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  • #16
    Hi, as expected i got letter yesterday from Farfaxdryden............been instructed,..... options to repay, want and i&E, within 7 days or may begin formal legal action.
    Am i correct in assuming my first port of call is to ask for CCA to establish what it is i owe and to who ?

    Comment


    • #17
      Personally I’d write back to them advising that by their own admission their client is not the acting creditor under statute law and are also not legally registered or recognised by the FCA so have no authority in contacting you.


      but that’s just me. I found that once they knew that you knew the law they slip silently away, sometimes they need a couple of body blows but they eventually disappeared?

      maybe others will have a different approach.

      Comment


      • #18
        Originally posted by marylikes View Post
        Hi, as expected i got letter yesterday from Farfaxdryden............been instructed,..... options to repay, want and i&E, within 7 days or may begin formal legal action.
        Am i correct in assuming my first port of call is to ask for CCA to establish what it is i owe and to who ?
        See
        Originally posted by Colin G Quinn View Post
        Hi,

        And wow. An unauthorised party explicitly admitting in open correspondence that they are not the creditor as defined by the law? You need to keep that letter very safe.

        I haven't seen the alleged agreement and so cannot speak to it.

        However, given the prospective claimant is not authorised, and given the glaring admission made in the redacted letter you have posted, everything is unenforceable in the Court.
        First they would have to send you a Letter Before Claim (LBC) before proceeding!
        So this is just an opening introduction letter.
        I would wait and see what they send next!
        When and or if they were to send a LBC then would be the time to talk to Colin G Quinn
        the initial interview is free and refering back to your diary.
        Tactic's are important AND also NOT showing them your hand. No point in engaging in legal ping pong!
        You are close , I suspect , to getting shot of this Debt!

        Comment


        • #19
          Thanks, i'm just nervous of getting a Court letter, these debts i had are quite old now. I didn't pay attention a few years ago and i'm paying a Tomlin order to Lloyds so didn't want to get caught out again. I'll see if i can get them to establish the debt first ? That should be ok, then go from there ? I'm fine dealing with them (i think) but i just wanna go baby steps for now....? There may be a chance they have no CCA for this ?

          Comment


          • #20
            Roger how do you determine the OP is close to getting shot of debt when payments have been made up until this year? The only real method to get shot if not SB is to tackle head on when/if court papers arrive or by showing them you know the law in terms of their compliance? Of course you can leave it to the legals straight off the bat or you could see if they’ll back off first? Yes some would say that this is riskier but I have to be honest and say that having gone through years of torment from these scoundrels to having the confidence to throw some basic legal issues back at them, all so far have run away without the need for legal bills? Of course there may be the odd one that requires the legal support at some stage but AGG and DF have been shown to shy away from legal battles, probably because they know they are bluffing, now potentially in the Op’s case here with payments having been made until recently I appreciate there is a long way to go for SB route so perhaps some early caution may be wise, however I suspect that AGG obtaining a judgement, unless by default, would be very difficult, particularly with the assistance of JCS should the time come.

            I think sometimes in this world we need to stand up to the bullies ourselves and only use backup/assistance if we need too?

            Comment


            • #21
              Originally posted by Timewilltell View Post
              Roger how do you determine the OP is close to getting shot of debt when payments have been made up until this year? The only real method to get shot if not SB is to tackle head on when/if court papers arrive or by showing them you know the law in terms of their compliance? Of course you can leave it to the legals straight off the bat or you could see if they’ll back off first? Yes some would say that this is riskier but I have to be honest and say that having gone through years of torment from these scoundrels to having the confidence to throw some basic legal issues back at them, all so far have run away without the need for legal bills? Of course there may be the odd one that requires the legal support at some stage but AGG and DF have been shown to shy away from legal battles, probably because they know they are bluffing, now potentially in the Op’s case here with payments having been made until recently I appreciate there is a long way to go for SB route so perhaps some early caution may be wise, however I suspect that AGG obtaining a judgement, unless by default, would be very difficult, particularly with the assistance of JCS should the time come.

