Drydensfairfax Solicitors Default

[Lucky4sum]

I have an unsecured credit card debt which was purchased by Max Recovery Limited in late 2012.

The original creditor was mbna.

The debt has never been on my credit file.

Last year, I started receiving correspondence from Drydensfairfax Solicitors, who were acting on behalf of Max Recovery Limited.

I had been writing to them, asking for proof of the validation of the debt.

I asked for the CCA agreement and a deed of assignment to prove their client, Max Recovery Limited, legitimately owned the debt.

The last correspondence I had from Drydens was dated 11th March 2016.

They provided me with a basic office copy of a CCA agreement, and stated in their letter that Max Recovery had provided them with the DOA and a copy was enclosed.

Reading through the paperwork they had sent me, the DOA was missing and not included as they had stated it was.

Its now been over a year and I've heard no more from Drydens or Max Recovery.

On Monday of this week, I checked my Noddle credit score.

I am horrified that Drydensfairfax have placed a default on my credit report.

Under section 87(1) of the consumer act 1974, NEVER received a warning notice or a written default notice.

Secondly, Drydens do not owe the debt so why are they placing the default, when it should be their client Max Recovery?

Would I have a claim against Drydens for damaging my credit file and for placing defaults when they don't owe the debt?

Help please.

[cymruambyth]

Re: Drydensfairfax Solicitors Default

Hi and welcome to AAD. Before we can help you will need to clarify a few things. When was the card taken out, when did you last pay? The debt will have been on your credit file at some point, maybe it was originally defaulted by MBNA over 6 years ago which is why it is not on your credit file. If the file was defaulted by MBNA then it cannot be defaulted a second time.

Have you read read this thread for extra information http://forums.all-about-debt.co.uk/s...rence-Agencies

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

Hi and welcome to AAD. Before we can help you will need to clarify a few things. When was the card taken out, when did you last pay? The debt will have been on your credit file at some point, maybe it was originally defaulted by MBNA over 6 years ago which is why it is not on your credit file. If the file was defaulted by MBNA then it cannot be defaulted a second time.

Have you read read this thread for extra information http://forums.all-about-debt.co.uk/s...rence-Agencies

The debt has never appeared on my credit file at all.

Payment was last made sometime in 2015.

MBNA sold the debt to Max Recovery Limited towards the end of 2012.

I have never received a default notice or warning letter prior to the default been added on my Drysden.

I have sent a letter of complaint to Drysden yesterday recorded delivery.

I would have thought that the data controller would be Max Recovery Limited as they bought the debt.

I've asked repeatedly for the deed of assignment but its never been produced.

[SXGuy]

Re: Drydensfairfax Solicitors Default

Default notice and default on credit entry arnt the same thing. But both are equally important to know. Default on credit report should be registered between 3 to 6 months after the last contractual payment was made. If it wasn't you may have grounds for removal. However if it was retrospectively applied the you would have 2 years to run before it drops off your credit file.

I'm unsure why drydens are listed as the creditor. That doesn't sound right.

If you never received a default notice then this is also a defence from litigation.

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

Default notice and default on credit entry arnt the same thing. But both are equally important to know. Default on credit report should be registered between 3 to 6 months after the last contractual payment was made. If it wasn't you may have grounds for removal. However if it was retrospectively applied the you would have 2 years to run before it drops off your credit file.

I'm unsure why drydens are listed as the creditor. That doesn't sound right.

If you never received a default notice then this is also a defence from litigation.

Max Recovery Limited are the data controller/owner of the debt.

Drydens are only acting to collect on the debt.

Under section 87(1) of the CCA 1974 I have never been sent a warning or default notice before default was issued.

Drydens have issued the default not the debt purchaser Max Recovery.

[SXGuy]

Re: Drydensfairfax Solicitors Default

As I said previously a default notice is not the same as registering a default on your credit file. While you are correct about both scenarios they shouldn't be treated as the same. You have not received a default notice. And drysdens have registered a default on your file when they are not the debt purchaser. Two distinct issues that are not related.

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

As I said previously a default notice is not the same as registering a default on your credit file. While you are correct about both scenarios they shouldn't be treated as the same. You have not received a default notice. And drysdens have registered a default on your file when they are not the debt purchaser. Two distinct issues that are not related.

So how do you think I should now proceed?

I am waiting to hear back from Drydens after sending them a letter of complaint about these matters.

What would my next step be if they refuse to remove a default when they don't owe the debt and nor have they followed correct procedure when issuing the default?

[SXGuy]

Re: Drydensfairfax Solicitors Default

Someone else may have a better suggestion but in my opinion you have a few choices. While you may be correct that the default should be removed, once they are aware of the error they will correct it. Meaning the original default will be placed with the correct creditor. If it were me I would work out when my last contractual payment was made and work out when the correct default marker would be due to drop off. Once you hit that period then argue for the entry to be removed.
It's unlikely you will get the default removed in its entirety.

Hopefully you havrbt played your hand too soon with informing them of their error because if they were to issue proceedings at this stage, your defence would be an improper assignment of the debt. Questions surrounding who owns the debt in my opinion is a good defence, as well as not receiving a default notice. If they correct this mistake now you lose that argument.

Have you considered sending your agreement to never in doubt to see if it is enforceable or not?

