drydensfairfax solicitor

[rod]

Re: drydensfairfax solicitor

Did you do as I suggested above and send the SB template? That's all you need to do.

if it turns out that a payment was made just under 6 yrs or just over 5yrs would this means that they will be in a stronger position than are in now?

[cymruambyth]

Re: drydensfairfax solicitor

The SB clock doesn't stop until a claim is issued, so it should hopefully now be SB based on your first posts. If they haven't supplied enforceable documents then you are in a strong position. Is there no way of checking when your last payment was made?

[PlanB]

Re: drydensfairfax solicitor

Rod did you send that Subject Access Request to Santander on 30th September (or thereabouts)? If so they should have responded by now (40 days) and this may help with proof that this debt is statute barred which you believe to be the case. You should get back the statements showing the last payment from you, unless you made any payments to Arrow after they purchased it.

No I didn't I mistakenly sent another CCA instead with out the £1 then I just referred them back to the CCA i sent in Jan 14. this debt is defiantly over 6 yr old I haven't made any payment well over 6 yrs ago now they are issuing I CCJ

Yesterday I emailed you a reminder to send for a SAR to establish when the last payment was made. We suggested this last September but it seems it may have got overlooked.

If you need help in doing this please post on your thread.

Plan B x

[PlanB]

Re: drydensfairfax solicitor

Did you do as I suggested above and send the SB template? That's all you need to do.

I agree.

Rod you need to send the SB letter to Drydens solicitors because they remain instructed by Arrow, even though it was Arrow who wrote to you last enclosing the CCA documents.

This is because Arrow's letter specifically told you to deal direct with Drydens not them.

Plan B x

[rod]

Re: drydensfairfax solicitor

I agree.

Rod you need to send the SB letter to Drydens solicitors because they remain instructed by Arrow, even though it was Arrow who wrote to you last enclosing the CCA docume

This is because Arrow's letter specifically told you to deal direct with Drydens not them.

Plan B x

I have now sent the SB letterto Drydens and i will also sent SAR request letter to sanstander

[rod]

Re: drydensfairfax solicitor

I have now sent the SB letterto Drydens and i will also sent SAR request letter to sanstander

I have now received two letters for Drydensfairfaxafter I sent the SB letter.The first one dated 17th July stated that please note this account is now closed with ourselves. And any future correspondence should be sent to Arrow Global. The second one dated 22 July stated that my account has been placed on a temporary hold while they contact r Arrow with details of my query and will inform me of the outcome. I remember them doing this earlier saying that the ac was closed with them then done a u-turn and tried to offer me compensation. i don't know how to take the letters can somebody help?.

Thanks

[Never-In-Doubt]

Re: drydensfairfax solicitor

Just wait for them to reply.

[MrsD]

Re: drydensfairfax solicitor

I would just wait and see what happens next. Their systems are obviously not great, just keep a hold of the letters, file them away and lets see where they go next.

[rod]

Re: drydensfairfax solicitor

I would just wait and see what happens next. Their systems are obviously not great, just keep a hold of the letters, file them away and lets see where they go next.

Will do . Thanks

- - - Updated - - -

Just wait for them to reply.

Ok. Thanks

[PlanB]

Re: drydensfairfax solicitor

I have now received two letters for Drydensfairfaxafter I sent the SB letter.The first one dated 17th July stated that please note this account is now closed with ourselves. And any future correspondence should be sent to Arrow Global. The second one dated 22 July stated that my account has been placed on a temporary hold while they contact r Arrow with details of my query and will inform me of the outcome.

I agree with what's been said. Neither letter threatens you with anything. In fact they're both essentially saying the same thing which is they're not expecting anything from you at this moment in time.

They probably have a limited library of template letters and definitely not one that says what really should be said when told a debt is statute barred. They need a 'Game Over' template letter

Plan B x

[rod]

Re: drydensfairfax solicitor

I agree with what's been said. Neither letter threatens you with anything. In fact they're both essentially saying the same thing which is they're not expecting anything from you at this moment in time.

They probably have a limited library of template letters and definitely not one that says what really should be said when told a debt is statute barred. They need a 'Game Over' template letter

Plan B x

I have now received a reply from Drydens dated 7th August although i only received it on19th August. 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. We are already nearly 14 days from the date of the letter and 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?

[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

[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

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

[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