              I think sometimes in this world we need to stand up to the bullies ourselves and only use backup/assistance if we need too?
              Well their whole strategy is to engage with the Debtor and there is many a slip between cup and lip.
              I made some stupid mistakes before coming to AAD. Not least engaging in legal ping pong!
              What was once considered the norm for AAD isn't the Case today!
              Tactics and a Well Maintained Diary!!
              Plus the opportunity to a initial free interview with a Lawyer bang up to date with the LAW!

              Out smart the Bully!

              Comment


              • #22
                Just to be clear.......... i can ask Drdnsfrfax for a credit agreement and what this relates too ? Because i've been with Arrw Global, AIC, Capquest and maybe more..............

                Comment


                • #23
                  Originally posted by marylikes View Post
                  Just to be clear.......... i can ask Drdnsfrfax for a credit agreement and what this relates too ? Because i've been with Arrw Global, AIC, Capquest and maybe more..............
                  But https://all-about-debt.co.uk/forum/d...87#post1545187

                  As you can see by arrow global's letter they don't have the Right!! Do they!!
                  Global Arrow can't pass an good Authority on to any of these because Global Arrow by their own admission don't have the Authority!
                  They can't by their own admission respond to your S.78 CCA request!

                  Or other CCA Statutary Notices!!

                  This is the point here about waiting to see what if any they do next! Because by their own admission they don't have the Authority to SUE do they?
                  Last edited by Roger; 15 June 2022, 18:55.

                  Comment


                  • #24
                    If you have asked once for the agreement via a cca request do not, at this point ask again. They are in default and it is UE until they do.

                    As for the letter, we’ll this has been a template long used by AG. It has been going on for years, I think I may have one or two ?. Personally my accounts with AG ( not AG Guernsey ) died and became time barred.

                    Comment


                    • #25
                      Ok drydens turned up the screw with a pre action letter today. Ive answered them, made an offer of less than i was paying Capquest. Said a few other things as regards their clients elegibility to make a legal claim, or rather ...enforce the debt through a court. Lets see what that brings me.

                      Comment


                      • #26
                        This pre action letter, did it give you a box to tick to say you were defending the claim? It should have contained several pages with tick boxes?
                        have you already returned it?
                        it would have been wise to post here before responding. Sometimes their letters aren’t what they first appear and are designed to get a response from you when perhaps one isn’t really necessary or appropriate, but by doing so you may have acknowledged the debt and reset the SB clock?

                        Comment


                        • #27
                          Originally posted by marylikes View Post
                          Ok drydens turned up the screw with a pre action letter today. Ive answered them, made an offer of less than i was paying Capquest. Said a few other things as regards their clients elegibility to make a legal claim, or rather ...enforce the debt through a court. Lets see what that brings me.
                          always ask on here before action like you taken, you give away possible action in the future, you give them ammunition to fleece you, as they can see you do not have real facts and their threatograms are working as you panick?
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment


                          • #28
                            Originally posted by The Tech Clerk View Post

                            always ask on here before action like you taken, you give away possible action in the future, you give them ammunition to fleece you, as they can see you do not have real facts and their threatograms are working as you panick?
                            THANK YOU The Tech Clerk
                            marylikes you joined AAD Nov 2013 and I suggest by now would have been well rid of your DEBTS if perhaps you had listened. First rule DONT engage in legal letter PING PONG!

                            I am well shot of my all of my DEBTS following the AAD way!

                            Comment


                            • #29
                              Hi , thanks for replies. I have been paying this for many years. I havn't missed a payment. Why it has been transferred from Capquest to Dynfrfax i've no idea. Here is what they sent me:

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                              • #30
                                Originally posted by Timewilltell View Post
                                This pre action letter, did it give you a box to tick to say you were defending the claim? It should have contained several pages with tick boxes?
                                have you already returned it?
                                it would have been wise to post here before responding. Sometimes their letters aren’t what they first appear and are designed to get a response from you when perhaps one isn’t really necessary or appropriate, but by doing so you may have acknowledged the debt and reset the SB clock?
                                Here is the form. I have never denied the debt, i have always paid it. I have not filled in their form, i have just made an affordable offer to them.

                                Click image for larger version

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