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

[CACheckreq66]

You now need to action the points in post (10), don't forget to Acknowledge Service, you are Defending all of the claim.

Hi,

I am preparing to send the various letters specified, i have the CCA ready as i requested this before

the 31.14 request specifies the documents mentioned in the particulars, I believe I have identified all the particulars, but as i have also mentioned this in the post above can someone confirm I have identified all the documents before i go ahead and send these off via record delivery?

these are what i have identified in my 31.14 request:

1. Credit agreement
2. Default Notice
3. Assignment by letter

Have I messed anything out?

thank you all so much for your help with this issue, I hope this can be put to bed after all this is over.

[echat11]

Hi,

I am preparing to send the various letters specified, i have the CCA ready as i requested this before

the 31.14 request specifies the documents mentioned in the particulars, I believe I have identified all the particulars, but as i have also mentioned this in the post above can someone confirm I have identified all the documents before i go ahead and send these off via record delivery?

these are what i have identified in my 31.14 request:

1. Credit agreement
2. Default Notice
3. Assignment by letter

Have I messed anything out?

thank you all so much for your help with this issue, I hope this can be put to bed after all this is over.

1, 2, 3 need to be requested. What I would say is that your time lines are off. You have a certain time to do things as per CPR. The 1, 2, 3 should have been requested prior to filing your Defence.

[CACheckreq66]

1, 2, 3 need to be requested. What I would say is that your time lines are off. You have a certain time to do things as per CPR. The 1, 2, 3 should have been requested prior to filing your Defence.

Hi, again thank so much for the quick reply.

Currently I have only acknowledged the claim to give me time per the original advice last week (when i received the letter of claim and then asked here for advice,) I have stated I will be intending to defend the claim in the acknowledgement. if i understand that's 28 days (plus 5 for postage)

I should have the extra time to request these, correct? I don't think I have started submitting a defense yet but please advise If I have understood this wrong?

I will print and send my 31.14 and CCA requests today,


On a side note:. if I send the letters through royal mail and get them to collect the letters using the request a collection option, does this services email updates and digital receipts constitute a proof of postage?

I am not very able bodied at the moment, so I request collections using this service currently, the postage is all done and paid for and i print the stamp and tape it too the letter.

I get emails advising the letter is received and when it is delivered via email when using this, Previously I wanted to get the "proof of postage" form signed that gets printed with these postage services stamped by the postman collecting the letters, but he said the email update counts as proof of postage? Though I would check if that would count before i use it otherwise will get someone to send it for me and get the proof of postage from the local post office instead.

[echat11]

Hi, again thank so much for the quick reply.

Currently I have only acknowledged the claim to give me time per the original advice last week (when i received the letter of claim and then asked here for advice,) I have stated I will be intending to defend the claim in the acknowledgement. if i understand that's 28 days (plus 5 for postage)

I should have the extra time to request these, correct? I don't think I have started submitting a defense yet but please advise If I have understood this wrong?

I will print and send my 31.14 and CCA requests today,


On a side note:. if I send the letters through royal mail and get them to collect the letters using the request a collection option, does this services email updates and digital receipts constitute a proof of postage?

I am not very able bodied at the moment, so I request collections using this service currently, the postage is all done and paid for and i print the stamp and tape it too the letter.

I get emails advising the letter is received and when it is delivered via email when using this, Previously I wanted to get the "proof of postage" form signed that gets printed with these postage services stamped by the postman collecting the letters, but he said the email update counts as proof of postage? Though I would check if that would count before i use it otherwise will get someone to send it for me and get the proof of postage from the local post office instead.

a) Currently I have only acknowledged the claim to give me time per the original advice last week (when i received the letter of claim and then asked here for advice,) I have stated I will be intending to defend the claim in the acknowledgement. if i understand that's 28 days (plus 5 for postage)

The issue date is 6/7, so you have to acknowledge within 14 days of the issue date. That then gives you a further 14 days plus 5 days postal to lodge you Defence..

b) I should have the extra time to request these, correct? I don't think I have started submitting a defense yet but please advise If I have understood this wrong?

As answered in (a).

c) I will print and send my 31.14 and CCA requests today,

Good.

d) On a side note:. if I send the letters through royal mail and get them to collect the letters using the request a collection option, does this services email updates and digital receipts constitute a proof of postage?

Yes.

e) I am not very able bodied at the moment, so I request collections using this service currently, the postage is all done and paid for and i print the stamp and tape it too the letter.

