Arrow Claimform - old HSBC OD debt

[robinjw 2]

I have received a letter today from Arrow Global saying their solicitors Drydensfairfax will be chasing an old debt from First Direct (HSBC on the letter).

 

I believe this original debt goes back to the mid 90's, current amount shown is £1,989.

Letter states original agreement was 15.10.07.

I have only ever had the one account at FD from the 90's so I dont know where the 2007 dates comes from.

 

In june 2015 I contacted Step Change to try sort out my debts.

I was unaware at the time that this would only last 1 year before they all started chasing the debts again.

 

This debt was on that list( I think)- back then it was recorded at £1700, so charges have been added since, though its not stipulated, Step Change requested no further charges added. I paid the Step Change charges (£1 for each debt) for the year.

 

However, if their letter states the agreement was 2007 is this still even enforceable?

 

It feels like they have gone through old files and dug ups some to chase, including mine. Ive not had any contact about this debt in the last 2 years to my knowledge.

 

The letter only tells me that the debt is being transferred to sols, but I want to be forearmed as to what to do when they start pestering me again.

 

Is this debt enforceable?

Ive a horrible feeling using Step Change has restarted the clock on the statute.

 

Ive had dealings with Arrow before and they were very aggressive.

 

Never heard of the latest sols they are using in this case.

 

Any advice greatly appreciated.

Robin

[dx100uk 9,543]

When was the last payment to first direct

When was your 1st payment via stepchange

When was your last payment thru stepchange

[robinjw 2]

Hi,

With First Direct they sent it straight to debt collection agencies after I missed one payment, that was back in the mid 90's.

I was never given the opportunity to pay back FD direct.

 

1st payment to Step Change was around end of June 2016. last payment would have been a year later when the plan automatically stopped ( which I was not informed of at the time that this would happen.) I only realised the payments had stopped a few months later when other sent me collection notices.

 

They have not chased me for the debt in the meantime since it stopped.

 

[dx100uk 9,543]

Ok put it another way

before you joined step change

When did you last pay it?

or was there anytime a 6 yrs gap?

[dx100uk 9,543]

imho I would ignore them totally until or unless you get a letter of claim from their favourite paperonly fake/tame solicitor.

 

the debt was most probably already statute barred when you started with the DMP

they nor the DCA would ever care about that as long as they got paid.

you've probably paid the debts many times over already.

 

no harm in sending HSBC [first direct ] an sar either

get all the info incase it progresses

but sorry you've been cash cowed blind.

use the search of the top red bar 

type inc the quotes

"cash cow"

[robinjw 2]

Yesterday I received my first letter (ever) from DrydensFairfax re the above.

They state that on 3rd August 2017 'a county court claim' was filed against me for the debt.

No court is mentioned.

 

However, whilst they do list a claim number for the alleged CCJ, this is the first I have heard of it.

I have NEVER received any information from any court about this debt, or from Arrow Global previously  collecting for it.

Nor have I had any warning letters prior to anything being lodged, or any opportunity to respond if it was lodged

. Additionally this is a very old debt as listed above.

 

It goes on the say 'if Im experiencing difficulties to call to discuss a plan to pay 'etc giving me 14 days to respond or enforcement action 'may' be taken against me, including:-

 

1. Warrant of control -re a bailiff 'could' visit to take my items

2. Attachment of earnings order- employer could be forced to pay on my behalf via earnings ( Im not employed by a company, I live off my savings and occasionally work for a friend )

3. Charging order 'could' be obtained against my property.

 

The fact that this is all worded as could/ may be/ might makes me feel like this is a ruse to get me to contact them via making threats.

 

Also, if they have had my details for so long why would they wait nearly 2 years to start trying to collect on the supposed CCJ?

Is there an online way I can find out if this debt really has a CCJ attached?

Ive had dealings with trying to call courts before and they take hours to answer the phone.

 

I did not respond to their last letter as I was waiting to see what their next move would be, however, I did check the SRA register and this solicitor does seem to exist as Drydens Ltd since 2016.

 

Please advise what my next step should be.

Many thanks in advance.

 

quick additional note,

just found www.trustonline.org.uk which states it is the Official Statutory Register of Judgments, Orders and Fines for England and Wales on behalf of the Ministry of Justice for the claim number on the letter, this web site states the number is invalid, adding to my suspicions that this is a fake threat.

[renegadeimp 2,290]

Contact the court to find out. .  If they havent followed protocol, then the CCJ can easily be sunk.  They might have also got it by the backdoor.

Edited March 23, 2019 by renegadeimp

[robinjw 2]

There is no court listed where this supposedly was lodge, so how do I know which to call?

[renegadeimp 2,290]

Just contact northampton and they can advise.  If its a fake CCJ, then you MUST report it.

