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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

  • echat11
    replied
    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

    Leave a comment:


  • CACheckreq66
    replied
    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!

    Leave a comment:


  • CACheckreq66
    replied
    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.

    Leave a comment:


  • CACheckreq66
    replied
    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!

    Leave a comment:


  • echat11
    replied
    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

    Leave a comment:

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