA says the last payment to the account was in May 09 im not certain where i stand.

[July]

Hi

 

This is the main body of the letter i intend to send to Arrow/Dryden. Does it look OK? any suggestions for anything else i could add?

 

Complaint: Spurious Payments on Account

 

Sir/ Madam,

 

I refer you to correspondence from requested SAR in regard to an alleged debt for £421 arising from an account with Shop Direct

 

Please see copy of attached alleged payments made FROM 16/10/08 – 18-05/

 

I formally state that no such payments were made by me on the date supplied and I have not at any time authorised any third party to make any payment on my behalf.

 

I remind Arroe Global that it MUST provide unequivocal proof that a payment was made personally by me or with my written permission.

Arrow Global MUST therefore provide the following data within 7 working days.

 

1. The method by which the alleged payment was made, cheque, postal order, bank transfer, debit/credit card.

2. If a cheque payment was made the name of the issuing bank, the sort code, the account number, the name of the drawer, the date the cheque was cashed.

3. If a postal order was used, the name of the issuing post office and its unique ID code, the number of the PO and the date cashed.

4. If a bank transfer was made the name of the bank, the sort code, the date the transfer was made.

5. If a credit/debit card payment was made, the name of the issuing bank, the type of card eg Visa debit or credit,

the 16 digit card number and the last 3 digits of the security number, the expiry date on the card.

[July]

Anyone's advice before i send this letter that it looks ok?

[AndyOrch]

I personally would wait on the DSAR......little point getting into letter tennis pre litigation.

 

Andy

[July]

Hi Andy

 

Apologies, have no clue what any of that means?

[AndyOrch]

Have they responded to your SAR request ?

[July]

yep, this is where i spotted payments on 09 from

[AndyOrch]

That is the Original Creditor not Arrow ? If so then its not statute barred.

[July]

No the original creditor is Shop direct whom ive sent an SAR to but they have no records of the account

 

Arrow are the dca, its on paperwork from them that show payments made

[AndyOrch]

Okay...excellent...back to my post that you didn't understand....

 

Your intended letter....pointless...because they wont accept it or take any notice......if you intend to set a side then start the ball rolling on Monday and get your application in......your defence will be based on the debt being statute...providing you are 100% sure that you never made any payment after October 08

[July]

Ok, yes I am certain no payments were made in this little batch that show on the paperwork from the SAR.

 

Worst case scenario....i lose and have to pay it anyway. But ill fill in the forms....correctly this time i hope and send it off and see what happens.

[AndyOrch]

Okay well post back here and check before you submit anything to the court.

[July]

Ok will do, ill make a start on it now

 

Your help is much appreciated

[July]

Hi,

 

ive been doing some reading and searching through some very old paperwork over the weekend.

 

Ive released i need to contact my old bank account and ask for old copies of statements from the dates Drydens state payments made.

 

Im so worried if i go for the statue barred attack and im wrong, ill be liable for further costs and the CCJ will stand. I need to be 100% sure, not 99% before pursuing this.

 

So i will SAR my old bank and see what they say.

 

What i feel like doing is ignoring it and hope it all goes away

[AndyOrch]

Take a read of the following thread July...this is also a set a side and drydens and phantom payments.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433066-Unknown-CCJ-by-drydens-on-an-EGG-debt/page5

 

Andy

[July]

Hi Andy

 

How similar...and from Drydens, i will definitely be following this thread!

[July]

Hi all

 

So this is my very basic WS...any suggestions/questions welcome

 

1. Never received a claimform. (i can go into reasons why...live in flats where all post boxes are the same. tenants are in and out, when this was sent it could have been placed into the wrong box? i have had claims on missing items in the past....unsure if this is relevant though.

 

2. SAR to original creditor: no information on me. Followed up with a call, still nothing.

 

3. SAR: Arrow: no original agreement. Computer generated payments (i know nothing of). And no other information of any other payments made before this date. Just this little batch

 

4. The account was statue barred at the time the claim was issued as far as im aware anyway.

[AndyOrch]

Very basic July:wink: Needs a lot more work......

 

Andy

[July]

I know Andy  I’m very sorry

 

Here is my next attempt.

 

I have been going through all the paperwork i have received and have uploaded some things that may/may not be of interest.

 

The payments that they have sent are somewhat all over the place really.

 

I have attached 3 payment references.

 

In the account details is states last payment date pre purchase: 02.11.07.

I think this may have been the last payment I made

 

The annual statement 01.10.2008-30.09-2008:

These are the payments i dispute

 

There is also another payment screen which shows all transactions from 13.04.07 till 15.05.09.

I have sorted these in excel and included the screen shot to have a look.

 

I made the payments in 07, that’s for sure. Not in 08/09.

 

Other bits Ive put up like the letter from Drydens.

Its states Original creditor as Phoenix Recoveries??

I was under the impression it was shop direct who hold no information on me.

 

I couldn't see any letters of any notice of assignment.

 

On another note

I stopped all payments to all creditors at the same time.

This is how I’m certain its statue barred.

 

I do have a letter from one other creditor which still chases but does say

‘you should be aware that the period for recovering your debt by court action has expired,

we will not be issuing court proceedings to enforce payment’.

 

I also sent of a CCA to arrow today,

I know it may be a vain attempt but let see if the do produce anything.

I did say I didn’t receive it in the SAR I requested

 

So, what do you think?

Edited May 21, 2015 by July
Sentences not in order

[dx100uk]

pop all the pix in a word doc and pdf that

[July]

Hows this?

[July]

Just another thing to add. Looking at some more paperwork there is a comment '09/04/2014 - the debt was closed (CAN- cancelled by client request reason: Closed as per Arrow recall)

 

Im not sure what that means?

[PCoombes100]

Hi July,

 

They've provided a statement of (alleged) payments, but nothing to say it was set up from your bank account/card? Am I right in that?