[robinjw 2]

I have sent them an email and will try to get through next week. Just out of interest, how do they get a CCJ lodged 'by the back door' as you put it?

[renegadeimp 2,290]

On an old address, or associated.  All they have to show is that they sent it to the last known address.  Then as soon as its filed, they magically find your current one.

[dx100uk 9,543]

go check your credit file

dx

 

did you get that sar to hbos running?

[robinjw 2]

 I downloaded a copy of the SAR from your site ready to add to and send but wanted to wait and see what the first letter threatened before launching any kind of attack as such.

 

I am slightly baboozled by the SAR thing as I have moved around a lot in the last 30 years since this debt began at HBOS including being out of the country for 5 years and several addresses in UK after that.

Also, Im not really sure who/ where to send it to.

 

"Bank Fodder' who added the file on  your link states 'SAR always goes to the original creditor regardless to if the debt has been sold to no powers Debt collection agency"  - how can they be 'no powers' if they can lodge CCJs in your name and use and old address to 'back door' it as suggested above?

 

Seems like quite a lot of power from my perspective if it forces me to pay something that should have been statue barred perhaps.

The link to the ICO from your site does not work. Ive looked at their site and cant find a way to get HBOS controller address to send a SAR to.

[dx100uk 9,543]

no you should have gotten it off 

the fact that this debt is owned by a dca is nothing to do with hsbc and cant effect anything by sending it 

the hbos address is in the address sticky on the hbos homepage.

 

a dca is just like you or me

if we think someone owes us money

we can issue a claimform via the mcol court.

they have zero legal powers just like you or me and are not bailiffs either

 

I would say this debt was statute barred before the ccj.

 

go get your credit file please

see if the ccj shows.

make sure all of your old address show on your credit file if you cant see the ccj.

dx

 

[robinjw 2]

Should I write to Drydens re this issue as they have specified a 14 day reply period?

[dx100uk 9,543]

No

Go get your credit file 

 

 

[robinjw 2]

I signed up to get my file, but they are couldnt find enough info so theyre checking and will send it within a day or so online.

[dx100uk 9,543]

Who with

Try noddle

[renegadeimp 2,290]

Hope you havent been in touch with drydens

[dx100uk 9,543]

In the meantime

as you cant really do alot till monday now

scan up the letter you got to one multipage pdf 

read upload

 

i would suspect you searched the wrong address on trustonline 

Thats why youve not found the ccj.

 

Dx

[robinjw 2]

after some faffing about Ive managed to get my credit file from Noddle instead.

 

The good news is there are no CCJs on there at all.

Bad news is there is a default which does not belong to me for a fictitious £40 debt from Lowell is. (grrr!)

 

Also a default from Link Financial who tried to get a money claim on me a few months ago, then did nothing after I challenged them via responding to the court claim. ( Think that was unenforceable.) Ive had no contact from the court or them about that, but its still on my file.

I digress.

 

There is no record of this debt or a default for it on my file at all.

In fact HSBC are not listed anywhere on the report.

 (YAY!)

 

I have not contacted Drydens yet or responded to any letters.

I have prepared the SAR and will send it Monday now Ive found the address to send to.

Should I add anything to it other than my previous addresses, how far back should I go?-

 

Re the letter from Drydens, which seems to be a ruse to get me to contact them,

I think someone mentioned above that I should report that if I found it to be  a lie - if so- where to and what should I state?

 

The only addresses listed for me are ones from after I returned from abroad in 2005

( 2007 on credit file as that's when I moved out from the rented into my own place)

[dx100uk 9,543]

ok looking better

don't do anything yet scan up the letter to pdf please

don't use the phone or email to discus any debts

 

as for the sar, list addresses since you last told hsbc where you lived.

 

as for link, it would have been the oc that registered the default. before or upon sale.

 

dx

[renegadeimp 2,290]

From a quick google of other consumer sites, it seems drydens  saying they have a CCJ when they know they dont , is their current normal business practice.  They need to be reported, and dont let them say its an admin error.    If it was an admin error then it shows that their entire procedures arent fit for purpose and need investigating.

[robinjw 2]

Dx100Uk-  who is the OC please? I have no intention of contacting Drydens yet.Should I include addresses only in this country-not when I was abroad in the SAR? Scan of letter added as requested.

 

Renegadeimp- thanks for checking, Ive had a look myself and it seems like a common ruse to scare folks to pay up.

This debt does not even appear on my credit report, ( assume because it is so old) neither does Arrow Global or Drydens appear there.

 

There are no CCJ's listed-their letter states a CCJ was lodged on a specific date in 2017-more than enough time -and recent enough for it to have appeared by now.

 

I am more than willing to report this if someone can tell me who, and what address, to report to.

drydens.pdf

[dx100uk 9,543]

original creditor

only uk addresses since you last updated hsbc