Please help! received Court Claim from DrydensFairfax

[monica32]

Hello all,
I hope someone will be able to help with this. I have received Court Claim from DrydensFairfax for Adams Card.Account has been opened in 2006.Due to financial difficulties I have stopped paying last year. Account has been passed on to Drydensfairfax. Drydens has been sending letters with asking to fill in income and expenditure form to avoid further action. I have sent SAR to Adams.Received statements and there was plenty of late payment fees ans over-limit fees applied to that account. I have started process of claiming those charges back from Adams, and sent letter to Drydens informing them account is in dispute with original creditor, couple of days later court claim arrived. I have not received letter before action or anything indicating they are intending to apply for ccj. I admit I owe part of the money but not all. Please advise what I should do.
Particulars of Claim:
The claimants claim for monies due from Defendant under a Adams Credit Card Agreement (''the agreement'') number ......
issued on 03/04/2006 regulated by the Consumer Credit Act 1974 ( ''the Act'').
The Defendant breached the Agreement by failing to maintain payments in accordance with the Agreement and and was served with a Notice under Section 87(1) of the Act.
The Defendant has failed to comply with the Default Notice and the Claimant claims the sum of 1,157.13 together with interest at rate of 39.90% per annum in accordance with agreement on the sum due from 31/03/2014 to 25/06/2014 totalling 110.05 and continuing until Judgement or payment at the daily rate of 1.26492
total sum claimed 1,417.18
amount claimed 1267.18
court fee 70
solicitors cost 80

Please advise how I should deal with this. I do not really want CCJ and can Dca issue claim if account is in dispute or no letter before action has been sent?

Thank you for all advise.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Can anyone please advise me on this. All help is much appreciated.
Thank you

[Kafka]

Re: Please help! received Court Claim from DrydensFairfax

What are your grounds for saying that the account is in dispute?

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello,
Dispute is over amount original creditor claim I owe. They have applied plenty of late payment fees and over limit fees. Just few days after I have issued complaint against OC Drydens applied for CCJ. No warning letter has been received from Drydens informing me they are going to start
legal action.
I have sent CCA request to Sygma still no reply tough.

All help much appreciated as always.

[Kafka]

Re: Please help! received Court Claim from DrydensFairfax

The fact there are charges doesn't put the account into legal dispute. That happens if they fail to comply with any legal procedures such as not responding to a CCA request. If they didn't send a LBA that's another point to defend on, but that doesn't put the account into formal dispute either.

I presume the account isn't statute barred as you haven't raised this?

You also have a right now to send a CPR31:14 request to DF to require them to disclose all the documents they mention in the POC, so you should do that immediately. You could send another CCA request to the owner, who is presumably a DCA that you haven't identified?

The SAR should have revealed to you what they hold and the DCA can only get the data from the original creditor, so by doing that you should have a lot of valuable data already. What did the SAR produce for agreement, default process and assignment process? You should have enough already to frame a defence, even though you do need to send the statutory requests.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thank you Kafka.
There is credit card agreement which looks like aplication form with my signature at the bottom.Acount was opened in 2006. Account is in defoult since last year. No letter of assigment. I will send CPR31:14 first thing tommorow morning. I will also scan agreement I have received.
Thank you again for all advise.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello,
I have sent CPR 31:14 this morning.attached is CCA I have received from Sygma.
Thanks for all advise.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello will anyone please have a look at that cca for me.
thank you in advance

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

Hello,
I have sent CPR 31:14 this morning.attached is CCA I have received from Sygma.
Thanks for all advise.

Is that all they have sent you ? No terms and conditions with it ?

Also how readable is the text in the actual document ?

Can you see if it refers to terms and conditions overleaf, or in accompanying booket etc, or if there's obviously any terms missing or referred to in other terms that aren't in that document ....

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thank you Anethyst for looking at it for me.That is all they have provided. No terms and condition just this poor copy of aplication form. I cant even read it as the letters are so small. What do you think of it?

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

If it is illegible then it is unenforceable ( http://legalbeagles.info/hillesden-s...bt-collection/ and http://legalbeagles.info/cabot-finan...-county-court/ and Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 Reg 2 2 Legibility of notices and copy documents and wording of prescribed Forms

Also that it doesn't have all the terms and conditions that form the agreement - Consumer Credit Act 1974


78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

If it is illegible then it is unenforceable ( http://legalbeagles.info/hillesden-s...bt-collection/ and http://legalbeagles.info/cabot-finan...-county-court/ and Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 Reg 2 2 Legibility of notices and copy documents and wording of prescribed Forms

Also that it doesn't have all the terms and conditions that form the agreement - Consumer Credit Act 1974


78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

Thank you do much Amethyst. Should I send them letter that they have not complied?

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Hello guys,
Should I base my defence on the fact thst they have provided illegible CCA and ask for the case to be struck? Or is it worth writting to Drydens first expalining that CCA is unenforceable?
Any thouths on this please?
Thank you

[Amethyst]

Re: Please help! received Court Claim from DrydensFairfax

What date is your defence due by?

Did you acknowledge the claim ?


But yes respond to Sygma (not Drydens - Sygma are the creditor and they sent the CCA) pointing out that the agreement is illegible. I wouldn't go too technical on them, just a thanks for sending me a response to my request, unfortunately I am unable to read it as it's illegible, and there don't appear to be all the terms and conditions of the account with it. As you are aware this is now the subject of a court claim therefore a speedy response would be appreciated. - something like that, just to show you have received an illegible application and have asked them for more info. Helps for later when we do the defence.

[monica32]

Re: Please help! received Court Claim from DrydensFairfax

Thank you Amethyst.
Claim acknowledged online. Defence due date is 28th of July.
I will post letter to Sygma today.
Also no response to my CPR 31:14 yet I will send remainder as well.