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DrydensFairfax - CCA request response - telling me to sign in to view the agreement

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  • DrydensFairfax - CCA request response - telling me to sign in to view the agreement

    Hi there,

    Been dealing with a long term debt from the late 2000s which was being managed with token payments grandfathered in from back in the day,

    Arrow global pull some fast ones switching account numbers and such so managed to get into a position to start having Drydensfairfax start to bug me to renegotiate the agreement,

    DrydensFairfax returned the £1 payment i provided in the letter and said they would request the details, their response arrived a little while ago. In the latter they say they have the agreement but:

    "Due to the Covid-19 situation, we are unable to send a hard copy to you at this time"

    they then proceed to state:

    "We can provide you with this information in their customer portal, simply log into the account <link to their site> and the request documents will available to view in the inbox"

    follows with details on how to register etc etc and says itll be there for 30 days.


    My understanding is they need to provide a full hard copy of the agreement, does this count as a valid method to provide these documents? I have avoided formally putting my name to any agreements on any of my longer term debts (over 10 years) due to the circumstances of setting up the token payments, nor have i ever signed up to any of the different creditors websites,

    DydensFairfax are the first to become a pain and start chasing me up for updated financing information/threaten ccj etc, which is why i decided to request the CCA at this time. I could do with some advise on how they are trying to present this information.

    Can i compel them to send a hard copy or argue the debt isn't enforceable if they don't show me a copy? asking me to sign into their service to view it digitally doesn't seem like a hard copy of the agreement to my understanding.

    if that is the case can i argue they haven't shown me evidence of the CCA so therefore the debt as it stands is now unenforceable?
    Any advise is helpful and i am grateful.
    Tags: None

  • #2
    Just write back with a follow up letter, stating that they still haven't complied with you CCA request unde the CCA 1974 Act so as such are in breach.

    Then update the thread, no doubt they will send more 'nonsense'.

    https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

    Comment


    • #3
      Hi, Sorry for my late reply and thank you for your advice, I will reply with the above and see what they do next.

      they seem obsessed with trying to get me to sign into their website.

      I will update the thread once i get a reply. thank you again!

      Comment


      • #4
        Just a general update on this.

        I sent a response stating they hadn't complied with the request, I'm waiting for an acknowledgement/response still.

        Comment


        • #5
          Hi There,

          Another update, After a little while with no word, they responded by sending a new letter treating this like a new request to arrange a payment agreement on the account, Stating its a "Letter of Claim sent in accordance with a Pre-Action Protocol for Debt Claims" and all the initial documentation regarding responding and settling or providing a payment plan etc.

          Oddly they provided a list of recent payments to the associated account also, but not Credit Agreement with the letter I can see, almost like the recent payments into the account are meant to be the proof of the credit arrangement or something? I find it weird they could print that but not the proof of the CCA they last referenced. Not really sure why they have done that,

          enclosed is the response form with a bunch of check box options if i want o pay in full or part payment, payment plan or if i dispute the debt, if i do for what reason. I feel this is a ploy to play me into their system, I believe regardless of what i reply as long as i reply they have to respond and provide time to respond etc rather then initiate court proceedings, am I correct? (by that I mean instead of using their check box list and terminology, sending a formal reply the way i have so far will result in the same time of response (30 days further for them to respond and provide the information i request?)

          Can anyone advise the best next step? I have given them time and responded to their previous statement as previously advised (that they have not honored the agreement to sent me a copy of the CCA. The closest to that was asking me to sign up to their portal and view something, using COVID as an excuse to get me to go through their website)

          Shall I send a follow up letter advising they have not complied with my CCA request, its been a number of months now so if they haven't sent me a printed document showing me the CCA, then is it OK for me to state the debt is statue barred since they haven't complied after all the time? or something along these lines?

          again thank you in advise for the advice and support so far, anymore is greatly appreciated!

          Comment


          • #6
            Originally posted by CACheckreq66 View Post
            Hi There,

            Another update, After a little while with no word, they responded by sending a new letter treating this like a new request to arrange a payment agreement on the account, Stating its a "Letter of Claim sent in accordance with a Pre-Action Protocol for Debt Claims" and all the initial documentation regarding responding and settling or providing a payment plan etc.

            Oddly they provided a list of recent payments to the associated account also, but not Credit Agreement with the letter I can see, almost like the recent payments into the account are meant to be the proof of the credit arrangement or something? I find it weird they could print that but not the proof of the CCA they last referenced. Not really sure why they have done that,

            enclosed is the response form with a bunch of check box options if i want o pay in full or part payment, payment plan or if i dispute the debt, if i do for what reason. I feel this is a ploy to play me into their system, I believe regardless of what i reply as long as i reply they have to respond and provide time to respond etc rather then initiate court proceedings, am I correct? (by that I mean instead of using their check box list and terminology, sending a formal reply the way i have so far will result in the same time of response (30 days further for them to respond and provide the information i request?)

