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  • #61
    Re: drydensfairfax solicitor

    Originally posted by Never-In-Doubt View Post
    I'd respond to them with something like this..... Just edit the dates / reference where indicated......

    Dear Sirs,

    Ref: xxxxxxxx

    I write with reference to your letter dated XX November 2014 and hold it side by side to your previous letter dated XX October 2014; and find myself somewhat confused by the content.

    You first tell me not to contact you because you are no longer dealing with the account, and instead point me to Arrow Global yet before Arrow have even written out to me I receive your second letter dated XX November 2014 which states you're issuing a claim. I must ask the question, prior to passing this to my solicitor, on what grounds do you feel you are able to issue a claim when you've already confirmed to me that you are not the legal owner of the account?

    I must warn you that your actions are in direct breach of no less than 5 of the FCA Consumer SourceBook (CONC) Guidelines which clearly states you cannot behave like this, especially with the added confusion with you saying you're not dealing with the account one month to then issue legal threats the following month - that is unacceptable and evidence of your underhand behaviour will be shown to the court if any such claim is issued, of course the claim will be vehemently denied and defended as well.

    Finally, you are aware there is an outstanding CCA request in line with s.78 of the CCA(1974) and as you're fully aware, this means the debt is currently unenforceable so to issue proceedings under those circumstances would be in direct breach of the FCA Handbook CONC 13.1.6.

    I look forward to your response clarifying exactly what is going on with this account.

    Yours faithfully,


    Sign Digitally
    Thank you very much I will send this off right away.

    Comment


    • #62
      Re: drydensfairfax solicitor

      Final version below......



      Dear Sirs,

      Ref: xxxxxxxx

      I write with reference to your letter dated XX November 2014 and hold it side by side to your previous letter dated XX October 2014; and find myself somewhat confused by the content.

      You first tell me not to contact you because you are no longer dealing with the account, and instead point me to Arrow Global yet before Arrow have even written out to me I receive your second letter dated XX November 2014 which states you're issuing a claim. I must ask the question, prior to passing this to my solicitor, on what grounds do you feel you are able to issue a claim when you've already confirmed to me that you are not the legal owner of the account?

      I must warn you that your actions are in direct breach of no less than 5 of the FCA Consumer SourceBook (CONC) Guidelines which clearly states you cannot behave like this, especially with the added confusion with you saying you're not dealing with the account one month to then issue legal threats the following month - that is unacceptable and evidence of your underhand behaviour will be shown to the court if any such claim is issued, of course the claim will be vehemently denied and defended as well.

      Finally, there is still an outstanding CCA request in line with s.78 of the CCA(1974) and as you're fully aware, this means the debt is currently unenforceable so to issue proceedings under those circumstances would be in direct breach of CONC 13.1.6.

      I look forward to your response clarifying exactly what is going on with this account.

      Yours faithfully,


      Sign Digitally
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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      Comment


      • #63
        Re: drydensfairfax solicitor

        Originally posted by rod View Post
        Thank you very much I will send this off right away.
        No - send the one above called final version
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #64
          Re: drydensfairfax solicitor

          Originally posted by Never-In-Doubt View Post
          No - send the one above called final version
          Ok Thanks

          Comment


          • #65
            Re: drydensfairfax solicitor

            Originally posted by Never-In-Doubt View Post
            No - send the one above called final version
            After sending off the letter dated the 20/11/14 I receive an apologies letter dated 14/1/14 offering £15 "for the distress and inconvenience caused" which i didn't accept. They also said in the letter that they cant find any record of the CCA request that I send them 5/9/14, but they have requested copy documents from their client.
            I have now received copy on 24/6/15 of the agreement dated the 17/6/05 which I don't know if they are true copies. can this debt still be enforced with these document?, also i believe this debt is well over 6 yrs old

            Comment


            • #66
              Re: drydensfairfax solicitor

              I see you got my password reset email. Goody


              If it's over 6yrs then it'll be SB. They've never started proceedings have they?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #67
                Re: drydensfairfax solicitor

                Originally posted by Never-In-Doubt View Post
                I see you got my password reset email. Goody


                If it's over 6yrs then it'll be SB. They've never started proceedings have they?
                Thanks for helping me out on the password resetting.. I haven't received any notification of any proceeding, does this means that they cant or can they just go down the SD? route?

                Comment


                • #68
                  Re: drydensfairfax solicitor

                  If it's SB send our SB template.
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #69
                    Re: drydensfairfax solicitor

                    Originally posted by rod View Post
                    also i believe this debt is well over 6 yrs old
                    Can you tell us why you believe this debt to be statute barred. I'm not doubting you but it's good to be sure of the facts.

                    When did you last make a payment to this debt?

                    Plan B x

                    Comment


                    • #70
                      Re: drydensfairfax solicitor

                      Originally posted by rod View Post
                      They also said in the letter that they cant find any record of the CCA request that I send them 5/9/14, but they have requested copy documents from their client.
                      I have now received copy on 24/6/15 of the agreement dated the 17/6/05 which I don't know if they are true copies. can this debt still be enforced with these document?, also i believe this debt is well over 6 yrs old
                      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

                      Plan B x

                      Comment


                      • #71
                        Re: drydensfairfax solicitor

                        Originally posted by PlanB View Post
                        Can you tell us why you believe this debt to be statute barred. I'm not doubting you but it's good to be sure of the facts.

                        When did you last make a payment to this debt?

                        Plan B x
                        not exactly sure, but from memory its was not after 2008

                        - - - Updated - - -

                        Originally posted by PlanB View Post
                        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

                        Plan B x
                        Thanks- I will email the copy today

                        Comment


                        • #72
                          Re: drydensfairfax solicitor

                          Originally posted by rod View Post
                          not exactly sure, but from memory its was not after 2008

                          - - - Updated - - -

                          Thanks- I will email the copy today
                          Just wondering if you have received my email I sent with a copy of the agreement that was sent to me?

                          Comment


                          • #73
                            Re: drydensfairfax solicitor

                            Hi Rod, they'll get back to you as soon as they can. Plan B is away at the moment and it usually takes at least a week or two for Niddy to get chance to check all the agreements he receives unless it's urgent eg there's a court case in progress.

                            Give it a week and if you still haven't heard anything give us a shout

                            Comment


                            • #74
                              Re: drydensfairfax solicitor

                              Did you do as I suggested above and send the SB template? That's all you need to do.
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment


                              • #75
                                Re: drydensfairfax solicitor

                                Originally posted by Never-In-Doubt View Post
                                Did you do as I suggested above and send the SB template? That's all you need to do.
                                I am going to do it today then wait for a week as you suggested. thanks

                                Comment

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