drydensfairfax solicitor

[cymruambyth]

Re: drydensfairfax solicitor

You say that you attempted to make a payment. Do you have any letters from that time referring to this? DCAs can be quite fictional over such payments. I have apparently paid 1p on an account which means it isn't statute barred!

[panther12]

Re: drydensfairfax solicitor

Was a SAR request ever sent.

[rod]

Re: drydensfairfax solicitor

does the entry relate to you making a payment? or is it a phantom payment??

the payment was on a copy of a santander statement not sure hope if its from the original copy

[rod]

Re: drydensfairfax solicitor

Was a SAR request ever sent.

I did sent a SAR but they claim that I didnt sent the cheque however they send me a copy of the statements and agreement that was where the 2010 payment of £73 came from

[cymruambyth]

Re: drydensfairfax solicitor

You say that the payment is shown on a statement from Drydens, can you check your own bank statements to see if it was made?

[rod]

Re: drydensfairfax solicitor

You say that the payment is shown on a statement from Drydens, can you cheque your own bank statements to see if it was made?

the payment was shown on a copy of a santander statement

[cymruambyth]

Re: drydensfairfax solicitor

Rod, we really need to clarify if this payment was made. You have stated there was an attempted payment and are now saying that the payment is shown on the statement. Is it shown as paid and then removed from the account?

[PlanB]

Re: drydensfairfax solicitor

the payment was shown on a copy of a santander statement

From memory (I've seen statements which you have sent to Niddy and me) this alleged payment in July 2010 was a 'bounced' DD which should not count as a payment in SB terms (a third party thing). The creditor called for a DD and your bank refused the request.

However I've also seen earlier statements which suggest (I need to check) that you may have successfully made DD payments earlier in the same year which may (may not) affect this debt's SB status.

I can also see that the CCA for this debt has been deemed

Tread carefully.

Plan B x

[PlanB]

Re: drydensfairfax solicitor

I have now receive a reply from drydensfax dated 20/11/2015 which detailed my complaint and there response to it and they are now saying that because I made an atempting to make a payment of £73 on 1/7/2010 its in the period of 6yrs so I am still liable for the debt. do yuo knowe if this is the case?

Email me a copy of that letter from Drydens solicitors dated 20th November using planb@all-about-debt.co.uk

Is/was it a LBA with a deadline?

Plan B x

[rod]

Re: drydensfairfax solicitor

Email me a copy of that letter from Drydens solicitors dated 20th November using planb@all-about-debt.co.uk

Is/was it a LBA with a deadline?

Plan B x

thanks I will send u a copy now -letter just states on hold for 14 days from 20th Nove

[Undercover Elsa]

Re: drydensfairfax solicitor

What was the date of the last payment prior to the bounced one? Did it bounce because you cancelled the DD at the bank, or due to lack of funds?

[rod]

Re: drydensfairfax solicitor

What was the date of the last payment prior to the bounced one? Did it bounce because you cancelled the DD at the bank, or due to lack of funds?

I will need to check the statements they only send me the statement with the 2010 transactions

[PlanB]

Re: drydensfairfax solicitor

I will send u a copy now -letter just states on hold for 14 days from 20th Nove

Thank you for sending that to me.

It doesn't read like a LBA but it did say the account is only "on hold" for 14 days which have now expired without you responding to their letter.

However the letter didn't say that they would issue legal proceedings "without further notice" if you didn't respond to it within the deadline even though that's Drydens' prerogative.

The way I see it (and I'm not a qualified lawyer) is you firmly believe this debt is SB or nearly SB albeit you have not provided any evidence of this.

SB is based on two things. Either the last payment date or acknowledgment of the debt.

You're unclear as to when you actually last made a successful payment. You really need to check this out from bank statements etc.

We advised you to send for a SAR to the original creditor almost a year ago and it remains unclear whether you did or didn't. This SAR information is vital to ascertain your legal position.

As far as acknowledgement of the debt goes you need to tread carefully. Don't fall into the trap of engaging in a meaningful exchange of correspondence where you unwittingly admit/acknowledge this debt.

Drydens letter concludes with the statement that if you're not happy with their response then you may refer your complaint to the FOS.

This is something which you might want to consider because it will delay matters for some months until this debt becomes SB (according to you but I have my doubts based on statements you have previously provided). Having said that, a referral to the FOS may actually be "acknowledging" the debt.

Let me have a word with 'back office' before you do anything rash.

Plan B x

[julian]

Re: drydensfairfax solicitor

Last payment 1/7/2010 is that 1st July or 7th January?

Sometimes the data is ambiguous.

[PlanB]

Re: drydensfairfax solicitor

I've spotted something else in that letter in relation to the SB issue. It says "the statement indicates that you were attempting to make a payment to the account. The last attempt was a payment of £73 on 1st June 2010". It does not say that you actually did make a payment. These were DDs called for by the creditor but unpaid by your bank. These were not payments made by you.

It also says you sent a CCA request in September 2014 but you didn't include the £1 statutory fee. Why not send that CCA request now including a £1 postal order. Send it to Arrow with a copy to Drydens with a covering letter which simply says "please see attached copy of my CCA request to your client".

Drydens have enclosed a copy of your CCA with their letter but you still need to be able to demonstrate that you have made a formal CCA request in line with s.78 CCA in case you are issued with legal proceedings and you want to use that as a Defence.

Plan B x