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Re: drydensfairfax solicitor
It seems as though this one has been firing off in all directions without any coherent plan of action. If there is an outstanding CCA request from January, then a further one should never have been sent.
So, you don't know the exact date of the last payment or written acknowledgement? I suppose not, given that you don't even know for sure what on Earth this relates to.
For once I disagree with Niddy – I think a “prove it” letter was appropriate in this case, as the alleged creditor has provided no account information to substantiate the existence of any alleged debt, and the recipient of these letters cannot even ascertain as to what they refer.
Here is what I would send -
FORMAL COMPLAINT
Dear Sir,
I am in receipt of your letter dated xx/xx/2014, which I deem to be highly inappropriate, and a total misrepresentation of the ongoing situation.
Please note the following -
On xx/xx/2014 (2013?) I received a communication from your office demanding payment of the sum of £6,924, which you alleged was owed to Arrow Global Guernsey Limited. Despite this, you failed to provide any substantiation of the existence of the alleged debt, its purported origins, or its future assignment to the present alleged creditor. When asked, in a communication of [date of the prove it letter], to provide this necessary substantiation, you were once again unable to do so.
Notwithstanding the above consideration, on 3rd January 2014, I forwarded a request for information pursuant to section 78 of the Consumer Credit Act 1974. This request remains in default, and as a consequence any alleged debt to which your initial communication refers remains unenforceable at law until this default is remedied. You stated, in a communication of xx January 2014, that you would place the alleged “account” on hold until you had referred back to the alleged creditor for supporting information. Despite this contention, you have continued to send inappropriate and threatening correspondence which is entirely out of context with the prevailing situation, and you have failed to provide any update relating to your purported interaction with the alleged “account holder.”
Unless you are able to substantiate the existence of the alleged debt with supporting evidence, such as the name of the original creditor, the date of account inception, the number of the account, the date of termination, and the date of assignment to the present holder, I am obviously unable to take any position other than that of continuing to request such evidence. Should you remain unable to support your unsubstantiated allegation of indebtedness, I can only suggest that you refer the matter back to your client permanently.
At the same time, I would send an SAR to Santander, if that is who you believe the original creditor to be. As there is nearly £7,000 at stake, this is worth doing properly. If you receive statements which prove the six year gap, you can then use them as evidence should Arrow finally locate the agreement and remedy the default of s. 78 CCA 1974.
SH
It seems as though this one has been firing off in all directions without any coherent plan of action. If there is an outstanding CCA request from January, then a further one should never have been sent.
So, you don't know the exact date of the last payment or written acknowledgement? I suppose not, given that you don't even know for sure what on Earth this relates to.
For once I disagree with Niddy – I think a “prove it” letter was appropriate in this case, as the alleged creditor has provided no account information to substantiate the existence of any alleged debt, and the recipient of these letters cannot even ascertain as to what they refer.
Here is what I would send -
FORMAL COMPLAINT
Dear Sir,
I am in receipt of your letter dated xx/xx/2014, which I deem to be highly inappropriate, and a total misrepresentation of the ongoing situation.
Please note the following -
On xx/xx/2014 (2013?) I received a communication from your office demanding payment of the sum of £6,924, which you alleged was owed to Arrow Global Guernsey Limited. Despite this, you failed to provide any substantiation of the existence of the alleged debt, its purported origins, or its future assignment to the present alleged creditor. When asked, in a communication of [date of the prove it letter], to provide this necessary substantiation, you were once again unable to do so.
Notwithstanding the above consideration, on 3rd January 2014, I forwarded a request for information pursuant to section 78 of the Consumer Credit Act 1974. This request remains in default, and as a consequence any alleged debt to which your initial communication refers remains unenforceable at law until this default is remedied. You stated, in a communication of xx January 2014, that you would place the alleged “account” on hold until you had referred back to the alleged creditor for supporting information. Despite this contention, you have continued to send inappropriate and threatening correspondence which is entirely out of context with the prevailing situation, and you have failed to provide any update relating to your purported interaction with the alleged “account holder.”
Unless you are able to substantiate the existence of the alleged debt with supporting evidence, such as the name of the original creditor, the date of account inception, the number of the account, the date of termination, and the date of assignment to the present holder, I am obviously unable to take any position other than that of continuing to request such evidence. Should you remain unable to support your unsubstantiated allegation of indebtedness, I can only suggest that you refer the matter back to your client permanently.
At the same time, I would send an SAR to Santander, if that is who you believe the original creditor to be. As there is nearly £7,000 at stake, this is worth doing properly. If you receive statements which prove the six year gap, you can then use them as evidence should Arrow finally locate the agreement and remedy the default of s. 78 CCA 1974.
SH
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