drydensfairfax solicitor

[rod]

Re: drydensfairfax solicitor

thanks you all for your help. how do i subacribe to AAD?

would you need my email address to send the letter?

[rod]

Re: drydensfairfax solicitor

Spoke with planB - We think right now it's best that you cover all bases. If you subscribe to AAD+ I'll email you letters to send off to hopefully buy time whilst we see what's what.

A standard LBA response won't work. I'll do you a bespoke one to suit your situation after you sub to AAD+

thanks you all for your help. how do i subacribe to AAD?

[Never-In-Doubt]

Re: drydensfairfax solicitor

Spoke with planB - We think right now it's best that you cover all bases. If you subscribe to AAD+ I'll email you letters to send off to hopefully buy time whilst we see what's what.

A standard LBA response won't work. I'll do you a bespoke one to suit your situation after you sub to AAD+

[Never-In-Doubt]

Re: drydensfairfax solicitor

I was thinking that the LBA response letter requests statements in paragraph 5 which could kill two birds with one stone.


For the avoidance of doubt the documents that I require to be sent to me are as follows:

1. A copy of the original credit agreement;
2. A copy of the Default Notice;
3. A copy of the Termination Notice;
4. A copy of the Notice of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

I don't think an LBA reply is suitable here. I just don't. There is no legal threat and right now I'd suggest SAR more than any smart arse replies.

An LBA response right now will likely piss them off. I'd sooner send a SAR and copy them in asking for 40 days time whilst OC provides docs etc. it's worth a shot. If anything send a SAR then copy in possible claimant and a few days later send an LBA response? But it'd need reworded as right now there's very little defence that I can see. All depends on the SAR....

But that's only my opinion. I'm not often wrong when it comes to second guessing outcomes.

[Never-In-Doubt]

Re: drydensfairfax solicitor

Niddy can you pffer any help on this? and csan you send me a miwssing subcribe template. as I want to send tghem something to hold thrm off while I am on holiday.

Thanks

in my opinion the agreement is good / easy to argue enforceable. Right now UE isn't an option - look at getting copies of historic documents so if a claim is issued we've got a head start. SAR must be complied within 40 days. A claim gives approx 28 before a defence is due so right now you need to send a SAR to the original creditor.

[PlanB]

Re: drydensfairfax solicitor

Then you need to request statements. If they issue a claim they will. In my opinion an LBA is futile at this stage. You must establish last payment. Your agreement is enforceable imo.

Hence an LBA won't help.

I was thinking that the LBA response letter requests statements in paragraph 5 which could kill two birds with one stone.


For the avoidance of doubt the documents that I require to be sent to me are as follows:

1. A copy of the original credit agreement;
2. A copy of the Default Notice;
3. A copy of the Termination Notice;
4. A copy of the Notice of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

[Never-In-Doubt]

Re: drydensfairfax solicitor

I cant recall making a payment of £73 in 2010

Then you need to request statements. In my opinion an LBA is futile at this stage. You must establish last payment. Your agreement is enforceable imo.

Hence an LBA won't help. You'd be better getting SAR. Reason being if they issue a claim they don't need to hold it whilst awaiting SAR so do SAR now so we've got a chance of finding something to defend. Right now you have no defence so an LBA response is futile.

You must join AAD+ to get our templates.

[PlanB]

Re: drydensfairfax solicitor

I cant recall making a payment of £73 in 2010

Were you on an arrangement to pay with MBNA in 2009/2010?

I think to be safe you should send our LBA response letter which requests more documents from Drydens solicitors since you're going to be away from tomorrow for two weeks.

You'll find the template letter here http://forums.all-about-debt.co.uk/s...l=1#post495044

We don't know whether that solicitors' letter is a formal LBA but better safe than sorry since Arrow has complied with your s.78 CCA request in theory even if what they've sent could be iffy.

Have a good holiday.

Plan B x

[rod]

Re: drydensfairfax solicitor

I've checked my file and I can see you sent Niddy and me a copy of your CCA response from Arrow on 17th July 2015 (i.e. last month).

Included in the documents were two account statements which show a direct debit for £73 debited to your account in May 2010. It also showed an unpaid direct debit in April 2010. I asked you whether that May DD had cleared and you were doubtful that it had.

Drydens are now saying you made a payment of £73 in June 2010. Does this mean that your DD was being returned 'unpaid' each month because if so that would not affect SB.

In order for your debt to be SB as of today's date the last 'cleared' payment would need to have been in July 2009. Is it likely that the DD was being collected and returned 'unpaid' every month for a whole year after that date?