As long as you have proof that it's been collected.

f) I get emails advising the letter is received and when it is delivered via email when using this, Previously I wanted to get the "proof of postage" form signed that gets printed with these postage services stamped by the postman collecting the letters, but he said the email update counts as proof of postage? Though I would check if that would count before i use it otherwise will get someone to send it for me and get the proof of postage from the local post office instead.

It's o.k.

Phone the Court, find out the current status of the claim.

You need to get your defence in, you can amend the example defence. Like today. You can file it online via MCOL.

https://legalbeagles.info/library/gu...-court-claims/

[CACheckreq66]

a) Currently I have only acknowledged the claim to give me time per the original advice last week (when i received the letter of claim and then asked here for advice,) I have stated I will be intending to defend the claim in the acknowledgement. if i understand that's 28 days (plus 5 for postage)

The issue date is 6/7, so you have to acknowledge within 14 days of the issue date. That then gives you a further 14 days plus 5 days postal to lodge you Defence..

b) I should have the extra time to request these, correct? I don't think I have started submitting a defense yet but please advise If I have understood this wrong?

As answered in (a).

c) I will print and send my 31.14 and CCA requests today,

Good.

d) On a side note:. if I send the letters through royal mail and get them to collect the letters using the request a collection option, does this services email updates and digital receipts constitute a proof of postage?

Yes.

e) I am not very able bodied at the moment, so I request collections using this service currently, the postage is all done and paid for and i print the stamp and tape it too the letter.

As long as you have proof that it's been collected.

f) I get emails advising the letter is received and when it is delivered via email when using this, Previously I wanted to get the "proof of postage" form signed that gets printed with these postage services stamped by the postman collecting the letters, but he said the email update counts as proof of postage? Though I would check if that would count before i use it otherwise will get someone to send it for me and get the proof of postage from the local post office instead.

It's o.k.

Phone the Court, find out the current status of the claim.

You need to get your defence in, you can amend the example defence. Like today. You can file it online via MCOL.

https://legalbeagles.info/library/gu...-court-claims/

Hey there,

Thanks so much again, I have the letters printed and collection is schedule for tomorrow (earliest royal mail will collect)

Just to confirm about me needing to file a defense, I only got the claim form letter on 19/08/22 dated 18/08/22 and acknowledged stating i intend to defend the claim in the acknowledgment online, does that mean i have until the end of the 14+14 days? you mentioned needing to send a defense now, but i thought i had more time to send these letters etc?

Sorry if i am being dense just want to be sure before I send things too early or too late?

to be clear, i got a "letter of claim for pre action protocol for debt claims" direct from Dryden dated 6/7 and was advised to respond asking for them to honor my CCA earlier on, and did as such, The letter after that was sent 18/08 and is the claim form from the court business centre. this is the one i have acknowledge and is filed with the moneyclaim.gov website that stated it was issued on 18/08 also.

Should I go by the timeline from 18/08 or 06/07?

[echat11]

a) Thanks so much again, I have the letters printed and collection is schedule for tomorrow (earliest royal mail will collect)

Good.

b) Just to confirm about me needing to file a defense, I only got the claim form letter on 19/08/22 dated 18/08/22 and acknowledged stating i intend to defend the claim in the acknowledgment online, does that mean i have until the end of the 14+14 days? you mentioned needing to send a defense now, but i thought i had more time to send these letters etc?

If the Claim form from the Court is dated 18/08/22, then you have 14 + 14 (5 days postal). so you are within time so can file your defence around 16/09/22.

c) Sorry if i am being dense just want to be sure before I send things too early or too late? to be clear, i got a "letter of claim for pre action protocol for debt claims" direct from Dryden dated 6/7 and was advised to respond asking for them to honor my CCA earlier on, and did as such, The letter after that was sent 18/08 and is the claim form from the court business centre. this is the one i have acknowledge and is filed with the moneyclaim.gov website that stated it was issued on 18/08 also.

As above.

d) Should I go by the timeline from 18/08 or 06/07?

You were asked to provide some info, you've put 06/07 instead of 18/08, that's where the misunderstanding has taken place. But all good now.

[CACheckreq66]

a) Thanks so much again, I have the letters printed and collection is schedule for tomorrow (earliest royal mail will collect)

Good.

b) Just to confirm about me needing to file a defense, I only got the claim form letter on 19/08/22 dated 18/08/22 and acknowledged stating i intend to defend the claim in the acknowledgment online, does that mean i have until the end of the 14+14 days? you mentioned needing to send a defense now, but i thought i had more time to send these letters etc?

