Drydens chasing old defunked debt - Charging order v Restrictions

[woza147]

Hi  could someone point me in the rite direction for a template to reply to third party trying to gain joinder by trying to get me to admit liability to an old account !!

 

The scenario is this

on my old property we sold 2 and a half years ago there were 2 companies that had apparently final charging orders on the property !

This is a common practice in the industry to make you think they have such a charge !

 

It turns out that I done my homework and discovered that they infact only held a restriction which is a totally different thing !

They try an make you think they have a proper charge but in fact in law if there is 2 names on the mortgage they can’t have a charge !

When the property is sold an transferred ownership to a third party the restriction is dissolved !!

 

Now 2 and a half years later one of these companies has sent me a solicitors letter claiming I still owe them money they have offered me a reduced figure to settle the bill or set up a repayment monthly agreement !!

 

Obviously if I admit the debt they would gain joinder an start chasing me for the money again !!

Could someone give me the correct template for me to reply to them to end their chasing their arm !!

 

Many thanks in advance

 

I’m a bit out of touch with this as my credit is ok at the moment as everything I had trouble with a few years back was all statute barred !!

The old account was with HSBC and the name of the solicitor is Drydensfairfax  !!  

 

Thanks again !

[dx100uk]

the restriction k's might be gone but the original CCJ's might well be within 6yrs.

 

[woza147]

I’m sure there are no active ccj as we rented out the property since 2009  when we moved to Devon and then sold it 2 and half yrs ago !! 

[dx100uk]

there can't be a restriction without one.

 

dx

 

[woza147]

There’s no ccj on my credit file an the restriction can’t we transferred to the property we bought when we sold the old property  even my solicitor had to agree with me that the restriction is dissolved when the old property was transferred to the new owners !

[dx100uk]

well there must have been a CCJ but it's now more than 6yrs ago.

it's removed from the public register after that time, but you can't get a restriction without one.

 

so whats the history of this HSBC debt??

 

i will guess drydens stated client are Arrows, so it could even have been a CCJ so long ago that it was HSBC that got it and arrows bought the debt hence the CCJ etc transferred to them.

not that there is anything they can do mind.

 

i will guess ofcourse that you never updated neither HSBC nor arrows nor anyone regarding this debt of your move so knew nowt about anything till you went to sell?

 

dx

 

[woza147]

Yes that is correct I’ve had no contact with anyone since 2009 when we moved !

 

ive looked up Drydensfaifax and it seems they are just a debt collection firm as you say they probably just bought the debt and now just trying it on ! to get me to Admit liability of the debt !

Should I just send them the statue barred letter ?

[dx100uk]

no look at their letter it states they are a solicitor acting for a named client, the debt owner.

probably Arrow Global DCA as drydens are part of the arrows group.

 

a solicitor doesn't buy debts.

 

if you'd moved then ofcourse you won't have had any comms as everything would have gone to the old address.

so you still owed HSBC money on some credit, but the CCJ must have been registered at the old address and latterly the ICO claim too.

 

i can't believe you know nothing about the CCJ/CO before that date nor the debt it resulted from, unless you moved into that property after quickly moving out of another and they got the CCJ/CO by the backdoor serving it all the third oldest previous address?

 

the CCJ halted the SB clock ...so it's not statute barred.

 

ok it's only drydens trying to fund their staff xmas party with free money paid by mugs that think a dca/their dogs have magical powers, but to all intent and purpose the CCJ is still live as it's not been settled, but, they'd have a hard job enforcing after all this time, and ofcourse they'd have to return to court and of that you'd get notified....BUT if you've not informed them of your correct and current address , legally they can do that to the address used to serve the CCJ too...

 

which is why i;'m saying you can't not know what the debt was all about so spill the beans with what you know.

[woza147]

As far as I remember it was Originally from an old business account with HSBC 

at the time probably about 2007 it was from an overdraft that the bank decided to with no notice remove the facility from me ! I was not over the limit of the overdraft at the time !

 

The removal of the facility caused me to have problems with cash flow and interm had to close the business !

I had numerous other debts due to this action and complained at the time obviously that’s where it started !

 

I moved to Devon in 2009 we were in the same Address for 5 years till 2014 then moved to another property until 2018 both rentals until we bought our current home in 2018 !  

 

What would your advice be to proceed !

 

Many thanks 

[dx100uk]

so must have been the property in devon that had the CO's on as you can't get CO's on a rental...

so you rented devon out till 2.5yrs ago and sold it...

 

 

[woza147]

No the the CO was on our property we had in Stevenage

 

We moved to Devon in 2009 into a rental property and we rented out our stevenage property though an agency

 

until we sold it In 2018, when we then bought our home Devon with proceeds from the stevenage property !! 

[dx100uk]

so everything was done in the window 2009 - 2018, then HSBC debt(s) were probably sold on

arrows (is that drydens letters client?) served everything to the Stevenage address , the tenants never fwded anything on.

 

so for this not to be now showing the CCJ must have been from 2009-2014. long dropped off credit files. (assuming ofcourse the stevenage address does show as a linked address on your credit file)

but ofcourse drydens have done a search for you and now see you have a property so thought they'd try their luck and see if you wanted to wet yourself.

 

pers i don't think i'd take the chance either and you are correct to ask what you should do regarding this.

i think i'd simple write to drydens ref their A/C REf No. 

 

simply stating 

please note my current and correct address above.

 

i very much doubt there is really anything they can do once they have legally been informed in writing by you of your new address, but it's a safety net, which wouldn't be there if you didn't, .

 

dx

 

 

 

 

 

[woza147]

Ok thanks for the heads up should I send  them as well as confirming my adress  the template letter explaining the debt is statu barred Or something else maybe not recognising there company as I have no contract with them ! They are a third party interloper etc ! Many thanks !!

[dx100uk]

the debt is not SB'd as a CCJ must have been awarded to get restrictions

said this numerous times now

who is drydens stated client on their letter...Arrow global?

 

[woza147]

Yes the client is Arrow Global  an originally HSBC

 

The restriction has dissolved as of when the property was sold I presume  an have had no contact with them since before 2009 ! What should I do as well as confirming my adress !  Need to try an put them off continuing trying to chase me for the debt !

[dx100uk]

simply confirm your new address to arrows not drydens

 

after that yours is not the next move if any