2002 Cahoot\Santander flexi loan

[Joanna Connolly Solicitors]

HI Di, it was assigned to Drydensfairfax solicitors and I got a letter about 3 weeks ago asking me to contact them to arrange an affordable payment plan. I sent a letter to them advising that I dispute that I owe the money and sent a SAR to Santander about a week ago.

Are Drydens just another DCA or is this a sign that they are heading towards county court?

Due to the amount of interest hikes on the account (6.9% to 22%) I am specifically looking for the letters advising of these interest hikes in the SAR, as that is the main reason for my dispute.

Hello Andy

Drydens Fairfax are a law firm who also double as a DCA (Debt Collection Agent). It won't have been assigned (i.e. sold) to them.

I would be more open minded about the potential for this debt to be unenforceable. There can be other reasons apart from the credit agreement which you have been told looks enforceable.

You say you were defaulted in 2010, so did you receive a compliant Default Notice prior to that if applicable?

Last year you made a complaint to Santander, about interest rate hikes, which wasn't upheld - no surprises there. You didn't escalate your complaint to the FOS so now you will be out of time (you had six months from the Final Response to do that).

You say you stopped paying the debt last year, so when (what date) was that exactly as the countdown to Statute Barred begins?

Post on the forum when you hear again from DrydensFairfax but I wouldn't engage in a long conversation with the firm since it may simply give them information which could strengthen their case if they decide to issue legal proceedings against you.

If they intend to issue a county court claim they must send you a formal Letter of Claim giving you 30 days to reply (or not) before they can take things further. If that happens then let me know.

Less is more when dealing with debt issues.

Di

[troytess]

Thanks Di,

I have had a letter today from Drydens advising account on hold whilst they look into my dispute ( I didn't actually say what my dispute was, just that I disputed that I owed it) and one from Santander acknowledging my SAR request. I guess it's just a wait and see what comes in the SAR.

[Joanna Connolly Solicitors]

Thanks Di,

I have had a letter today from Drydens advising account on hold whilst they look into my dispute ( I didn't actually say what my dispute was, just that I disputed that I owed it) and one from Santander acknowledging my SAR request.

Here's a link to a very old thread on this forum (2011) where the member successfully reclaimed £3.5k of interest on one of these loans. Like I say, it's very old so not necessarily reliable > https://all-about-debt.co.uk/forum/m...xi-loans/page3

Meanwhile don't engage with Drydens unless you receive a Letter of Claim when you should probably engage with me instead

Di

[troytess]

Hi Di,

I have just got my Sar back and there is no default notice included and no copies of comms regarding interest changes. (which I specifically asked for in my SAR). Not sure on next step now, as there is no default on my credit file and I cant remember either way whether I did or didn't ever receive one.

[troytess]

I am considering writing to Drydenfairfax to advise that I have received my SAR and that there was no copy of my default notice nor any record of one being sent. Also that there was no evidence of any correspondence regarding interest rate changes neither. My agreement states that they have to give me 2 months notice of interest changes.

I will probably ask if these have been missed from my SAR, in which case I will be making a formal complaint, or whether they do not exist, in which case I continue to dispute that I owe the money. What do you think?

[The Tech Clerk]

do not remind them at this point - can be a useful tool in any proceeding later they know the rules

[The Tech Clerk]

I am considering writing to Drydenfairfax to advise that I have received my SAR and that there was no copy of my default notice nor any record of one being sent. Also that there was no evidence of any correspondence regarding interest rate changes neither. My agreement states that they have to give me 2 months notice of interest changes.

I will probably ask if these have been missed from my SAR, in which case I will be making a formal complaint, or whether they do not exist, in which case I continue to dispute that I owe the money. What do you think?

Read #18 above do not contact at this point

[troytess]

Ok Thanks

[Joanna Connolly Solicitors]

I am considering writing to Drydenfairfax to advise that I have received my SAR and that there was no copy of my default notice nor any record of one being sent. Also that there was no evidence of any correspondence regarding interest rate changes neither. My agreement states that they have to give me 2 months notice of interest changes.

I will probably ask if these have been missed from my SAR, in which case I will be making a formal complaint, or whether they do not exist, in which case I continue to dispute that I owe the money. What do you think?

Hello

Lawyers have a saying which goes "we don't litigate by correspondence".

I think it would be unwise of you to give any information to Drydens which may have the potential to damage your chances of success if they issue a claim.

Don't give them anything to work with which might only encourage them to give it a try if they feel you are challenging them. They can issue a claim at the click of a mouse. Litigation solicitors like to litigate.

Unless I've misunderstood there has been no threat of legal proceedings so far. If you receive a formal Letter of Claim you can review the situation then.

I would definitely not make a formal complaint about documents missing from your SAR. You don't want Santander to find them or 'amend' the data they have on you. Especially the absence of any compliant Default Notice being served if/when appropriate.

Sometimes the absence of information is even better than the presence of information.

Di

[troytess]

Thanks for the advice both. I will hold on and see what happens next.