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

Someone else may have a better suggestion but in my opinion you have a few choices. While you may be correct that the default should be removed, once they are aware of the error they will correct it. Meaning the original default will be placed with the correct creditor. If it were me I would work out when my last contractual payment was made and work out when the correct default marker would be due to drop off. Once you hit that period then argue for the entry to be removed.
It's unlikely you will get the default removed in its entirety.

Hopefully you havrbt played your hand too soon with informing them of their error because if they were to issue proceedings at this stage, your defence would be an improper assignment of the debt. Questions surrounding who owns the debt in my opinion is a good defence, as well as not receiving a default notice. If they correct this mistake now you lose that argument.

Have you considered sending your agreement to never in doubt to see if it is enforceable or not?

First what is never in doubt!? Sorry to be thick!!

Thank you for your advice.

Is it worth just sitting and waiting to hear back from Drydens!?

[The Tech Clerk]

Re: Drydensfairfax Solicitors Default

never in doubt - is nick name of site owner NIDDY

[cymruambyth]

Re: Drydensfairfax Solicitors Default

Yes, I would wait until you have had a reply before doing any thing else

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

never in doubt - is nick name of site owner NIDDY

The credit card agreement for this was done online in about 2011.

[Joanna Connolly Solicitors]

Re: Drydensfairfax Solicitors Default

Would I have a claim against Drydens for damaging my credit file and for placing defaults when they don't owe the debt? .

If you want to get to the bottom of this you need to send a Subject Access Request to MBNA which will give you the full history of your account up until the point it was assigned to Max Recovery (and any interaction with them about your account afterwards).

The Transaction Log will tell you when (or whether) the DN was issued, the remedy date etc.

If you want to claim damages you would probably need to prove a loss such as credit refused because of the default on your CRA file, or credit accepted but at a punitive interest rate. Has that happened to you?

Do you have any other adverse information on your CRA file which would/could cause you problems even if the Drydens' default wasn't there?

Max Recovery Ltd deal mostly with debts which have been involved in an IVA or bankruptcy , so have you ever been in an IVA and if so when did it start and when did it finish?

What is the current status with this debt? You say you haven't heard anything from Max Recovery or Drydens since January 2016, but what was the last thing they said/wrote to you at that point?

What you want to avoid is ruffling feathers. If they're not actively pursuing you that doesn't mean they won't start again in the future. Let sleeping dogs lie is one of this forum's mottos. If you annoy Drydens with a confrontational letter they may just issue a claim in retaliation. I would have suggested that you do your research first before you made the complaint.

How much is this debt because that may give an indication of how they might react?

You say this was an account opened online in 2011 so your Defence options may be limited if they decide to issue a claim but there could be assignment issues.

Di

[Lucky4sum]

Re: Drydensfairfax Solicitors Default

If you want to get to the bottom of this you need to send a Subject Access Request to MBNA which will give you the full history of your account up until the point it was assigned to Max Recovery (and any interaction with them about your account afterwards).

The Transaction Log will tell you when (or whether) the DN was issued, the remedy date etc.

If you want to claim damages you would probably need to prove a loss such as credit refused because of the default on your CRA file, or credit accepted but at a punitive interest rate. Has that happened to you?

Do you have any other adverse information on your CRA file which would/could cause you problems even if the Drydens' default wasn't there?

Max Recovery Ltd deal mostly with debts which have been involved in an IVA or bankruptcy , so have you ever been in an IVA and if so when did it start and when did it finish?

What is the current status with this debt? You say you haven't heard anything from Max Recovery or Drydens since January 2016, but what was the last thing they said/wrote to you at that point?

What you want to avoid is ruffling feathers. If they're not actively pursuing you that doesn't mean they won't start again in the future. Let sleeping dogs lie is one of this forum's mottos. If you annoy Drydens with a confrontational letter they may just issue a claim in retaliation. I would have suggested that you do your research first before you made the complaint.

How much is this debt because that may give an indication of how they might react?

You say this was an account opened online in 2011 so your Defence options may be limited if they decide to issue a claim but there could be assignment issues.

Di

I was under an IVA which started on the 1st June 2012 and ended sometime in 2015 as I had requested to cancel it for various reasons.

I will do what you advise and SAR mbna.

As far as I know, Max Recovery purchased the debt sometime in late 2012, after the IVA started.

Payments were made via the IVA up until it was cancelled sometime in 2015.

Its very strange that I have had not heard from both either Drydens or Max Recovery at all, the default was issued without any notice or warning.

The last correspondence I had from Drydens was 11 March 2016.

I've had no warning letter no default notice etc to say that a default was going to be issued.

Outstanding debt is £969.

My credit score has been affected by the default.

I'm just very confused by the whole situation.

[Joanna Connolly Solicitors]

Re: Drydensfairfax Solicitors Default

If you were in an IVA as recently as 2012 - 2015 then your credit file/score was probably trashed when all those debts defaulted (in 2012?) but the entries should be falling off your file any day now if they haven't already vanished - it's six years after the default was registered.

Is this Drydens' default the only blemish on your CRA file?

I'm not saying that an incorrect entry on your file is of no consequence (and it needs to be dealt with) but you asked the question could you claim damages (moneywise) as a result.

Did your IVA fail (the dates suggest that)? If so are any of the other creditors who were included in it chasing you and have you sent s.77-79 CCA Requests to any of them?

You may like to start a Diary on the forum where you'll get help and support to tackle all/any of your creditors who may be making things difficult for you. Or is this the only one?

Di