I also see we suggested you should send for a SAR. If you did that and got a response then you should be able to check the last payment from the information they've provided.

Finally, has Niddy replied to your request to look at the CCA to see if it's UE because if this debt isn't SB you may still have other legal arguments.

If the CCA is UE (and it looks a bit sketchy to me but I'm no expert so ask Niddy) then you may want to send the Missing Prescribed Terms letter as a holding position until you get back from your holiday.

Plan B x



Posted 9th July 2015

Niddy can you pffer any help on this? and csan you send me a miwssing subcribe template. as I want to send tghem something to hold thrm off while I am on holiday.

Thanks

[rod]

Re: drydensfairfax solicitor

Do you recall making that payment of £73 on 1st June 2010?

What did the letter from Drydens solicitors say would happen if you did not make a proposal for payment within 14 days? Did it say they would issue proceedings without further notice in which case you may need to send back our LBA response template letter which is in our free templates section here http://forums.all-about-debt.co.uk/s...l=1#post495044

Plan B x

I cant recall making a payment of £73 in 2010

[rod]

Re: drydensfairfax solicitor

Do you recall making that payment of £73 on 1st June 2010?

What did the letter from Drydens solicitors say would happen if you did not make a proposal for payment within 14 days? Did it say they would issue proceedings without further notice in which case you may need to send back our LBA response template letter which is in our free templates section here http://forums.all-about-debt.co.uk/s...l=1#post495044

Plan B x

No it just says within 14 days in terms of your payment proposal

[PlanB]

Re: drydensfairfax solicitor

One more thing Rod, that credit card statement from June 2010 states an "Available to spend" sum and a "Payment due date" of July. The "Minimum Payment" is not for the whole balance. So at that point the account appears not to have been defaulted.

It also shows '0' interest added and the rate of interest charged as 0% which suggests you may have been on an Arrangement to Pay and they had stopped the interest.

I'm not doubting your recollection of no payments for over six years but we need to double-check the documents already provided by Arrow/Drydens in case you need to switch tactics.

Plan B x

[PlanB]

Re: drydensfairfax solicitor

Arrow has confirmedt hat they received a payment from me for £73 .00 on the 1 June 2010. therforet his matter is not statute barred.

. . . . I am due to go on holiday on 20th August for 2 weeks, is it possible for them to issue a SD within the 2 weeks while I am on Holiday?

I've checked my file and I can see you sent Niddy and me a copy of your CCA response from Arrow on 17th July 2015 (i.e. last month).

Included in the documents were two account statements which show a direct debit for £73 debited to your account in May 2010. It also showed an unpaid direct debit in April 2010. I asked you whether that May DD had cleared and you were doubtful that it had.

Drydens are now saying you made a payment of £73 in June 2010. Does this mean that your DD was being returned 'unpaid' each month because if so that would not affect SB.

In order for your debt to be SB as of today's date the last 'cleared' payment would need to have been in July 2009. Is it likely that the DD was being collected and returned 'unpaid' every month for a whole year after that date?

I also see we suggested you should send for a SAR. If you did that and got a response then you should be able to check the last payment from the information they've provided.

Finally, has Niddy replied to your request to look at the CCA to see if it's UE because if this debt isn't SB you may still have other legal arguments.

If the CCA is UE (and it looks a bit sketchy to me but I'm no expert so ask Niddy) then you may want to send the Missing Prescribed Terms letter as a holding position until you get back from your holiday.

Plan B x



Posted 9th July 2015

You say you've now received a response to your CCA request submitted in September 2014.

They've sent you a CCA dated 17th June 2005. You want to know if it's enforceable.

In order to answer your question can you send a copy of that to Niddy using webmaster@all-about-debt.co.uk and to me using planb@all-about-debt.co.uk

[Never-In-Doubt]

Re: drydensfairfax solicitor

As planB says - do you recall that payment?

If not write back and ask them for evidence of the payment by providing the statements for the month before the payment, the payment month and the statement the month after - you need 3 statements so we can identify this payment. We'll help you when the statements arrive.

[PlanB]

Re: drydensfairfax solicitor

The letter stated that the Client which is Arrow has confirmedt hat they received a payment from me for £73 .00 on the 1 June 2010. therforet his matter is not statute barred. they also said they are looking forward to hearing fron me within fourteen days for my proposal for payment.

Do you recall making that payment of £73 on 1st June 2010?

What did the letter from Drydens solicitors say would happen if you did not make a proposal for payment within 14 days? Did it say they would issue proceedings without further notice in which case you may need to send back our LBA response template letter which is in our free templates section here http://forums.all-about-debt.co.uk/s...l=1#post495044

Plan B x