If the Claim form from the Court is dated 18/08/22, then you have 14 + 14 (5 days postal). so you are within time so can file your defence around 16/09/22.

c) Sorry if i am being dense just want to be sure before I send things too early or too late? to be clear, i got a "letter of claim for pre action protocol for debt claims" direct from Dryden dated 6/7 and was advised to respond asking for them to honor my CCA earlier on, and did as such, The letter after that was sent 18/08 and is the claim form from the court business centre. this is the one i have acknowledge and is filed with the moneyclaim.gov website that stated it was issued on 18/08 also.

As above.

d) Should I go by the timeline from 18/08 or 06/07?

You were asked to provide some info, you've put 06/07 instead of 18/08, that's where the misunderstanding has taken place. But all good now.

ahhh I follow now! I do apologise and thanks so much for the quick replies and patience with me! juggling this and work along with a few other life stresses atm, feel like I'm making mistakes everywhere atm.

will keep this thread updated :-)

[CACheckreq66]

Hi There,

Just another update and query before I file my defence, drydensfairfax have only sent an acknowledgement of receiving one of the letter I sent, no clue which one and it only arrived yesterday, dated as being sent on the 2/09/22 - seems quite a long time between the date and it arriving through my letterbox, either way it doesn't specify what letter the CCA or the 31.14 and give no information on time-frame or details to assist me in my defense.

#################################

I have compiled my statement of defence as follows (if someone can advise if this looks ok I would be grateful):


1.The Defendant received the claim xxxxxxx from the Northampton County Court on 18/08/2022

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

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

4.It is admitted that the Defendant has previously entered into an agreement with Santander 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.

#################### Regarding points 6 & 7 ##############################
These dates are not specifically on the claim form from 18/08 , but were on the letter preceding action, does that mean i add the dates, or specify they are not on the particulars of claim therefor not provided to me as stated specifically on the particulars of claim.
################################################## ###################

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into - its not in the particulars of claim specifically so this is a true statement

7.The Claimants statement of case states that the account was assigned from Santander to Arrow Global on ??/??/??. The Defendant does not recall receiving notice of this assignment. - this date is taken from a previous letter but not the particulars of claim, should i remove this? the previous letter was not a notice of assignment, just the preceding letter to formally launching a claim against me to be clear.

8.It is denied that Santander 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 23/08/22 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydensfairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 23/08/22 The Defendant sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

13.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.

14.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.

15.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.

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

Statement of Truth
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________



################################################

If someone can advise and confirm this looks correct to file in my defence I will be very grateful.

Also thank you again for all the help and support so far, its been invaluable!

[CACheckreq66]

a) Thanks so much again, I have the letters printed and collection is schedule for tomorrow (earliest royal mail will collect)

Good.

b) Just to confirm about me needing to file a defense, I only got the claim form letter on 19/08/22 dated 18/08/22 and acknowledged stating i intend to defend the claim in the acknowledgment online, does that mean i have until the end of the 14+14 days? you mentioned needing to send a defense now, but i thought i had more time to send these letters etc?

If the Claim form from the Court is dated 18/08/22, then you have 14 + 14 (5 days postal). so you are within time so can file your defence around 16/09/22.

c) Sorry if i am being dense just want to be sure before I send things too early or too late? to be clear, i got a "letter of claim for pre action protocol for debt claims" direct from Dryden dated 6/7 and was advised to respond asking for them to honor my CCA earlier on, and did as such, The letter after that was sent 18/08 and is the claim form from the court business centre. this is the one i have acknowledge and is filed with the moneyclaim.gov website that stated it was issued on 18/08 also.

As above.

d) Should I go by the timeline from 18/08 or 06/07?

You were asked to provide some info, you've put 06/07 instead of 18/08, that's where the misunderstanding has taken place. But all good now.

Hi There,

Just another update and query before I file my defence, drydensfairfax have only sent an acknowledgement of receiving one of the letter I sent, no clue which one and it only arrived yesterday, dated as being sent on the 2/09/22 - seems quite a long time between the date and it arriving through my letterbox, either way it doesn't specify what letter the CCA or the 31.14 and give no information on time-frame or details to assist me in my defense.

#################################

I have compiled my statement of defence as follows (if someone can advise if this looks ok I would be grateful):


1.The Defendant received the claim xxxxxxx from the Northampton County Court on 18/08/2022

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

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

4.It is admitted that the Defendant has previously entered into an agreement with Santander 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.

#################### Regarding points 6 & 7 ##############################
These dates are not specifically on the claim form from 18/08 , but were on the letter preceding action, does that mean i add the dates, or specify they are not on the particulars of claim therefor not provided to me as stated specifically on the particulars of claim.
################################################## ###################

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into - its not in the particulars of claim specifically so this is a true statement

7.The Claimants statement of case states that the account was assigned from Santander to Arrow Global on ??/??/??. The Defendant does not recall receiving notice of this assignment. - this date is taken from a previous letter but not the particulars of claim, should i remove this? the previous letter was not a notice of assignment, just the preceding letter to formally launching a claim against me to be clear.

