Drydensfairfax Ongoing Saga!!

[Spellkaster]

I got this letter today from Drydensfairfax.

They are still wanting money for their client Max Recoveries.

Under Section 87 of the CCA 1974 still refusing to supply me with copy of original default notice, the notice of assignment they provided is NOT valid on numerous grounds.

Copy of credit agreement provided was too small to be read and thus ineligible.

Why can't they just leave me alone and stop asking me for money when they can't prove the debt!?

I provided a detailed income and expenditure showing I am unable to make a payment, no response to this at all.

I've really had enough!!

Bloody cheek telling me they have put account on hold for 14 days so I can make a payment to their client!!

I've had enough!!

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

I am sure I have said this before but by constantly engaging with them you are only encouraging them to keep writing.

They have all but admitted the agreement is illegible

The other points are really not valid at the moment as you are talking about bars to enforcement and writing to you is not enforcement

My advice should yopu want to take it is
Stop engaging with them

If you want to take it further go to the FOS but there is a time limit from the date of their final response

[Onestepatatime]

Re: Drydensfairfax Ongoing Saga!!

Usually 6 months I believe.
Interesting what they have said regard NOA?? Not my understanding of NOA sounds as though they have confused with DOA?

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

I am sure I have said this before but by constantly engaging with them you are only encouraging them to keep writing.

They have all but admitted the agreement is illegible

The other points are really not valid at the moment as you are talking about bars to enforcement and writing to you is not enforcement

My advice should yopu want to take it is
Stop engaging with them

If you want to take it further go to the FOS but there is a time limit from the date of their final response

I didn't engage with them they wrote to me.

They are asking for money constantly.

- - - Updated - - -

Usually 6 months I believe.
Interesting what they have said regard NOA?? Not my understanding of NOA sounds as though they have confused with DOA?

The CSA have said the NOA is an office template as its not addressed to anyone and wasn't sent to me via registered post.

Under the law and property act 1925 section 195 such notices are supposed to be addressed to the debtor and sent registered post.

Mine is not address and no account number, and was sent via email.

Its not valid to say the least.

[Onestepatatime]

Re: Drydensfairfax Ongoing Saga!!

Perhaps they'd be as well to have a read and understand the laws they are trying to work with?

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

The letter to you covered points that you had raised so you clearly are engaging with them, In fact you emailed them 4th August

I know the LPA says how NOAs are supposed to be sent but for a start, registered post does not exist any more and also the interpretations act ( I think) covers postage and says unless you can prove to the contrary , proof that it was posted is enough.
I am confident a lawyer would have picked it up and run with it if the sending of a NOA was defectice- I have had more than I care to admit.

Again for enforcement just proof that a NOA was sent is enough or so it seems.

Are you sure you never received one or they didn't send one to your last known address

When you say they are asking for money constantly - how often and what method ? What do you do when you receive a letter/email/phonecall ?

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

The letter to you covered points that you had raised so you clearly are engaging with them, In fact you emailed them 4th August

I know the LPA says how NOAs are supposed to be sent but for a start, registered post does not exist any more and also the interpretations act ( I think) covers postage and says unless you can prove to the contrary , proof that it was posted is enough.
I am confident a lawyer would have picked it up and run with it if the sending of a NOA was defectice- I have had more than I care to admit.

Again for enforcement just proof that a NOA was sent is enough or so it seems.

Are you sure you never received one or they didn't send one to your last known address

When you say they are asking for money constantly - how often and what method ? What do you do when you receive a letter/email/phonecall ?

They asked me for money for their client last year on the 11th March 2016, and again in this letter.

They are aware I am on benefits and do not have £931.

My other concern is that they have ignored my benefit letter, and ignored the income and expenditure.

The CSA are going to be asking this and asking why they still hassle me for money when they know there is none available.

The CSA have said its interesting the NOA is an office template, and because it has no address, name or identifying account number, it can't be used.

They emailed me the NOA on the 4th July 2017. I've never seen it before until then.

They have always known my address so have no excuse.

The CSA have said that they will demand their member remove the default from my credit file because they have refused to supply me with a copy of the default notice under section 87.

Without providing me with a copy of the default notice, they cannot issue proceedings.

Another question I want to ask is; what will happen if it transpires that the account had NOT default at the time it was sold on.

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

I didn't engage with them they wrote to me.

They are asking for money constantly.
.

They asked me for money for their client last year on the 11th March 2016, and again in this letter.

They are aware I am on benefits and do not have £931.

My other concern is that they have ignored my benefit letter, and ignored the income and expenditure.

The CSA are going to be asking this and asking why they still hassle me for money when they know there is none available.

