Help! Letter before action from Drydensfairfax Sols

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

No. Leave it in. Its up to them to argue that its not past its due date yet. By the time they have argued that it will overdue!!!

Thanks ATW, I have left it in. Help to confuse them a bit and give me some more time.

[PlanB]

Re: Help! Letter before action from Drydensfairfax Sols

Its up to them to argue that its not past its due date yet. By the time they have argued that it will overdue!!!

Were you a midwife in a former life by any chance

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Well the two letters, CCA request and LBA were both signed for on the 26th, but today have received a letter from Drydensfairfax returning my postal order for £1.00 and telling me to request the documents directly from Cabot !

As follows :-

Dear Madam

Our client Cabot Financial Limited
Sum outstanding £1,911.07
Account no xxxxxxxxxxxxxxxxx

We write with reference to the above matter and refer to your correspondence dated 22nd March 2014.

We note your query and your request for a copy of the Consumer Credit Agreement under section 77-79 and return your cheque in the sum of £1.00 which is not required for this request.

Please contact our client Cabot Financial directly to request these documents.

We hope this clarifies your query.

Yours faithfully

Drydensfairfax Solicitors


What so I do now ? Do I write and request the CCA from Cabot ? How can they say that £1.00 is not required for a CCA request ?

Also I haven't received anything about the LBA reply and request for documents.

Any help would be appreciated, many thanks.

[nightwatch]

Re: Help! Letter before action from Drydensfairfax Sols

if Dryens say cabot is their client, then it is up to them to do the running, says so in the request, you could send the CCA to Cabot and wait and see what happens with DF, make sure you file the letter from DF with the envelope and the date received, (should you need it to prove they have played silly boogars)
Cabot returned my £1.00 fee for 2 accounts they had, but still sent the request to the OC, took them over 12 months to send me anything back mind, and then they said it was enforceable in court and would I pay them.
1, was Barclays which had a line that said ''we cannot supply T&C, so until we can, this account is UNENFORCEABLE in court, sent a letter in Nov to cabot pointing this out, they have passed it on,
2, was a sainsburys cc, and all it was was some random T&C, wrote to cabot, again they have passed it on,

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Hi Nightwatch,

Thanks for your reply. They are playing boogers, did they tell you to write to Cabot and then contact them anyway ? Or did they tell you they would write to them ?

I'm wondering as they've told me to write to Cabot, should I include a copy of the letter that Drydensfairfax sent me along with a postal order ? Or Cust the cca request and postal order ? OR no postal order at all as they say they do not require one ?

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

What a turn up for the books, postman just came back with 2 letters that he hasn't delivered earlier.

Cabot Financial written to me :-

Dear Mrs Battendown

Your request for information under the consumer credit act 1974.

Thank you for your request for information under the consumer credit act 1974. Cabot Financial currently does not have this information on file. However we have requested the relevant information under section 77/78/79 of the consumer credit act 1974 from the original lender.

What happens next?
We anticipate that we will be able to provide this information within 40 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

Then it goes on to say about contacting Cabot.

Is it likely Drydensfairfax will take any further a action in this time ?

[Deepie]

Re: Help! Letter before action from Drydensfairfax Sols

I'd sit back and chill if it were me........

[Never-In-Doubt]

Re: Help! Letter before action from Drydensfairfax Sols

Yea see what happens now

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

Thanks Deepie and Niddy will do.

[nightwatch]

Re: Help! Letter before action from Drydensfairfax Sols

with luck it may take as long as mine did and then be a pile of manure

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

with luck it may take as long as mine did and then be a pile of manure

I hope so, that made me laugh !

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

UPDATE

Hi everyone,

I've received an answer to my cca request. I received it at the end of May but I've been unwell so haven't posted earlier.

I've received a recon of my agreement which I'll have to I plaid to Niddy to look at. It's seems ok, but doesn't have the date the agreement commenced, I don't know if it should have this on it
Being a 2008 agreement, I'm hoping that they don't realise that it's not pre 2007. They also say its enforceable.
I'm wondering what to do now, as not being pre 2007 I can't really go down the unenforceable route.

I was wondering if I could bluff them if they didn't know when the agreement began ?

The other thing is that they have sent someone else's agreement to me with mine ! Could I use this as leverage ?

Also I didn't receive anything from my LBA request, is this normal ?

Thank you all for your help

[PlanB]

Re: Help! Letter before action from Drydensfairfax Sols

I've received an answer to my cca request. I received it at the end of May but I've been unwell so haven't posted earlier.
. . . The other thing is that they have sent someone else's agreement to me with mine ! Could I use this as leverage ?

I'm sorry to hear you've been unwell

Sending someone else's agreement to you could well be in breach of the DPA which could stimulate a positive conversation with them! Did your CCA response (and someone else's agreement) come from Cabot or Dryden Fairfax solicitors?

[Battendown]

Re: Help! Letter before action from Drydensfairfax Sols

I'm sorry to hear you've been unwell

Sending someone else's agreement to you could well be in breach of the DPA which could stimulate a positive conversation with them! Did your CCA response (and someone else's agreement) come from Cabot or Dryden Fairfax solicitors?

Hi Plan B, thanks for your kindness.
The Cca was sent from Cabot. Drysdens just passed it back to them when I wrote to them.

[PlanB]

Re: Help! Letter before action from Drydensfairfax Sols

The Cca was sent from Cabot. Drysdens just passed it back to them when I wrote to them.

Sorry to sound daft (I haven't had time to read back through your thread properly) but is this a Sainsbury's credit card account? I ask because I had two Sainsbury's credit card accounts which Cabot eventually acknowledged as duds once I persisted. In my case (and each case is different) Sainsbury's acknowledged that the prescribed terms and Ts & Cs "would have been on the reverse" but also admitted that they had no way of proving this.

Have you sent this recon from Cabot to Niddy to check over?