Drysden Fairfax financial statement

[stuffthebanks]

A very happy new year to you all.
Apologies for length in getting back, so much going on over last few years....utter chaos.
So recap on previous post....
We never received any paperwork following our requests for copy of agreement.
Both of our credit files are clear now, but still have a couple of debts still paying through Drysden.
My debt was originally with MBNA enforceable debt, went into default 2012 at the sum of £2300.
Debt currently stands at £1400, paying £10.00 per month.
I would like to get rid of this and thought of offering a full and final settlement.
Any advice on how much i should offer?
Many thanks as always
Steve

[Roger]

A very happy new year to you all.
Apologies for length in getting back, so much going on over last few years....utter chaos.
So recap on previous post....
We never received any paperwork following our requests for copy of agreement.
Both of our credit files are clear now, but still have a couple of debts still paying through Drysden.
My debt was originally with MBNA enforceable debt, went into default 2012 at the sum of £2300.
Debt currently stands at £1400, paying £10.00 per month.
I would like to get rid of this and thought of offering a full and final settlement.
Any advice on how much i should offer?
Many thanks as always
Steve

Hi Steve
We corresponded 2020!
Sainsbury and Arrow featured then. First I have heard of a debt with MBNA!

Well a good starting place would be to send a SAR to MBNA to see what DATA they now HOLD on You and this DEBT.

At the same time it will assist you and AAD if you could create a Diary Entry for this MBNA debt

Type of account -
Date commenced -
Approx balance -
Date last paid -
Are you on arrangement or not paying -
Account owner -

[Still Waving]

I agree with Roger - flesh this out so that we are fully aware of the history and current situation.

I would just add that as you are making regular payments, I suspect that the creditor will not entertain a low F&F, and will probably counter with a much higher figure. Best to find out how strong a hand you/they hold first.

[The Tech Clerk]

Hi Steve
We corresponded 2020!
Sainsbury and Arrow featured then. First I have heard of a debt with MBNA!

Well a good starting place would be to send a SAR to MBNA to see what DATA they now HOLD on You and this DEBT.

At the same time it will assist you and AAD if you could create a Diary Entry for this MBNA debt

Type of account -
Date commenced -
Approx balance -
Date last paid -
Are you on arrangement or not paying -
Account owner -

Enter Date


Dear Sirs,


Reference:


Subject Access Request - S.7 Data Protection Act 1998


Under the Data Protection Act 1984 and 1998 also 2018 in particular to “Article 15 of the UK GDPR 2018.


Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.


Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.


If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. To include any Microfilch records.


Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.


If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.


You have 30 days in which to comply.



Yours faithfully.


send and get free proof of posting update diary and keep copies on file. There is no charge for the DSAR request.

[stuffthebanks]

Cheers guys
thanks for the replies.
I do have all of the info related to this on my unenforceable diary.
Would there ever be a situation where you could go back to Arrow and submit a CCA request after all this time, and if they do not have a copy, would this debt still be enforceable, albeit still liable for payment.
Cheers again Steve

[Still Waving]

Link to diary ? Don't make us do the work.

Better still C&P the relevant account detail to here.

[The Tech Clerk]

More request for diary - 3rd attempt:-



Type of account -
Date commenced -
Approx balance -
Date last paid -
Are you on arrangement or not paying -
Account owner -

[stuffthebanks]

Morning Guys,
My apologies for being an idiot with my responses of late....
Below is the last post on my unenforceable diary in relation to the debt i am currently referencing to.

Re: Stuff the banks ue diary

MBNA CREDIT CARD

Started 12/10/04
Balance - £2300
Last payment £30.00 January 2012
Status. Not in default

CCA received on 12/2/12...No expert,but looks unenforceable to me...so i'm going down the UE route with this one now.

17/2/12 ...CCA posted on secure database for Niddy to look at
19/2/12....Thanks for looking Niddy....end of the road with this one.....

This account went into default later in 2012.
It was assigned to Arrow Global in September 2012.
I have been making payments of £5.00 increasing to £10.00, and most recently £15.00.
Balance on 31-12-22 = £1406.
If i was to make a final offer, idea on how much would be much appreciated.
In the event this got awkward with me making payments, might submitting a cca request make things difficult with the original request from MBNA showing as enforceable.
Hope this all helps, and apologies once again for my dithering.

