Dryden Limited- Help Needed

[Malcolm02]

Hello,

On Friday, my mum received a county court claim form in the post which I have attached. This is the 1st we're hearing about such a debt and I say we because I am in charge of her clearscore & Noddle account where I regularly check her credit file to make sure nothing is amiss and everything is up to date. This so called debt to Halifax is not in either place. The letter just says she owes Halifax money and she has no knowledge of this. I have just registered on moneyclaim and acknowledged service with intention to defend full claim. I have read online that I can send a proof it letter but what else can I do apart from this.

Please, any advice will be appreciated.

[Malcolm02]

I found the CCA &CPR template and have completed both which shall be posted out today

[Amethyst]

Yip acknowledge the claim with intent to defend in full, the cca and cpr responses ( if any ) should help - I would also get your mum to send a Subject Access Request to Halifax- https://legalbeagles.info/library/gu...ccess-request/

quite a large amount for something she has no recollection of and doesn't appear on any credit file ... could be a tracing error ... but see what the letters come back with.

keep the defence date in mind though as you must file a defence regardless of what the claimants reply with ( or fail to reply with ). 33 days from the date of issue is the deadline .

[Malcolm02]

Yip acknowledge the claim with intent to defend in full, the cca and cpr responses ( if any ) should help - I would also get your mum to send a Subject Access Request to Halifax- https://legalbeagles.info/library/gu...ccess-request/

quite a large amount for something she has no recollection of and doesn't appear on any credit file ... could be a tracing error ... but see what the letters come back with.

keep the defence date in mind though as you must file a defence regardless of what the claimants reply with ( or fail to reply with ). 33 days from the date of issue is the deadline .

Hello and thank you for your response. I still havent't had a reply back to my CCA & CPR request even though both were delivered by special delivery on 20th March. Does this perhaps mean they realised they made a mistake?

[Amethyst]

Nahh, they're just slow You have until the 11th April for your defence? Here's an example for if you still hear nothing - Example Defence

although you will want to amend it to deny the debt entirely and tell the court that the Defendant does not recognise the debt at all, would recall such a large sum, has checked credit files and nothing appears and suggest it may be a mistaken identity or an ID fraud of some kind.

Did she do a SAR to Halifax ? If not, do one now. Subject Access Request Letter

11. How to get a copy of your personal information

This section tells you where to write to us to get a copy of your personal information, and how to ask for a digital file you can use yourself or share easily with others. You can do this online or by writing to us.

You can get a copy of all the personal information we hold about you by filling in this form or by writing to us at this address:

Halifax DSAR Team
Charlton Place (C42)
Andover
Hampshire
SP10 1RE

[Malcolm02]

This came in the post yesterday, does that mean the defence now has to be filed by 10th May? Will the court know about this? I don't want to assume anything and miss the defence deadline. Yes, an SAR has now been sent to Halifax

[Malcolm02]

Nahh, they're just slow You have until the 11th April for your defence? Here's an example for if you still hear nothing - Example Defence

although you will want to amend it to deny the debt entirely and tell the court that the Defendant does not recognise the debt at all, would recall such a large sum, has checked credit files and nothing appears and suggest it may be a mistaken identity or an ID fraud of some kind.

Did she do a SAR to Halifax ? If not, do one now. Subject Access Request Letter

Could you please advice me on the best course of action on my last post. Thanks

[Amethyst]

https://legalbeagles.info/forums/for...filing-defence

you need to inform court - once that's done yes you don't need the file your defence until the end of the extension ( so add 28 days to your original defence date )

[Malcolm02]

https://legalbeagles.info/forums/for...filing-defence

you need to inform court - once that's done yes you don't need the file your defence until the end of the extension ( so add 28 days to your original defence date )

I have been so swamped with work that i am only now just seeing this as i had a reminder on my phone to enter defence today. Good thing i did that as tomorrow is the 32nd day, so i will have to call the court tomorrow to make them aware of the extension. Thank you

[Malcolm02]

Could you please advice me on the best course of action on my last post. Thanks

I have called the court this morning and they said my mum has until 13th April to file a defence. They don't seem to be aware of the 28days extension and cannot extend the deadline on their system. They said the claimant can request judgement after the 13th but if they've agreed to an extension, then that is between us & them.

[Amethyst]

That's correct Although you should have informed the court in writing to comply with the CPR, so that if they do accidentally ask for a default judgment you can have it set aside easily as an error.

You don't HAVE to wait to file your defence though, if you're going to be worrying for 28 days, you can get the defence filed - just saying no documents and that you may need to amend later - have a read anyway Example Defence

There are extra things you will want to say - ie that the debt is denied, that there is nothing on the credit file, that you have no recollection of any debt owed to halifax or bank of scotland at all and the claimant has provided no information to assist you find out what it is. You can also mention you have spoken to Halifax / sent a SAR to them to try find out what it could be directly but haven't yet had a response.

Have a draft and feel free to post on here.

[Malcolm02]

That's correct Although you should have informed the court in writing to comply with the CPR, so that if they do accidentally ask for a default judgment you can have it set aside easily as an error.

You don't HAVE to wait to file your defence though, if you're going to be worrying for 28 days, you can get the defence filed - just saying no documents and that you may need to amend later - have a read anyway Example Defence

There are extra things you will want to say - ie that the debt is denied, that there is nothing on the credit file, that you have no recollection of any debt owed to halifax or bank of scotland at all and the claimant has provided no information to assist you find out what it is. You can also mention you have spoken to Halifax / sent a SAR to them to try find out what it could be directly but haven't yet had a response.

Have a draft and feel free to post on here.

Here's what I've got as defence, please advice if it is ok

In the [County Court Business Centre]
Claim No: [XXXXX]
[Arrow Global Limited]
Arrow Global Limited
And
[Defendants Name]
Defendant

DEFENCE
1.The Defendant received the claim [Claim Number] from the County Court Business Centre on 15^th March 2019.

2.Each and every allegation in the Claimants statement of case is denied. There is nothing on the credit file that shows any money owed to Halifax/Arrow Global Limited.

3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has entered into an agreement with Halifax/Bank of Scotland for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fails to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Bank of Scotland to Arrow Global Limited and has failed to state when the account was assigned. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Halifax/Bank of Scotland served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 19^th of March 2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydens Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Drydens Limited has not sent any of these documents to the Defendant.

11. An SAR was sent to Halifax/Bank of Scotland on 2^nd April 2019 but haven’t yet had a response.

12.On the 19^th March 2019 The Defendant sent a formal request for a copy of the original agreement to Arrow Global Limited pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

14.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________
Dated ________________________________

[chareosS]

i would certainly send a SAR to the original creditor for this, asap

[Malcolm02]

That's correct Although you should have informed the court in writing to comply with the CPR, so that if they do accidentally ask for a default judgment you can have it set aside easily as an error.

You don't HAVE to wait to file your defence though, if you're going to be worrying for 28 days, you can get the defence filed - just saying no documents and that you may need to amend later - have a read anyway Example Defence

There are extra things you will want to say - ie that the debt is denied, that there is nothing on the credit file, that you have no recollection of any debt owed to halifax or bank of scotland at all and the claimant has provided no information to assist you find out what it is. You can also mention you have spoken to Halifax / sent a SAR to them to try find out what it could be directly but haven't yet had a response.

Have a draft and feel free to post on here.

Could you take a look at my draft please so I can submit it today

[Malcolm02]

i would certainly send a SAR to the original creditor for this, asap

Already sent