            Can anyone advise the best next step? I have given them time and responded to their previous statement as previously advised (that they have not honored the agreement to sent me a copy of the CCA. The closest to that was asking me to sign up to their portal and view something, using COVID as an excuse to get me to go through their website)

            Shall I send a follow up letter advising they have not complied with my CCA request, its been a number of months now so if they haven't sent me a printed document showing me the CCA, then is it OK for me to state the debt is statue barred since they haven't complied after all the time? or something along these lines?

            again thank you in advise for the advice and support so far, anymore is greatly appreciated!
            Write to them again, state that they have not complied with your request, as such the agreement is 'unenforceable'.

            Explain that they are breaching FCA's Guidance on CCA's and you are minded to lodge a formal complaint with the FCA and the FOS as per your treatment in this matter.


            https://www.handbook.fca.org.uk/hand...ate=2016-03-07

            Comment


            • #7
              Hi there,

              Following up on this I received a claim form from the county court business center relating to this from Arrow global via drydensfairfax this morning.

              They didn't seem to reply or acknowledged receiving my response letter again advising them they haven't complied with the request for the Credit agreement (see original post for how they ha originally responded to that.

              It says I have 14 days to respond, can you advise on how best to respond to this?

              Comment


              • #8
                claim form or letter before action?

                Comment


                • #9
                  do not chase CCA if you requested one they have a problem they can start proceedings to freighten you but have to produce one or go away later no talking to them unless advised on here.

                  Comment


                  • #10
                    Originally posted by CACheckreq66 View Post
                    Hi there,

                    Following up on this I received a claim form from the county court business center relating to this from Arrow global via drydensfairfax this morning.

                    They didn't seem to reply or acknowledged receiving my response letter again advising them they haven't complied with the request for the Credit agreement (see original post for how they ha originally responded to that.

                    It says I have 14 days to respond, can you advise on how best to respond to this?
                    Hopefully you can use their previous non compliance in your defence.

                    Fill in the requested information, copy and paste back onto this thread, without personal info / ref numbers.


                    Received a claim? Yes/No:
                    Issue Date:
                    Have you Acknowledged the Claim?:
                    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
                    Claimant’s Name:
                    Solicitors Firm:
                    Original Creditor:
                    Original Debt (eg. Credit card/Loan/Overdraft) :
                    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
                    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
                    List any letters you have sent (eg: CCA/ CPR ):
                    Any Other Information or Background Details:

                    You need to Acknowledge Service within the first 14 days, that can be done online, that gives you 14 + 14 days, so that 28 days plus 5 for postage.

                    https://legalbeagles.info/library/gu...ledge-a-claim/


                    a) Send a CCA to DrydensFairfax, they have 12 days to respond (keep an eye on that). Make sure you get Proof of Postage

                    https://legalbeagles.info/library/gu...etter-example/

                    b) Send a 31.14 request to DrydensFairfax, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

                    https://legalbeagles.info/library/gu...-of-documents/

                    c) You could also send a SAR to the original creditor, they have 30 days to provide all the data on the accounts, make sure you get Proof of Postage.

                    https://legalbeagles.info/library/gu...ccess-request/

                    Work out the date your defence (post an update on the thread one week before it's due) has to be lodged with the Court and the creditors solicitor, note it in the diary, do not forget.

                    Comment


                    • #11
                      duplicated
                      Last edited by CACheckreq66; 19th August 2022, 12:54:PM. Reason: forgot to quote the last person.

                      Comment


                      • #12
                        Originally posted by echat11 View Post

                        Hopefully you can use their previous non compliance in your defence.

                        Fill in the requested information, copy and paste back onto this thread, without personal info / ref numbers.


                        Received a claim? Yes/No:
                        Issue Date:
                        Have you Acknowledged the Claim?:
                        Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
                        Claimant’s Name:
                        Solicitors Firm:
                        Original Creditor:
                        Original Debt (eg. Credit card/Loan/Overdraft) :
                        Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
                        Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
                        List any letters you have sent (eg: CCA/ CPR ):
                        Any Other Information or Background Details:
                        Hi thank you for your super quick reply. I have calmed down again.

