drydensfairfax solicitor

[PlanB]

Re: drydensfairfax solicitor

After receiving a letter from drydensfairfax on 10/10/14 stating that the matter is now close with them, I hare now received a letter from them dated 10/11/14 stating that a CCJ has been issued against me in accordance with instructions they have received from their client (Arrow) and I will shortly relieve the document showing the amount of £7,434,82.

I'll flag this up for attention.

You've still got an outstanding s.78 CCA request so they shouldn't have done this.

If/when the summons arrives can you scan a copy of the first page (N1) by email to atw@all-about-debt.co.uk and to Niddy using webmaster@all-about-debt.co.uk and we'll take it from there.

Please try not to worry because if Drydens said the file was closed on receipt of your CCA request then there may have been a breakdown in communication between them and Arrow. It wouldn't be the first time.

Forget about all this over the weekend because nothing nasty can happen to you in the next couple of days (or ever once we get involved)

[rod]

Re: drydensfairfax solicitor

I'll flag this up for attention.

You've still got an outstanding s.78 CCA request so they shouldn't have done this.

If/when the summons arrives can you scan a copy of the first page (N1) by email to atw@all-about-debt.co.uk and to Niddy using webmaster@all-about-debt.co.uk and we'll take it from there.

Please try not to worry because if Drydens said the file was closed on receipt of your CCA request then there may have been a breakdown in communication between them and Arrow. It wouldn't be the first time.

Forget about all this over the weekend because nothing nasty can happen to you in the next couple of days (or ever once we get involved)

thank you very much i feel much better now

[PlanB]

Re: drydensfairfax solicitor

I hare now received a letter from them dated 10/11/14 stating that a CCJ has been issued against me in accordance with instructions they have received from their client (Arrow) and I will shortly relieve the document

It's been over a week since Drydens sent you that letter - has the court summons arrived yet? If so post up urgently because you only have a limited time to deal with the first step to defending this. We'll then guide you what to do next

Can you just clarify that you sent Drydens a new CCA request on 4th September 2014 and then sent the £1 postal order separately on 27th September 2014 because you didn't enclose it with the CCA request letter?

[PlanB]

Re: drydensfairfax solicitor

Thanks

where can I access a template

• Here ------> Subject Access (SAR) - Advanced Request

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.

[rod]

Re: drydensfairfax solicitor

It's been over a week since Drydens sent you that letter - has the court summons arrived yet? If so post up urgently because you only have a limited time to deal with the first step to defending this. We'll then guide you what to do next

Can you just clarify that you sent Drydens a new CCA request on 4th September 2014 and then sent the £1 postal order separately on 27th September 2014 because you didn't enclose it with the CCA request letter?

I haven’t received the CCJ docs as yet if they send it I will immediately scan it over to you. I initially sent a CCA on 3rd of Jan 14 with £1 and received an acknowledgement letter on 7th Jan 14. I then received further letters in August request payment within 10 day that was when I sent another CCA letter without the £1. They replied by saying that I didn’t enclosed £1, I then replied and referred them to the CCA that I sent on the 3rd of Jan 14 and their and enclosed the acknowledgement letter. They then replied on the 10 Oct 14 saying the matter is now closed with then the 10th Nov I received the letter saying about the CCJ.

[rod]

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

[PlanB]

Re: drydensfairfax solicitor

I haven’t received the CCJ docs as yet . . . .

. . . then the 10th Nov I received the letter saying about the CCJ.

Can you email a copy of that last letter dated 10th November to Niddy using webmaster@all-about-debt.co.uk please.

It would be good if it was only a threat not the real deal

Sometimes DCAs say "we have been instructed to issue a court summons" but they don't actually go ahead if you send a robust reply to the threat/LBA. I don't want to get your hopes up so send that letter to Niddy to decipher.

[rod]

Re: drydensfairfax solicitor

Can you email a copy of that last letter dated 10th November to Niddy using webmaster@all-about-debt.co.uk please.

It would be good if it was only a threat not the real deal

Sometimes DCAs say "we have been instructed to issue a court summons" but they don't actually go ahead if you send a robust reply to the threat/LBA. I don't want to get your hopes up so send that letter to Niddy to decipher.

Ok I will scan a copy and email it over to Niddy tomorrow morning

[PlanB]

Re: drydensfairfax solicitor

Ok I will scan a copy and email it over to Niddy tomorrow morning

Can you email a copy to me too in case Niddy gets busy today planb@all-about-debt.co.uk

If it is a threat with a time limit we need to get a letter off to them pronto

[rod]

Re: drydensfairfax solicitor

Can you email a copy to me too in case Niddy gets busy today planb@all-about-debt.co.uk

If it is a threat with a time limit we need to get a letter off to them pronto

ok will do right now

[PlanB]

Re: drydensfairfax solicitor

ok will do right now

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.

[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

[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

[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

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