Arrow/Dryden Claimform - old MBNA card debt

[scottles37]

Thanks. Mcol still says defence filed 25/11 as last action. If it is stayed I could still be subject to further action in the future? and also does the statute barred clock get reset to the claim date? 

[dx100uk]

no SB clock stops on claimform issuance.

if it does get autostayed

then it will cost them £275 via an N244 to attempt to lift the stay.

of which the court will write.

 

dx

 

[scottles37]

So in theory this still has the potential to drag on for a very long time in limbo, or they produce paperwork and apply to lift the stay. 

[dx100uk]

costing more money they might never get back.

you need to understand that these tactics are the only ones any DCA/debt buyer can ever do. they, legally, are totally powerless, which is why they try to use the courts, to hope people wet themselves and cough up.

 

threaten, intimidate, embarrass, etc etc are their only tools.

 

dx

[scottles37]

I received the attached the other day from drydens and was just wondering whether it required a response or if it had any purpose.  No change in status at MCOL.  Defence showing as last action, will this update to stayed ever? Many thanks 

 

text of letter below.. Wondering the purpose of it and whether I should reply. Thanks

 

 

Edited Letter2.pdf

[dx100uk]

how come they have your email?

 

[dx100uk]

thread tidied.

 

how come they have your email address?

 

4 hours ago, scottles37 said:

No change in status at MCOL.  Defence showing as last action, will this update to stayed ever? Many thanks 

 

On 17/01/2023 at 10:05, dx100uk said:

there will be no notification nor update to it being autostayed

 

as for that pdf.

not important simply ignore .

 

arrows always try and return the legal fee for a CCA request.

in most arrow threads here already

 

dx

 

[scottles37]

Ok .thanks. Sorted.

 

They do have my email from another case many years ago. But that letter was hard copy forwarded to myself 

 

I don’t need to keep checking mcol?

 

They will update me if anything changes?

 

Would be nice to have 100% closure on this but I guess that’s not possible.

 

Thanks for all your help along the way. 

[AndyOrch]

I would be responding to that letter to inform them that it must not be used towards the balance as that will reset the limitations. (irrespective of the clock stopping) it may start to tick again if the claim remains stayed or is with drawn.

 

The payment must be treated as the statutory payment pursuant to sec 78 of the Credit Consumer Act as per the act but if they wish to refund it that's their choice but will be treated as payment for your request.

 

Andy 

[scottles37]

Thanks. I will tell them to use it for its original purpose and not towards the balance 

[dx100uk]

no demand they do it as per the consumer credit act.

state clearly that the £1 PO was the FEE under that act for requesting a copy of the agreement and should this ever be subject to further action, this letter will be used as evidence.

 

dx

 

[scottles37]

I am thinking of sending the below by post. Would be grateful for your thoughts. Many thanks

 

I refer to you letter dated 19^th January 2023 regarding the cheque for £1 that you claim to have cashed.

This cheque must not be used towards the balance, the payment must be treated as the statutory payment pursuant to sec 78 of the Consumer Credit Act as per the act. This was clearly stated in my previous letter dated 22^ndNovember 2022 which included this statutory fee where I requested a copy of the credit agreement relating to your claim. Should this matter ever be subject to further action, both these letters will be used as evidence.

 

Whether you chose to refund this payment or not, it will still be treated as the statutory payment for you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

[AndyOrch]

[scottles37]

The attached looks like good news!

Do you think I’ll hear again from arrow or they’ll sell to another DC in the future? 

Many thanks to dx and andyorch for all your help to get to this point. 
 

 

Letter3.pdf

[dx100uk]

means nothing really.

 

drydens are not a DCA they are solicitors.

dont forget arrows have various DCA trading names too. 

 

[scottles37]

Doesn’t it mean this particular claim against under this reference is discontinued?  Will need a new claim or a reopening of this claim? 

[dx100uk]

no thats not what it means.

 

as explained earlier, the claim is autostayed now

it will cost the claimant +£275 to lift the stay .

but without paperwork ....not a chance

[scottles37]

Understood. So worst case, I get informed of new paperwork and stay is lifted and we carry on. Best case I don’t hear anything again but will not really know 100% if it’s done and dusted. 

[dx100uk]

n244 from the court.

 

very rare

 

dx

 

[scottles37]

Seems like this is now on hold, has been quiet for a while now. I really appreciate the help you all gave me on this to get to this point. Many thanks 

[dx100uk]

dead now autostayed.

 

dx