                        please see below for the info requested

                        Received a claim? Yes
                        Issue Date: 6/7/22
                        Have you Acknowledged the Claim?: I responded advising that I they hadn't complied with my request for the CCA (see previous post above for more info on that)

                        Total Amount Claimed : £2000

                        Claimant’s Name: Arrow Global

                        Solicitors Firm: Drydens Limited

                        Original Creditor: Santander

                        Original Debt (Credit Card (I think)

                        Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
                        1.The claim is for the sum of £2000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Santander under account XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments.

                        2. A default notice was served upon the defendant and has not been complied with.

                        3. The balance owed was assigned from Santander to the claimant and the defendant has been notified of the assignment by letter.
                        Contact drydensfairfax solicitors on 0113 823 3418


                        Is the debt Statute Barred I have had contact with them over the last 6 years token payments have been running since 2009, so no?

                        List any letters you have sent: CCA and follow ups when a copy was not sent in the post (see original post in this thread for full details)

                        Any Other Information or Background Details: I had been giving token payments until they (arrow/drydens) adjusted something on their end, which triggered them asking for a payment plan review. I followed up asking for the CCA since i had forgotten the particulars and it had been son long since it was all set up (after taking advice from this forum,)

                        They responded after more then a few months in may stating i can sign into their site to see some kind of proof, and said they couldn't send a physical copy because of covid, (which was over at that point) took advise here regarding thins and chased for them to comply and provide me a physical copy of the cca which they ignored. then I got this claim on the 6/07/22 as if we never spoke before and showed token payments as previous payments. and asked for a response. I responded after taking advice asking them to provide the CCA to me.

                        (i had stopped the token payments while waiting for the cca after they initially responded and had not provided it, maybe this is the default they are referring to?)

                        Comment


                        • #13
                          Originally posted by CACheckreq66 View Post

                          Hi thank you for your super quick reply. I have calmed down again.

                          please see below for the info requested

                          Received a claim? Yes
                          Issue Date: 6/7/22
                          Have you Acknowledged the Claim?: I responded advising that I they hadn't complied with my request for the CCA (see previous post above for more info on that)

                          Total Amount Claimed : £2000

                          Claimant’s Name: Arrow Global

                          Solicitors Firm: Drydens Limited

                          Original Creditor: Santander

                          Original Debt (Credit Card (I think)

                          Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
                          1.The claim is for the sum of £2000 in respect of monies owing by the defendant on a credit agreement held by the defendant with Santander under account XXXXXXXXXXXXXXXX upon which the defendant failed to maintain payments.

                          2. A default notice was served upon the defendant and has not been complied with.

                          3. The balance owed was assigned from Santander to the claimant and the defendant has been notified of the assignment by letter.
                          Contact drydensfairfax solicitors on 0113 823 3418


                          Is the debt Statute Barred I have had contact with them over the last 6 years token payments have been running since 2009, so no?

                          List any letters you have sent: CCA and follow ups when a copy was not sent in the post (see original post in this thread for full details)

                          Any Other Information or Background Details: I had been giving token payments until they (arrow/drydens) adjusted something on their end, which triggered them asking for a payment plan review. I followed up asking for the CCA since i had forgotten the particulars and it had been son long since it was all set up (after taking advice from this forum,)

                          They responded after more then a few months in may stating i can sign into their site to see some kind of proof, and said they couldn't send a physical copy because of covid, (which was over at that point) took advise here regarding thins and chased for them to comply and provide me a physical copy of the cca which they ignored. then I got this claim on the 6/07/22 as if we never spoke before and showed token payments as previous payments. and asked for a response. I responded after taking advice asking them to provide the CCA to me.

                          (i had stopped the token payments while waiting for the cca after they initially responded and had not provided it, maybe this is the default they are referring to?)
                          You now need to action the points in post (10), don't forget to Acknowledge Service, you are Defending all of the claim.

                          Comment


                          • #14
                            I have gone through all this, I found the Beagles NO CCA NO CLAIM They rely on you not knowing, took me to Court, in my case set aside, no proof end of.

                            Comment


                            • #15
                              Originally posted by DE DOGS View Post
                              I have gone through all this, I found the Beagles NO CCA NO CLAIM They rely on you not knowing, took me to Court, in my case set aside, no proof end of.
                              Hi There,

                              Thank you for taking the time to read and post, I am preparing and sending the CCA request (Again) today along with the 31.14 and SAR also.

                              Hopefully it wil be cleared up as ignoring my requests and having no CCA actually available.

                              They did say they had something but wanted me to sign up and sign into their website to view it, blaming COVID for not being able to send it, but could send me a printed letter without issue. I don't know if that is normal or if it covers their original CCA requirement, but it seems odd to me to not just print out whatever it is and send it with the letter, right?

                              I wonder if this has been sent to others when they recently asked for a CCA from drydens?

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
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                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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