I have to say that two letters in 18 months can not be called constant in anyones book

I also think you are confusing the recording of a default on a credit file with the issuing of a Default Notice under S87(1) CCA. They are two different thiings

The final part of the question, well if no DN was issued or a non compliant one was issued it is probably that they could not enforce in court but at the same time they might be able to reissue a compliant one - see Harrison v Link

I may have misinterpreted what i read on the FCA website but it does say that Max recoveries can

Exercising/having right to exercise lender's rights and duties under a regulated credit agreement

What exactly did the CSA say- I have found it is very unusual for the CSA to demand anything, they often stick up for their members at at best 'suggest'

One final point, they may be asking you for more money because they may believe there is a greater household income than you are letting on. In some posts you talk about your partner and in other posts you talk about your husband- I care not which it is but certainly for means tested benefits combined household income is taken into account, I also know of many younger men who refer to their girlfriends as 'the Mrs' and I refer to my long term partner as my OH. A persons Living arrangements are non of my business- I am just maybe trying to look at things from their perspective.

I also do not think they are asking for all the money now just a repayment plan but I strongly believe that you should be able to make an informed choice and if you believe it can not be enforced then why pay. I do however, think it is a basic error for you to tell them every mistake they may have made because then they can put them right - potentially reissue a compliant DN , send a compliant NOA etc

I do know if it was me in your position and the debt was mine alone I would only tell them my income.

I do think as I have said before, you really are over thinking this and potentially just prolonging the pain. Since I stopped communicating with my creditors they have almost all gone very quiet with the odd letter maybe every 12 months which I just stick in the filing cabinet

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

I have to say that two letters in 18 months can not be called constant in anyones book

I also think you are confusing the recording of a default on a credit file with the issuing of a Default Notice under S87(1) CCA. They are two different thiings

The final part of the question, well if no DN was issued or a non compliant one was issued it is probably that they could not enforce in court but at the same time they might be able to reissue a compliant one - see Harrison v Link

I may have misinterpreted what i read on the FCA website but it does say that Max recoveries can


What exactly did the CSA say- I have found it is very unusual for the CSA to demand anything, they often stick up for their members at at best 'suggest'

One final point, they may be asking you for more money because they may believe there is a greater houshold income than you are letting on. In some posts you talk about your partner and in other posts you talk about your husband- I care not which it is but certainly for means tested benefits combined household income is taken into account,

I do know if it was me in your position and the debt was mine alone I would only tell them my income.

I do think as I have said before, you really are over thinking this and potentially just prolonging the pain. Since I stopped communicating with my creditors they have almost all gone very quiet with the odd letter maybe every 12 months which I just stick in the filing cabinet

The debt is in my name only, my partner and I are not financially linked, and I only provided them with my income and expenditure, and the esa benefit letter is in my name only.

The CSA have been very helpful in my case.

They are questioning their member as to why they are not supply me with the default notice under Sections 87-89 of the CCA, why have they ignored my income and expenditure, other questions are being raised.

The CSA have said to me without providing me with the default notice they will demand their member remove the default off my credit file.

Because Drydens have not complied under the initial 28 days for a response, they will be questioned in this too.

The CSA will be advising Drydens not to start proceedings because of the lack of default notice, they are going to advise Drydens that I have contacted MBNA for the default notice.

I have also been told that I have the right to complain directly to mbna as to why the account was sold on without it being defaulted.

I under for an sar it takes 40 days.

I found them very help TBH.

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

Yes a SAR can take up to 40 days and costs £10 but it is unlikely to produce a copy of any DN just a log entry as to when ( if it was) a DN was sent.

As I said, a DN under S87(1) is not the same as recording a default on a credit file.

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

Yes a SAR can take up to 40 days and costs £10 but it is unlikely to produce a copy of any DN just a log entry as to when ( if it was) a DN was sent.

As I said, a DN under S87(1) is not the same as recording a default on a credit file.

So what can I ask for then regarding the reporting on my credit file?

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

So what can I ask for then regarding the reporting on my credit file?

That it is honest and accurate and you have siad you are not paying therefore it is as far as i can see.

Was this debt included in your IVA? If so I imagine the default date will be around 2012 in which case it will fall off next year ( after 6 years).

I believe if a court declares a debt irredeemably unenforceable then you can get the default removed but that is not a route I would recommend

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

That it is honest and accurate and you have siad you are not paying therefore it is as far as i can see.

Was this debt included in your IVA? If so I imagine the default date will be around 2012 in which case it will fall off next year ( after 6 years).

I believe if a court declares a debt irredeemably unenforceable then you can get the default removed but that is not a route I would recommend

Yes, the debt was included in an IVA which has since failed as I couldn't afford the payments.

The default should drop off on the 3rd August 2018.

[Spellkaster]

Re: Drydensfairfax Ongoing Saga!!

Another question I have regarding Drydens is this.

They provided me with a copy of the executed agreement.

The issue here is that the agreement is too small to be read properly and thus ineligible.

Drydens are saying that they cannot give me an enhanced copy.

Does this therefore make the agreement uneofrceable as it can't be read properly being too small!?

[warwick65]

Re: Drydensfairfax Ongoing Saga!!

It may mean that it fails S78 assuming you made a formal S78 request and not just a request for the agreement.

Only a judge can state that with certainty.

As for is it being unenforceable , well i really wouldn't like to say as again that is for a judge

They are probably both arguments you could try if they brought a claim against you