DrysdenFairfax / Cabots

[Chattyone]

Re: DrysdenFairfax / Cabots

You could use this one as the basis: http://www.legalbeagles.info/forums/...385#post410385

As you have not received any reply, you may want to adapt it to read as below:

Thanks Flaming Parrot I must have posted the same time as you - will amend accourdingly.

I’m concerned now because waiting another 7 days takes me up to my 28 days AOS. I take it I also need to notify the court of what’s happening?

[Chattyone]

Re: DrysdenFairfax / Cabots

This is what I’ve hobbled together so far – from gleaning info from your forum:

Dear Sir / Madam
Re: xxxxx v xxxxx - CLAIM No: xxxxx

On XX September 2015 I received a County Court claim from yourselves, of which I have acknowledged receipt indicating my intention to defend in full.

On 30^th September 2015 I sent a letter to yourselves in accordance with CPR 31.15 and I am awaiting your reply.
I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a written statement that you agree to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.
I look forward to hearing from you within the next 7 days.

Yours sincerely
Chattyone

Is there anything else I should add to this letter AND
I’m concerned now because waiting another 7 days takes me up to my 28 days AOS. I take it I also need to notify the court of what’s happening?

[FlamingParrot]

Re: DrysdenFairfax / Cabots

So I've sent a CPR and CCA request and received no reply - its been over 7 days now. I believe I need to chase up Drydens - cpuld a wise one give me an idea on how to phrase my chase up letter to them?

You could use this one as the basis: http://www.legalbeagles.info/forums/...385#post410385

As you have not received any reply, you may want to adapt it to read as below:

I refer my request for disclosure of documents mentioned in your statement of case under CPR 31.14 dated xx/xxxx/2105 to which I have not received any response.

I am unable to lodge my defence at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

[Chattyone]

Re: DrysdenFairfax / Cabots

So I've sent a CPR and CCA request and received no reply - its been over 7 days now. I believe I need to chase up Drydens - cpuld a wise one give me an idea on how to phrase my chase up letter to them?

[Chattyone]

Re: DrysdenFairfax / Cabots

Ha Ha Ha

[Berniethebolt]

Re: DrysdenFairfax / Cabots

Thank you for explaining that to me - I've sent the AOS, the CPR and CCA requests. Now I'm going to do a rain dance and pray, pray, pray.

Who are you praying to? The god of lost credit agreements?

[Chattyone]

Re: DrysdenFairfax / Cabots

We just have to take it one step at a time, starting by requesting the documents. In many cases they are unable to produce them so they end up having to discontinue the claim. ray: Non compliance with a CCA request is a bar to enforcement and as your account is from 2003, if there wasn't a properly executed agreement with all the prescribed terms to start with, it may well be unenforceable. :thumb: If they don't send you any documents, you'll file a generic defence based around that fact. Once you file a defence, the claimant may decide not to proceed with the claim, but if they do, you will have the opportunity to go through small claims mediation. At that point you may want to assess your position based on whether they've sent you any documents and if so, how compliant they are. As you can see there are a number of steps to be taken and the Tomlin order would really by the very last step if all else failed.

Thank you for explaining that to me - I've sent the AOS, the CPR and CCA requests. Now I'm going to do a rain dance and pray, pray, pray.

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Flaming parrot also mentioned that a Tomlin Order was the last resort - is there an alternative arrangement?- this is much more preferred.

We just have to take it one step at a time, starting by requesting the documents. In many cases they are unable to produce them so they end up having to discontinue the claim. ray: Non compliance with a CCA request is a bar to enforcement and as your account is from 2003, if there wasn't a properly executed agreement with all the prescribed terms to start with, it may well be unenforceable. :thumb: If they don't send you any documents, you'll file a generic defence based around that fact. Once you file a defence, the claimant may decide not to proceed with the claim, but if they do, you will have the opportunity to go through small claims mediation. At that point you may want to assess your position based on whether they've sent you any documents and if so, how compliant they are. As you can see there are a number of steps to be taken and the Tomlin order would really by the very last step if all else failed.

[Berniethebolt]

Re: DrysdenFairfax / Cabots

You say that the agreement was taken out in 2003 or so, well these are the steps

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

Because the agreement was from before 2007 there is a chance that they will not be able to provide a compliant agreement in which case they can not enforce. I think it is vital that you follow these steps if only to find out if they have the rights to gain a judgement , once that is known you can decide on your next step

The CPR31.14 request should only be used to ask for documents that are in the claim

Is it possible to post either a copy of the claim form ( with all personal details removed) or write exactly what the particulars of claim are

[Chattyone]

Re: DrysdenFairfax / Cabots

No your argument doesn't really stand.

a) they aren't being vindictive, they asked you to get in touch with them to discuss a payment and you didn't.
DF letter states “We think it is reasonable of you to respond to this letter by 04.09.2015…..” immediately followed by….“You can make payments by a variety of means that are shown on the back of this letter”. I made a payment - so I thought that constituted a response. It's always good to know where I stand - though I still think that their phrasing is ambiguous.

b) even if you had got in touch and they had agreed to accept £50 a month they would be legally within their rights to go for a CCJ anyway.
So I've come to realise from reading different situations on this forum - within their rights maybe - but defo still vindictive in my opinion.

I'm not saying you shouldn't defend this, but there is no point in feeling aggrieved about it.
Yes, well - I've calmed down now.

