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  • #1

    Help! Letter before action from Drydensfairfax Sols

    Hi
    If just received what I believe to be. LBA and I don't know what to do. I have to respond before 27th March. Details as follows :-

    Drydensfairfax Solicitors/ Cabot Financial/ Fire

    Type of account (credit card/loan).... CREDIT CARD

    Date commenced (ideally before Apr 2007)..... 2008 !!


    Approx balance..... £2,000

    Date last paid (approximate date you last made a FULL payment)....December 2010

    Are you on arrangement or not paying....NOT PAYING

    Status (default/in arrears/up-to-date)..... DEFAULTED

    Account owner (who is writing to you, a DCA or the lender) .....DRYDENSFAIRFAX SOLICITORS /CABOT FINANCIAL/FIRE




    Received a LETTER BEFORE ACTION dated 13th March 2014 buy only received it on Saturday 22nd.
    We are instructed by Cabot Financial (UK) Limited to whom you are indebted in the above sum.
    Despite reminders sent by our client, you have failed to make a payment.

    Please contact us as a matter of urgency to discuss repayment of this debt. If you are unable to make a payment in full, then we may be able to agree an affordable repayment arrangement with you. Please contact us before 27th MARCH 2014 to prevent further action being taken.

    If you do not contact us, our client may instruct us to issue legal proceedings and seek a County Court Judgement against you, which will affect your credit rating.

    Pursuant to the CIVIL PROCEDURE RULES PRACTICE DIRECTION FOR PRE-ACTION CONDUCT, you should note the following :-

    1. If we issue a claim the claimant will be Cabot Financial (UK) Limited and it's address is 1 Kings Hill Avenue Kings Hill West Malling Kent ME19 4UA.

    2. The claim will be for the outstanding balance which is due at tr time of issue and represents monies due under an unpaid credit agreement.

    3. In addition to the balance outstanding under this account we will also seek legal costs which will increase the debt.

    4. If we obtain a County Court Judgement against you and it remains unpaid, we may apply to the court to enforce the judgement by one of the following methods depending on your circumstances :-

    Then it goes in to say about charging orders, attatchment of earnings, warrants and Bailiffs.

    Then it says ..
    Please contact us within the next 14 days to discuss this matter and reach agreement without the need for further action. If you need more time, please contact us.

    Then it goes on to say how to pay and a out advice and assistance.

    We look forward to hearing from you before 27th March 2014.


    I only contact I have had is my last payment in Dec 2010. Please how shall I respond to this ? Many thanks.
    Battendown (the hatches) as we're in for a stormy ride !!

    I'm steering the good ship Battendown through a severe bout of physical turbulence !!
    Tags: 2nd, account, action, advice, andrew, apr, arrangement, bailiffs, cabot, card, cca, cca request, charges, charging orders, claim, con, county, court, credit, credit agreement, credit card, date, dca, debt, default, default notice, defaulted, drydensfairfax, email, fees, financial, help, interest, legal, letter, letters, list, loan, owed, rules, size, solicitors, text
  • #2
    Re: Help! Letter before action from Drydensfairfax Sols

    Bump!!
    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

    • #3
      Re: Help! Letter before action from Drydensfairfax Sols

      http://forums.all-about-debt.co.uk/s...516#post166516

      M1

      Comment

      • #4
        Re: Help! Letter before action from Drydensfairfax Sols

        Hi, and thanks for your reply Mystery. I've read that, but too be honest it's gone over my head. I need help in writing a rely to the LBA.

        I can't go the UE route with this debt as its 2008. I need to send them a letter tomorrow so it reaches them on the 27th.
        Battendown (the hatches) as we're in for a stormy ride !!

        I'm steering the good ship Battendown through a severe bout of physical turbulence !!

        Comment

        • #5
          Re: Help! Letter before action from Drydensfairfax Sols

          I take it you mean statute barred rather than UE ?

          Do you have any reason to dispute the debt ? In your mind given what you know who owns the debt ? Have you sent £1 for a copy of your agreement and if so have the replied and what with ? Are you looking to defend or settle ?

          At a minimum you'll be asking for documents.

          M1

          Comment

          • #6
            Re: Help! Letter before action from Drydensfairfax Sols

            Hi

            we have our own LBA that I'll link you to later
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #7
              Re: Help! Letter before action from Drydensfairfax Sols

              Originally posted by mystery1 View Post
              I take it you mean statute barred rather than UE ?

              Do you have any reason to dispute the debt ? In your mind given what you know who owns the debt ? Have you sent £1 for a copy of your agreement and if so have the replied and what with ? Are you looking to defend or settle ?

