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Drysden Fairfax

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  • #16
    Re: Drysden Fairfax

    Originally posted by winner12 View Post
    The second letter just asks to get in touch with in 14 days because they hadn't heard from me
    What's the date on that letter and does it say what they'll do if you don't get in touch within 14 days?

    You need to plan your strategy rather than send an instant response if none is required. A lot will depend on answers to questions on your thread

    Treat this situation as a whole new scenario because they will.

    Di

    Comment


    • #17
      Re: Drysden Fairfax

      THanks Diana
      The date is 10th October just states they refer to the above matter respond within 14 days or call our office to discuss the account

      Comment


      • #18
        Re: Drysden Fairfax

        Originally posted by winner12 View Post
        Its for 11 thousand pounds
        Thanks for that information.

        If the solicitors decide to issue proceedings (hopefully not) then a claim for £11k would be allocated to the Fast Track where the rules are stricter on disclosure of documents. Drydens will know that, they're probably hoping you don't.

        I would send that SAR to MBNA asap.

        If you're certain that your your original CCA Request to Arrow was valid (did you include the £1 statutory fee with it?) then you don't need to send another one.

        Keep in mind that illegible Ts & Cs can be remedied by the creditor providing a valid reconstituted version. So whatever happens do not write to Drydens to tell them that (illegible Ts & Cs).

        Di

        Comment


        • #19
          Re: Drysden Fairfax

          Originally posted by winner12 View Post
          THanks Diana
          The date is 10th October just states they refer to the above matter respond within 14 days or call our office to discuss the account
          From what you say there is no threat of legal action, so my personal view is don't invite trouble with any confrontational letter in reply. That can be the quickest way to get a county court summons issued against you.

          They have given you until 24th October to respond. Take your time to think what would be best to say.

          Can you confirm if it was just a letter or did it (or their previous letter) include a copy of the "agreement" which is what you implied in your first post? If so, was there any reference as to why they included it? It's unusual to start the conversation with a copy without saying why?

          Di

          Comment


          • #20
            Re: Drysden Fairfax

            THanks Diana
            I'm amazed it's nearly 7 years ago why they chance their arm in the courts after all this time MBNA didn't Arrow never have despite all the threats nor did Shoosmiths what will a SAR give me then

            Comment


            • #21
              Re: Drysden Fairfax

              Originally posted by winner12 View Post
              THanks Diana
              why they chance their arm in the courts after all this time MBNA didn't Arrow never have despite all the threats nor did Shoosmiths what will a SAR give me then
              If they decide to chance their arm in court it'll be because they will have purchased the debt for a fraction of its face value so 'worth a try' especially since around 87% of county court claims go undefended.

              A SAR will give you the history of the account from Day 1. It should include a copy of the CCA and any reference to when a DN may/may not have been served, when the account was terminated, when it was assigned etc etc.

              This is invaluable information when it comes to checking any reconstituted documents sent by a debt purchaser who may not have access to the same information as you have with your SAR.

              Im not saying any more because I can't give away my firm's 'trade secrets'

              Di

              Comment


              • #22
                Re: Drysden Fairfax

                Winner can you post a copy of DF's minus your name address please.
                nem

                Comment


                • #23
                  Re: Drysden Fairfax

                  HI Nemesis
                  Won't scan to computer for some reason
                  But it just says
                  We refer to the above matter
                  Please find enclosed your consumer credit agreement
                  We trust this clarifies the matter and look forward to receiving your reasonable proposals for payment within 14 days
                  This is the first I had ever heard from Drysden that's why I ignored it

                  Comment


                  • #24
                    Re: Drysden Fairfax

                    Originally posted by winner12 View Post
                    But it just says
                    We refer to the above matter
                    Please find enclosed your consumer credit agreement
                    We trust this clarifies the matter and look forward to receiving your reasonable proposals for payment within 14 days
                    This is the first I had ever heard from Drysden that's why I ignored it
                    So no mention or threat of legal proceedings then

                    From what you say Arrow remains in default of your CCA Request so keepimg schtum may be the way forward. I wouldn't say anything that makes them try harder to comply.

                    Get that SAR Request to MBNA in the post pronto so you're one step ahead of the game. A SAR can take up to 40 days to respond so the sooner you do it the better.

                    Di

                    Comment


                    • #25
                      Re: Drysden Fairfax

                      Originally posted by winner12 View Post
                      HI Nemesis
                      Won't scan to computer for some reason
                      But it just says
                      We refer to the above matter
                      Please find enclosed your consumer credit agreement
                      We trust this clarifies the matter and look forward to receiving your reasonable proposals for payment within 14 days
                      This is the first I had ever heard from Drysden that's why I ignored it
                      OK Winner clearly from what you say the " agreement " supplied does not comply in any way with the CCA request my feeling is still to send the letter, and I am convinced that they have the complete file on this from Arrow Global.

                      Did you actually send a CCA request to Drydens? If so how long did it take them to respond?

                      nem

                      Comment


                      • #26
                        Re: Drysden Fairfax

                        HI Nem
                        No never sent a CCA to drysden this is out of the blue never dealt with them before the last solicitors chasing were Shoosmiths a couple of years ago think it's a bit suspicious

                        Comment


                        • #27
                          Re: Drysden Fairfax

                          Originally posted by winner12 View Post
                          HI Nem
                          No never sent a CCA to drysden this is out of the blue never dealt with them before the last solicitors chasing were Shoosmiths a couple of years ago think it's a bit suspicious
                          Thought as much Winner AG have passed the complete file to DF with the same crap documents, this used happen quite a lot a while ago it was thought it was intended to make alleged debts think the collection activity was escalated to a higher level.

                          Time to knock em out I think.

                          nem

                          Comment


                          • #28
                            Re: Drysden Fairfax

                            Thanks again Nem for all your help would the SAR show any documents I would need was once told the CCA is seperate issue and won't be in the SAR

                            Comment


                            • #29
                              Re: Drysden Fairfax

                              Originally posted by winner12 View Post
                              Thanks again Nem for all your help would the SAR show any documents I would need was once told the CCA is seperate issue and won't be in the SAR
                              Hi winner,

                              The DPA and SAR's in regard to agreements is somewhat vague, many creditors will not send agreements as they claim that the content is generic,
                              all customers for a particular financial product at a specified time, but my thought is this can only apply to T's & C's the agreement having your personal data should be supplied so if sending the SAR specify the complete agreement.
                              You can also send the creditor a CCA request + £1 just to ensure they send all.
                              nem

                              Comment


                              • #30
                                Re: Drysden Fairfax

                                Well had a reply this morning from drysden

                                asking why my claim that the agreement is invalid and not regulated by the CCA 1974 to enable them to investigate further if not fulfilled by 18th November instructions are to proceed against me

                                Comment

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