drydensfairfax solicitor

[rod]

Re: drydensfairfax solicitor

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 - - -

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

[PlanB]

Re: drydensfairfax solicitor

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

[PlanB]

Re: drydensfairfax solicitor

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

[Never-In-Doubt]

Re: drydensfairfax solicitor

If it's SB send our SB template.

[rod]

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?

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?

[Never-In-Doubt]

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?

[rod]

Re: drydensfairfax solicitor

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

[rod]

Re: drydensfairfax solicitor

No - send the one above called final version

Ok Thanks

[Never-In-Doubt]

Re: drydensfairfax solicitor

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

No - send the one above called final version

[Never-In-Doubt]

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

[rod]

Re: drydensfairfax solicitor

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.

[Never-In-Doubt]

Re: drydensfairfax solicitor

Would it be worth mentioning that there is a s.78 CCA request outstanding which the OP sent last month?

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 http://fshandbook.info/FS/html/FCA/CONC/13/1

Will add a line

[PlanB]

Re: drydensfairfax solicitor

Would it be worth mentioning that there is a s.78 CCA request outstanding which the OP sent last month?

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 http://fshandbook.info/FS/html/FCA/CONC/13/1

[Never-In-Doubt]

Re: drydensfairfax solicitor

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, 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

[rod]

Re: drydensfairfax solicitor

I've got it. Their letter clearly states a claim has been issued so I can't think of any reason why you've not received it since they take a maximum of 5 days to arrive normally and that letter is dated 10th November. The only possibility is that they stopped short of entering the claim into the database when they realized that they had 'closed' the account.

As soon as a claim arrives let us know. We will then help you Defend the claim on the basis of it being SB.

Ok Thanks