              At a minimum you'll be asking for documents.

              M1
              Hi Mystery, I'd like to get it to statute barred, just another 2 year 9 months to go !
              I cannot go ue as its 2008 credit card, not pre April 2007.

              I can't afford to pay it, I'm disabled and don't work. Also their paperwork I don't think is up to scratch.
              No I haven't sent a cca request as I e been burying my head in the sand and hasn't heard from the. For a while.
              Battendown (the hatches) as we're in for a stormy ride !!

              I'm steering the good ship Battendown through a severe bout of physical turbulence !!

              Comment

              • #8
                Re: Help! Letter before action from Drydensfairfax Sols

                Originally posted by Never-In-Doubt View Post
                Hi

                we have our own LBA that I'll link you to later
                Hi Niddy that would be fantastic, thank you.
                Battendown (the hatches) as we're in for a stormy ride !!

                I'm steering the good ship Battendown through a severe bout of physical turbulence !!

                Comment

                • #9
                  Re: Help! Letter before action from Drydensfairfax Sols

                  Originally posted by Never-In-Doubt View Post
                  we have our own LBA that I'll link you to later
                  Do you mean this one:

                  http://forums.all-about-debt.co.uk/s...l=1#post364681

                  Battendown don't send that letter ^^^^ until you get the heads up from Niddy. If it is the right one you'll need to tweak it a bit (e.g s.78 for a credit card not s.77).

                  You've got until Thursday 27th to get your reply back to them. Do you have access to a fax machine in case Royal Mail let you down? I tend to do both if I'm close to a deadline.

                  Comment

                  • #10
                    Re: Help! Letter before action from Drydensfairfax Sols

                    Originally posted by PlanB View Post
                    Do you mean this one:

                    http://forums.all-about-debt.co.uk/s...l=1#post364681

                    Battendown don't send that letter ^^^^ until you get the heads up from Niddy. If it is the right one you'll need to tweak it a bit (e.g s.78 for a credit card not s.77).

                    You've got until Thursday 27th to get your reply back to them. Do you have access to a fax machine in case Royal Mail let you down? I tend to do both if I'm close to a deadline.
                    Hi PlanB,
                    Yes I have a fax machine so I would be able to fax a letter to them. Shall I wait until Niddy tells me what to write ? To be honest I don't know enough to be able to tweak it ! A lot of it goes above my head, probably that's why my heads been in the sand for so long as I don't know how to deal with it.
                    Battendown (the hatches) as we're in for a stormy ride !!

                    I'm steering the good ship Battendown through a severe bout of physical turbulence !!

                    Comment

                    • #11
                      Re: Help! Letter before action from Drydensfairfax Sols

                      Originally posted by Battendown View Post
                      Hi PlanB,
                      Yes I have a fax machine so I would be able to fax a letter to them. Shall I wait until Niddy tells me what to write ?
                      Yes, wait for Niddy to tell you exactly which letter to send. I was second-guessing him so I could be wrong

                      Comment

                      • #12
                        Re: Help! Letter before action from Drydensfairfax Sols

                        Also should I send them a cca request ? or is it too late for that ? Or because its post 2007 ie 2008 it won't help me.
                        Many thanks
                        Battendown (the hatches) as we're in for a stormy ride !!

                        I'm steering the good ship Battendown through a severe bout of physical turbulence !!

                        Comment

                        • #13
                          Re: Help! Letter before action from Drydensfairfax Sols

                          Originally posted by PlanB View Post
                          Yes, wait for Niddy to tell you exactly which letter to send. I was second-guessing him so I could be wrong
                          Thanks PlanB
                          Battendown (the hatches) as we're in for a stormy ride !!

                          I'm steering the good ship Battendown through a severe bout of physical turbulence !!

                          Comment

                          • #14
                            Re: Help! Letter before action from Drydensfairfax Sols

                            Originally posted by Battendown View Post
                            Also should I send them a cca request ? or is it too late for that ? Or because its post 2007 ie 2008 it won't help me.
                            The real question is do they know it's post April 2007 ? The debt will have been purchased with minimal information. Who was the original creditor - I don't recognise the name "Fire", or am I being silly?

                            Sometimes we suggest sending a CCA request to buy you time to deal with it.

                            See what others have to say.

                            Comment

                            • #15
                              Re: Help! Letter before action from Drydensfairfax Sols

                              The LBA reply posted above needs surgery for this case as a cca request has not been sent.

                              I would send a cca request immediately. The opening date of the account has no bearing on this

                              M1

                              Comment

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