Drydens Fairfax/Capquest

**FlamingParrot** · 9th April 2014, 20:37:PM

Re: Drydens Fairfax/Capquest

Originally posted by AnxiousEm View Post

back in December 2013 I received a county court form for a debt for £2800 for a JD williams account. I had never had a letter from Capquest in ever regarding this bill. After Chasing the debt, I found that it belonged to Lowell and that they were the rightful owners since 2010. I double checked this on my credit report and began making payments on this debt through Kensington finance as I was with them for my other debts. I had been making regular payments on this debt in the sum of £5.75 previously but somehow, it had stopped ( i believe an error with kensington)

I sent all the info I had on the matter to the courts as my defense and until Yesterday I had heard nothing so assumed it finished, and have since been paying it off at £20.07 per month via kensington to Lowell.

Yesterday I received a letter via Drydens Fairfax that says they refer to the above matter and my defense dated 17 dec 2013, the contents of which are noted. We note you have stated that a payment agreement was set up previously with the original creditor Lowell Porfolio via your debt management Agency. Our client has not been notified of these payments that you have stated have been made and therefore require evidence to confirm that payments to this effect have been made against the outstanding balance. They say they will hold this for 14 days.

Today I emailed them a copy of my direct debt to Lowell but this was only started on dec 12th 2013, as well as proof that kensington are paying them.

I am completely confused. Can I still receive a CCJ even though I am paying what is the rightful owner to this debt just because they too own it? how is this even possible?

Sadly, creditors can still take you to court even when you are making payments, since informal payment arrangements (even through a DMP) are not legally binding. Most creditors don't take action, but it's not impossible. An example would be Diana Mayhew, who was making her agreed payments, yet Santander decided to take her to court, which turned out to be a very bad move for Santander: https://paulatwatsonssolicitors.word...nder-v-mayhew/ :grin: :grin: :grin:

The Defendant ran into financial difficulties and in July 2009 she failed to make the minimum payment due on the card. She informed the Claimant of her problems in February 2010 and it was agreed that she would make payments of £5.44 a month from March 2010.
On 12^th October 2010 the Claimant served a default notice with a final demand being sent on 11^th November 2010. These proceedings were issued on 20^th December 2010.

Now then, Di Mayhew received a Default notice and she ignored it, why? well she received the Default and then a couple of days later she received a letter saying “please ignore the previous correspondence and maintain your payment arrangement” so she did, she just carried on paying. She did not stop paying and tell Santander to get lost, she did not ever intend to avoid paying this debt, what she got was sued by er Santander and put in such a position where she needed to seek legal assistance.

What did you say in your defence? A lot of those catalogue accounts are unenforceable due to the lack of an agreement to start with, in particular, if opened before April 2007.

Did you ever send a CCA request for this account? A CPR request when you got the claim?

It would be good if you could post up your defence. :typing:

Sorry you didn't get an earlier reply

Drydens Fairfax/Capquest