All the best
Steve

[Pat]

Hi Steve

As you have been making payments, as I am sure you know- it is 6 years from SB. Also I suspect that if you were to make a F&F they would want a hight price, after all they are getting £180 a year for doing nothing.

I have to say I find it unusual that a MBNA agreement is EN- But if you were to send a new one to AG they might not have the original so would have difficulty. Then you could stop and then, if you so wished make an offer in a few months. After 10.5 years they may well struggle to find the original.

If push came to shove, it might only be worth poking the beast if you have the funds to make a substantial offer.

BTW many an EN agreement turns out to be UE in court because of duff S87 DN's and other things.

[stuffthebanks]

Thanks Pat,
That is really helpful information.
On the agreements and court info you mention, i would not have the first clue if that applied to my agreement sent to Niddy some time ago.

Thanks again Pat
Steve

[Still Waving]

Let's step back and look at this in the round.

You say the current approx balance is £1400. You've been acknowledging the debt with your monthly payments, so it would still be 6 years to SB if you stopped now. £1400 is peanuts to AG, and hardly worth their expense and risk if they wanted to take to court (I'm betting that they don't know whether there is an enforceable CCA in existence).

The account was sold to AG in 2012. 10 years on, would MBNA still have the CCA in their records? A SAR to MBNA would establish that, and AG wouldn't know about the SAR request. You would then have a better idea as to whether AG would be able to produce a CCA at court.

You could stop paying while waiting for the SAR bundle from MBNA , and then for a bit longer again, staying silent.

You could then make a low F&F to AG (due to an offer of help from a family member), and if they come back with too high a counter, just continue with the monthly payments. If you were fairly confident that they can't get the CCA, you could stop paying and go silent, and see what they do.

[stuffthebanks]

Thanks for that advice SW, i will go that route with the SAR to MBNA.
If this info isn't available its handy to have this knowledge should i have problems in the future making payments.
Once again ,thank you to all for the excellent help and advice, in spite of my confusing earlier posts

All the best
Steve

[Still Waving]

Thanks for that advice SW, i will go that route with the SAR to MBNA.
If this info isn't available its handy to have this knowledge should i have problems in the future making payments.
Once again ,thank you to all for the excellent help and advice, in spite of my confusing earlier posts

All the best
Steve

I expect The Tech Clerk can post up the text to use for the SAR.

LATE EDIT: I see that TTC has posted the SAR text earlier in this thread.

[Pat]

Thanks Pat,
That is really helpful information.
On the agreements and court info you mention, i would not have the first clue if that applied to my agreement sent to Niddy some time ago.

Thanks again Pat
Steve

If again

So when you sent a CCA request all those years ago, did you ask MBNA or AG for it? If it was MBNA then it is quite possible that it would not have been passed to AG when the account was assigned. They sell 100's of accounts at a time and often with very limited data such as name , address, phone number and details of the amount owed. It really is an outrageous con

If you SAR MBNA, I would not trust that they send you everything they actually have. I know from recent personal experience that some of these companies do not send on everything, it doesn't mean they don't have it. Also there used to be talk that an agreement was not personal data and as far as I know that question was never settled but I am happy to be corrected if someone has a ruling by the courts or ICO.

One last thing- do not for a second think that as the debt is 'only' 1400 AG will ignore it. They might but you see court claims on various forums for much less than that. having said that, if they can not get hold of the CCA or the DN is bad then the claim could be unenforceable. A SAR to MBNA might show if the DN was sent or not- Do you still have all the old documents?

I do think that if you stop making payments you have a better chance of a low F&F than if you write now. Of course if you stop making payments they will up the anti and start calling you.

[Still Waving]

Some years ago when I did a SAR to MBNA after they had sold on two accounts, they supplied a big bundle of stuff, including CCAs and T&Cs, which Niddy opined were good. (These were accounts opened back in the 90's.) Nevertheless the debt purchasers didn't ever manage to get a penny out of me.