Start of my diary

[Colin G Quinn]

Hi,

I see I have been quoted/tagged in. Would you like me to take a look at the Claim Form you have received? If so, my email address is in the legal disclaimer below.

[Strepsi]

Hi Strepsi,

That is good news.

It may not stop them issuing a Claim. However, the letter you have received needs to be guarded as, if they do issue, you have concrete evidence they have issued a Claim which is completely without merit.

If they don't have any agreement how can they possibly have considered the merits of any potential action and satisfied themselves that any alleged agreement is enforceable?

Furthermore, the Court of Appeal has held that absent evidence of service and expiry of a compliant Default Notice a Claim cannot succeed, and a consumer has an unanswerable right to apply for the said Claim to be dismissed. That Court of Appeal Judgment is binding on all Court's below.

If they issue you are basically pushing on an open door.

I'd suggest filing the letter away in a safe place and remaining silent.

They should actually have written to you to advise any alleged debt is unenforceable.

Claim has been issued against me. Just received letter from Northampton.

[The Tech Clerk]

only one postal order required the other is only copy for info to drydens.

[Strepsi]

I think you will feel more relaxed if you send the CCA Request sooner rather than later. So send it to Arrow now with a copy to Drydens who may take a step back while their client attempts to comply.

I sense you want to avoid a Letter of Claim if you can. If they do send one you can cross that bridge when you get to it.

Di

I have taken your advice, both requests are in enveloples ready to be sent tomorrow along with postal orders. One to Drydens and one to Arrow.

We will see how we get on.

[The Tech Clerk]

CCA get proof postings and keep copies on file

[PlanB]

When Drydens contacted before relating to another HSBC account, I received two letters, one the same as this the second a LBC. I aren't sure whether it is a glass half full approach, more an expectation.

With regards CCA, the tactic I used before was to send one to both Drydens and one to Arrow. Would I be correct in assuming that I would send CCA part way through the response time for the LBC and ticking box D?

I think you will feel more relaxed if you send the CCA Request sooner rather than later. So send it to Arrow now with a copy to Drydens who may take a step back while their client attempts to comply.

I sense you want to avoid a Letter of Claim if you can. If they do send one you can cross that bridge when you get to it.

Di

[Timewilltell]

Sounds like a plan too me.

[Strepsi]

Oh good, it's not a Letter of Claim.

What does it say they'll do if you don't reply/pay up next week?

I hate the way debt purchasers use solicitors to collect debt knowing that the headed notepaper will scare the living daylights out of the poor debtor. I see that as bullying.

I also hate the way the solicitors set a deadline for response to their letters so as to pile on the pressure hoping you'll buckle under from fear of legal proceedings being issued, when in a lot of cases they haven't even checked to see if they have the required paperwork to proceed.

I know you suspect you will get a Letter of Claim next week, but try and adopt a glass half full not half empty approach.

And even if you do (although I suspect there will be a few more letters from Drydens before that happens) then post on here for suggestions on how to manage the situation.

Sending a CCA Request might be the next step but don't rush into that yet - you're trying to bide time until this gets to Statute Barred in a few months.

Di

What does it say they'll do if you don't reply/pay up next week?
It reads
"We are solicitors instructed by our client Arrow Global Ltd, to obtain payment of the amount due of £1000.00 or take appropriate recovery action should you fail to pay...by the 6th August.

When Drydens contacted before relating to another HSBC account, I received two letters, one the same as this the second a LBC. I aren't sure whether it is a glass half full approach, more an expectation.

With regards CCA, the tactic I used before was to send one to both Drydens and one to Arrow. Would I be correct in assuming that I would send CCA part way through the response time for the LBC and ticking box D?

[PlanB]

It's a Hello letter, giving me until 1st week of August, then I suspect I will getting an LBC.

It does include an I and E form though.

Oh good, it's not a Letter of Claim.

What does it say they'll do if you don't reply/pay up next week?

I hate the way debt purchasers use solicitors to collect debt knowing that the headed notepaper will scare the living daylights out of the poor debtor. I see that as bullying.

I also hate the way the solicitors set a deadline for response to their letters so as to pile on the pressure hoping you'll buckle under from fear of legal proceedings being issued, when in a lot of cases they haven't even checked to see if they have the required paperwork to proceed.

