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  • Drysdenfairfax Lloyd's OD

    Hi.
    hope all well. backround to this, I had a student bank account from 1991 which over time turned in a main joint account with my ex until defaulted with 3K overdradt in 2015. I've always ignored various letters, was assigned 2018 to Arrow. My ex had a letter before claim from drysden, I didn't know about it. They returned the form, ticking D, and included a formal cca request, plus a letter requesting statements, default, t&c, etc.
    they let me know yesterday that drysden have returned the cca request, the letter asking for futher details, the £1 postal order and the completed claim letter. In the post they also included a photocopy of the signed for envelope and a handwritten compliment slip saying, "we received a postal order which we are returning as this is no longer required "
    Couple of questions if I may. Does this indicate that they can not fulfil their request and therefore can't at the moment proceed.
    Why return the completed letter before claim letter?
    I have never responded to anything to do with this account, potential SB is September this year, has this contact from my ex inadvertently reset the time?

  • #2
    some companies do not want the £1 to comply but you keep copy of the letters as proof that you requested CCA, so until they supply it is unenforceable even then it has to be correct and and be checked foe you via this site, as far as account being joint it cannot be statute barred as the joint partner has acknowledged it!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #3
      Ta. Thought sb had gone, mind you they had no choice as had to fill out the form, still weird they sent it all back.

      Comment


      • #4
        PlanB
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          If your ex simply filled in the letter of claim saying they dispute the debt and asking for documents along with a cca request I do not think that is acknowledging anything.

          who knows why they returned everything, maybe Di can suggest a reason

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          • #6
            Originally posted by Arthur View Post
            I had a student bank account from 1991 which over time turned in a main joint account with my ex until defaulted with 3K overdradt in 2015. I've always ignored various letters, was assigned 2018 to Arrow. My ex had a letter before claim from drysden, I didn't know about it. They returned the form, ticking D, and included a formal cca request, plus a letter requesting statements, default, t&c, etc.
            they let me know yesterday that drysden have returned the cca request, the letter asking for futher details, the £1 postal order and the completed claim letter. In the post they also included a photocopy of the signed for envelope and a handwritten compliment slip saying, "we received a postal order which we are returning as this is no longer required "

            . . . I have never responded to anything to do with this account, potential SB is September this year, has this contact from my ex inadvertently reset the time?


            From the way you describe things Drydens have acknowledged receipt of your ex's CCA Request, otherwise how could they have returned it together with the postal order

            I don't have a crystal ball to tell you why they did that.

            A s77-79 CCA Request should be sent to the debt owner which is Arrow in this instance. It would be unusual for Drydens to return documentation to the sender unless they are no longer instructed in the matter. How long ago was the Letter of Claim received, and how long ago was the CCA Request sent?

            A joint account makes both customers jointly and severally liable for the debt. If they've decided just to pursue your ex for the whole amount then depending on how amicable things are between you both, you may want to do nothing at this stage since you are not being threatening with legal proceedings. Although that doesn't mean they won't do that if your ex tells them the full background.

            Whether your ex has acknowledged the debt for Statute Barred purposes might depend on what was written in the letter which was sent seeking documentation, and/or whether it said they didn't recognise the debt etc.

            I notice that this bank account started as a student account which you say turned into a joint account with your ex at a later date which may muddy the waters (for Arrow) if the overdraft facility was provided for the initial account in your name only etc etc.

            Di


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            • #7
              The letter of claim was completed and sent to drysden 7th May, I understand this was within the time limit. Yes, the account was mine solely then became joint around 1997, the claim letter stated that this was arising from 1991 to my ex, we didn't know each other then!
              I am speaking to them soon again, so will find out some more. She did say they returned the cca request and the request for further information letter. I find it weird they also sent back the completed lbc form, surely they need this to proceed, in sending it back are they stating that they are not interested anymore. They should at least explain, rather than a one sentence hand written note. I've heard nothing about this account for ages, long may it last

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