8.It is denied that Santander 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 23/08/22 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydensfairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 23/08/22 The Defendant sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

13.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.

14.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.

15.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.

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

Statement of Truth
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________



################################################

If someone can advise and confirm this looks correct to file in my defence I will be very grateful.

Also thank you again for all the help and support so far, its been invaluable!

[echat11]

Will take a look.

[echat11]

1.The Defendant received the claim xxxxxxx from the Northampton County Court on 06/07/2022

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

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

4.It is admitted that the Defendant has previously entered into an agreement with Santander 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 fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Santander to Arrow Global, but doesn't give a date. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Santander 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 23/08/22 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Drydensfairfax. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the 23/08/22 The Defendant sent a formal request for a copy of the original agreement to Arrow Global pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

13.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.

14.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.

15.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.

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

Statement of Truth
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________

[CACheckreq66]

Will take a look.

Hi There,

I ended up submitting the defense before your response as a precaution but it looks to be the same as advised. Thank you for checking and responding all the same, gives me some reassurance.

I have been sent a letter back in response to one of the document request specified, I have no clue what one because it doesn't state which request it is in relation to and is again specifying the documents are available via their customer portal and asking me to log in to view them in the next 30 days, with "my account on hold" for the next 14 days despite the claim already being in the court system, unsure how that works.

I have never registered on their website so no clue how they could have it ready in my account without me being a registered member (outside of associating it to the case reference I guess. most likely)

Am i being unreasonable asking they just send me a paper copy of this request?
if they have these damn documents, is there an ideal response I can provide to compel them to actually send me the documents, not try and get me to sign into their portal?.

I am concerned registering now will affect my case if I register an account at this point in time, I have only ever dealt with them via post and do not wish to start providing details to a database of theirs if there isn't a legal requirement to.

Any further advise on how to respond or best act to get them to just send me a paper copy of whatever they have would be appreciated.

[echat11]

Hi There,

I ended up submitting the defense before your response as a precaution but it looks to be the same as advised. Thank you for checking and responding all the same, gives me some reassurance.

I have been sent a letter back in response to one of the document request specified, I have no clue what one because it doesn't state which request it is in relation to and is again specifying the documents are available via their customer portal and asking me to log in to view them in the next 30 days, with "my account on hold" for the next 14 days despite the claim already being in the court system, unsure how that works.

I have never registered on their website so no clue how they could have it ready in my account without me being a registered member (outside of associating it to the case reference I guess. most likely)

Am i being unreasonable asking they just send me a paper copy of this request?
if they have these damn documents, is there an ideal response I can provide to compel them to actually send me the documents, not try and get me to sign into their portal?.

I am concerned registering now will affect my case if I register an account at this point in time, I have only ever dealt with them via post and do not wish to start providing details to a database of theirs if there isn't a legal requirement to.

Any further advise on how to respond or best act to get them to just send me a paper copy of whatever they have would be appreciated.

Follow up with the following template, stress that you want a hard copy, make sure you get Proof of Postage -

https://ico.org.uk/your-data-matters...h-the-outcome/

[CACheckreq66]

Hi There,

Just to update you on the progress of this as it has been a fair few months.

I sent of another request for CCA and sent a complaint for not being sent a copy in the post, eventually this was responded to and it looks like an agreement is there relating to this debt. This was received after I had submitted my defence so at the time of submission I wasn't sure this was a valid debt.

I haven't heard anything since submitting my defence and its been a number of months, is there an idea course of action to take next? I did send requests as outlined in previous posts for information etc (excuse tha vagueness I am trying to get this updated as quick as possible before my work day starts) but aside from the CCA finally being sent in the post after threatening to complain, none of the other requests have been aknlowedged of fufilled.

Can I get this set aside due to how long it has taken drydenfairfax to respond to my defence?
Isn't there a time limit for them to respond to this?
Since a CCA has been sent, (well what looks like a print out of what seems to be one) should i change my response?

Any advice as always is greatly appriciated and once more so much thanks for the time taken and kind efforts made to help me (and others also I am sure!)
Season's Greetings and tidings also!.

[echat11]

a) You need to check the CCA document they have sent, is it a True copy or a reconstructed copy?, check the detail, it's strange that they didn't send it when first requested. Just because they sent something, doesn't make it correct.

b) They still need to send the other documentation, but only respond when you know what is what.

c) Setting aside, not really an option.