I know you suspect you will get a Letter of Claim next week, but try and adopt a glass half full not half empty approach.

And even if you do (although I suspect there will be a few more letters from Drydens before that happens) then post on here for suggestions on how to manage the situation.

Sending a CCA Request might be the next step but don't rush into that yet - you're trying to bide time until this gets to Statute Barred in a few months.

Di

[Strepsi]

That was quick!

I wonder whether it is a Letter of Claim or just an introductory letter from Drydens.

Does it include a Reply Form with Boxes A, B, C or D to tick? And is there an I & E Form also attached?

If it is a Letter of Claim it should make that clear and give you 30 days to reply.

Di

It's a Hello letter, giving me until 1st week of August, then I suspect I will getting an LBC.

It does include an I and E form though.

[PlanB]

received what looks like an LBC from Dryden's, but doesn't have that written into message.

So the question when should I CCA Arrow and Dryden's?

That was quick!

I wonder whether it is a Letter of Claim or just an introductory letter from Drydens.

Does it include a Reply Form with Boxes A, B, C or D to tick? And is there an I & E Form also attached?

If it is a Letter of Claim it should make that clear and give you 30 days to reply.

Di

[Strepsi]

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

Wait for Drydens to write to you and then decide what to do next to filibuster your way to SB.

Your post prompted me to look back to the very beginning of your Diary where you listed a total of 25 debts between you and your wife in 2016. So it seems all of those have the potential to go SB next February too.

I can see how hard you've fought since joining the forum (and I can see I've been posting on this thread since the beginning ) and now you're almost free. There have been a couple of blips along the way but the overall success is a triumph and a testimony to the AAD forum way of managing the situation spread over 831 posts.

Here's a post made by Niddy in 2017 which basically sets out the way it works. Nothing has really changed since then - it still works!




Di

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

The default has dropped off my file, according to Experian.

The letters have become less frequent. As a result there should be less post's. Shame as I was trying to set an unbreakable record!

Anyway, received what looks like an LBC from Dryden's, but doesn't have that written into message.

So the question when should I CCA Arrow and Dryden's?

I am trying to work out at what point I can start beginning to celebrate (if that is the correct word?).

And at what point we will be able to start to think about moving on with our life, for example move house, make house bigger via mortgage or remortgage. You feel like your life (or part of) is on hold!

There are a few accounts (dca's)that aren't even attempting to chase (get more threatening) or even some OC's that have assigned to DCA. Does that make sense?

[PlanB]

The last payment I made to this account want February 2016.

In which case this debt may become Statute Barred early next year depending on the default date etc because it was an overdraft.

Wait for Drydens to write to you and then decide what to do next to filibuster your way to SB.

Your post prompted me to look back to the very beginning of your Diary where you listed a total of 25 debts between you and your wife in 2016. So it seems all of those have the potential to go SB next February too.

I can see how hard you've fought since joining the forum (and I can see I've been posting on this thread since the beginning ) and now you're almost free. There have been a couple of blips along the way but the overall success is a triumph and a testimony to the AAD forum way of managing the situation spread over 831 posts.

Here's a post made by Niddy in 2017 which basically sets out the way it works. Nothing has really changed since then - it still works!

Re: Start of my diary

Because by just ignoring them they *could* start proceedings. However, under the Act (CCA1974) if they're in default of a valid & lawful s.77-79 request (ie you paid the £1 statutory fee whilst making a formal request) the Judge is not entitled by the Act to enforce the agreement so by sending the AAD version of Sold in Dispute / Missing PT's templates, you're informing the current owner / new owner (DCA) that there's a problem, that they're in default & best - that whilst they remain in default you consider the agreement unenforceable.

What you aren't doing is telling them what is wrong, so they remedy the breach and fulfil the request bringing it out of a default position. Never give up your ace card if you have one. If you're blagging it for SB then sit tight, the more it moves around the more risk of things going missing.

In essence this paper trail would assist you if a claim were to be issued.

Di

[Timewilltell]

Deleted as I’d read incorrectly.

[Timewilltell]

I had an account or two that was passed from Arrow to DF and too be honest soon batted them away with a cca request, not heard from them since?