Drysdenfairfax solicitors ccj

[Kellou22]

Hi hope some one can help me!,
on 17th January I received a letter from drydensfairfax with regards to an outstanding debt of £2604.51 that I owe to cap quest. Prior to this I had no idea the debt had been passed to anyone as I've received no correspondence.
this stated that they had been instructed to take legal action to obtain a ccj because I had failed to reach an arrangement with them (a little difficult to do when you don't know you haven't received any letters) now I do acknowledge that I did owe this money to very (a catalog company ) it stated that I could prevent this by contacting them before 29th jan. As I currently don't have a phone I emailed them on the 18th explaining my situation and offering to make a payment arrangement with them... I received nothing till the 30th jan and this basically said that I had to confirm that they could use email was secure and they could forward further info through this which I confirmed immediately.
I heard nothing else until today when I received a N1CPC form. I borrowed a friend phone and called them straight up and they said I needed to send the forms back... Now I don't deny I owe the money and will happily pay them this is instalments (I'm s single mum of 2 and do not have a lot of disposable income at present) however aside from the fact this is the first I knew of who owned the debt... It took them 12 days to acknowledge my email (this is surely an argument on my part) then the phone I was using ran out of credit I topped it up and rung back to be basically told that they were too busy to take my call I've now attempted 5 times.... My worry is if they go ahead with the ccj that my home is at risk ... Basically I co own a property with my mum I own 35% and my biggest fear is that they will place a charging order against it which I've heard they can now do for debts over £1000 this is unfair to my mum as its nothing to do with her.... Where do I go from here can I prevent them taking out a ccj and do I have grounds for an argument against it ?
Sorry for the long post I really don't know what to do
thanks

[kentman2006]

Re: Drysdenfairfax solicitors ccj

Hi
As for Dryden Fairfax, I got a CCJ claim form in November, lodged a 28-day acknowledgment of service, and duly filed a defended claim. I quoted the CPR request letter (sure you can find on here somewhere), demanding I see original credit documents before I decide how to plea. Result = DF replied saying "we will have to make enquires with the original lender, which may take some time". As yet, nothing more from them. I will be requesting the court to strike out or stay the claim as basic documents have failed to be supplied.

And keep a record of their incompetence, phone calls you made, replies from them etc. It would help your defence if you could show just how poor they are.

I am also fairly sure that a claim form has to have a typed name of an individual at the bottom left (rather than a typed company name). Maybe a reason for defending, though I suggest you seek advice on this.

Good luck

[nemesis45]

Re: Drysdenfairfax solicitors ccj

Digital signature is OK.
Who is the claimant (Drydens Client)?
It is unwise to contact Drydens by phone, calls can and likely will be denied.

Did you make the request via the Civil Procedure Rules (CPR 31.14) or under sections 77/78 of CCA 1974.

nem

[Kellou22]

Re: Drysdenfairfax solicitors ccj

Hi there I made an actual complaint on the phone and have since received a letter acknowledging this so they can't deny the call I've filled out the acknowledgement of service part in the form do I send this back with a request for credit agreement as I've already both in writing ( the email ) and verbal (on the phone ) told them I acknowledge the debt but do not acknowledge the fact that I've had no previous correspondence from cap quest or them or a default notice from very before the letter dated 15th jan this year

sorry I'm useless ��