drydensfairfax solicitor

[Pixie]

Re: drydensfairfax solicitor

When did you send your SAR to Santander rod?

[rod]

Re: drydensfairfax solicitor

let them issue a claim. We know that it's a mistake - they applied the DD to your statement prior to actually getting (or not as the case is) the funds. Their error - screw em.

they seems to be a bit gentle with there response as if they know that they havn't got a strong case. I could be wrong though

[rod]

Re: drydensfairfax solicitor

Have you compared the 2 sheet entries provided by arrow with the complete transaction history from your SAR request made to the original creditor.

I havn't receive the SAR from satandar as yet shall send another request?

[Never-In-Doubt]

Re: drydensfairfax solicitor

I have nowreceived a reply from arrow with copy of the agreement(returning the £1 postalorder) and a copy of just two sheet of statement with entries: 27th May 2010payment £73 Cr ,1 jun 2010 unpaid direct debit £73. it seems to me that therewas un attempt to take the payment on 27th May but was enterred unpaid on 1stJun 2015. this appears be all they have to go on. I have now reevied letterform drydensfairfax dated 19th Jan 2016 giving me until the 29th Jan to givethen enough information for them to assess my circumstances or they will haveno alternative but to commence steps to recover full balance. do you think theyhave grounds to take this further?

let them issue a claim. We know that it's a mistake - they applied the DD to your statement prior to actually getting (or not as the case is) the funds. Their error - screw em.

[panther12]

Re: drydensfairfax solicitor

Have you compared the 2 sheet entries provided by arrow with the complete transaction history from your SAR request made to the original creditor.

[rod]

Re: drydensfairfax solicitor

Yes I agree you are right what you are saying "attempting" I will send of the request right away

I have nowreceived a reply from arrow with copy of the agreement(returning the £1 postalorder) and a copy of just two sheet of statement with entries: 27th May 2010payment £73 Cr ,1 jun 2010 unpaid direct debit £73. it seems to me that therewas un attempt to take the payment on 27th May but was enterred unpaid on 1stJun 2015. this appears be all they have to go on. I have now reevied letterform drydensfairfax dated 19th Jan 2016 giving me until the 29th Jan to givethen enough information for them to assess my circumstances or they will haveno alternative but to commence steps to recover full balance. do you think theyhave grounds to take this further?

[julian]

Re: drydensfairfax solicitor

The validity of 'last payment' based on 'payment' attempts using DD is moot.

If a DD hits your account and is rejected i.e. can be seen as a DD debit entry taken out followed by a credit entry because the account overdrawn, like a bounced cheque, then you have given authority to the bank to pay which the bank chose to ignore, but if the DD has been closed you have rescinded the authority.

If a condition of the credit card/loan was DD for a

-specific amount every month and the company takes more or less than that amount. Is the agreement voided?
-flexible amount every month to cover the previous month's expenditure and they cannot take that amount.
a) Is the agreement voided?
b) Can they take the amount any other time e.g. next month, repeated attempts, splitting amounts?

If any payments but the authorised are taken, does that count as a payment/acknowledgement re CCA?

Any precedents?

[julian]

Re: drydensfairfax solicitor

The Subject Access Request is a formal request for all the information a body holds you in electronic form. It is a legal requirement under the Data Protection Act and as a cost £10 to cover costs.

Often companies do not provide everything as the cost far exceed the fee and they hide under the 'reasonable effort' cloak. You can specify elements that interest you, and they would need to provide or say why, e.g. telephone logs, and if they do not record them electronically they would need to tell you, etc. You would best use a Niddy template, as this would cover most items.

[rod]

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

Yes I agree you are right what you are saying "attempting" I will send of the request right away

[rod]

Re: drydensfairfax solicitor

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

Thank you for this. I wont do anything rash, I will check to see if i requested a SAR from Santander( what does a SAR mean? ) if not I'll contact them.

[Undercover Elsa]

Re: drydensfairfax solicitor

Good point

[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

[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 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

[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