If they fail to produce CCA documentation, you can try to defend on those grounds.
Miracles may happen:tinysmile_twink_t2:


You could also offer to settle the claim through a Tomlin order as FlamingParrot said.

Flaming parrot also mentioned that a Tomlin Order was the last resort - is there an alternative arrangement?- this is much more preferred.

[Debt Camel]

Re: DrysdenFairfax / Cabots

I want to defend – but I’m not sure that my argument above stands.

No your argument doesn't really stand.

a) they aren't being vindictive, they asked you to get in touch with them to discuss a payment and you didn't.
b) even if you had got in touch and they had agreed to accept £50 a month they would be legally within their rights to go for a CCJ anyway.

I'm not saying you shouldn't defend this, but there is no point in feeling aggrieved about it.

If they fail to produce CCA documentation, you can try to defend on those grounds.

You could also offer to settle the claim through a Tomlin order as FlamingParrot said.

[Chattyone]

Re: DrysdenFairfax / Cabots

Cheers for that

[Chattyone]

Re: DrysdenFairfax / Cabots

Hi Flaming Parrot

Any idea when in 2007? More to the point, was it before or after April 2007? It could make a difference due to a change in legislation.

Ok - I 've checked an old credit report and I took it out in November 2003 - which sounds about right but I don't remember using it straight away (though I can't remember when precisely - maybe 2007 /2008 - my credit report is no making too much sense in that respect). Does this change anything?


Did you respond to this letter?
My response was to make a £50.00 payment - and call them to offically complain about their vindictiveness (tho I'm not sure that helped my cause).

Yes, that's correct, and you need to acknowledge within 14 days, saying you intend to defend the whole claim.
Will get that sorted - now I'm out of my fugue state!

There is a way to avoid a CCJ by settling the claim via a Tomlin order which would stay proceedings as long as you keep to the terms of the order and make the agreed repayments, that would mean no CCJ on record, however, it should be used as a last resort as it does give them liberty to apply to lift the stay and request summary judgment if you don't keep up. It's still early days though, I'm just saying that so you can defend with confidence knowing that a CCJ is not unavoidable. :thumb:

Once you acknowledge you have a maximum of 33 days from the date printed on the claim form to file a defence.

You won't be asking for an extension just yet, you send the CPR 31.14 request letter recorded delivery and they should respond in 7 days. Once the 7 days are up, you can chase up the request and say that, as they've not responded, you'd like them to agree to a 28 day extension as allowed under CPR 15.5.
OK- thanks for the clarification.

They should respond to the CCA request in 12+2 working days :flypig:. They never do, but you shouldn't chase that one up as non-compliance is a bar to enforcement. :grin:

Knowing Cabot, they'll tell you it will take 40 days to get your documents...

Much appreciated

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Thanks for your speedy response Nem

When you say 'Ask DF for a 28 day extension, they may only agree to 14 days.. Separate letter for the extension but send in the same envelope' - Is this 28 days from the 20th October?

Sorry if I'm asking the obvious

Hi

See my post above, you will be asking for the extension a bit later, once the 7 days are up and they've not responded. CPR 15.5 allow up to 28 days to be agreed between the parties so you'd ask for the full 28 days. Any extension would run from your previous deadline, i.e. 33 days + 28 days extension on top. You'll also need to inform the court in writing if an extension is agreed, you can do so by email. :typing:

[FlamingParrot]

Re: DrysdenFairfax / Cabots

Drydens Fairfax / Cabots

Hi and Thank you for your welcome people. Sorry this may be in the wrong place but I tried posting the completed form several times without success - So here goes.

I took out a Halifax Credit card – sometime in 2007.

Any idea when in 2007? More to the point, was it before or after April 2007? It could make a difference due to a change in legislation.

Unfortunately, the repayments with interest became too much for me after redundancy and the account defaulted in Jan 2010 after my last payment. Subsequently, I ignored all DCA letters. Cabot has now taken over the debt. I received a letter from DrydensFairfax solicitors about the above debt – to make contact by 3^rd September and the letter then gave details on how to make payments – otherwise they threatened court action.

Did you respond to this letter?

I’ve been unemployed for several years on and off (studying in between & requiring professional membership) and finally got what I thought would be a stable job just about a month ago. So I was in a position to make an initial payment of £50.00. Then to my shock I received a claim form issued 16 Sep for the remaining balance plus court / legal fees. The wording goes: “the defendant has failed to make a payment in accordance with the terms of the agreement despite requests for such payment”.
I couldn’t understand this as I thought I had done what they requested! Fuming, I called Drysden for an explanation – and their response was because I hadn’t called them to make an official arrangement – they are now pursuing me in court for a CCJ. I told them that their letter was misleading because by my payment (which they accepted) I had made contact. Of course they didn’t agree and offered to refer my complaint to their compliance department – and I have now received an acknowledgement from them.

In the meantime I’m about to post my acknowledgement of service and from reading the forums, I see I also need to send a CPR request to Drysden and a CCA to Cabots?

Yes, that's correct, and you need to acknowledge within 14 days, saying you intend to defend the whole claim.

I’m soooo hacked off bcos not wanting to jeopardise my future career change, I made that payment with the intention of paying off the rest over the next few years. I’ve also been careful not to rack up anymore debt arrears since 2010. I just think that what they’ve done is so vindictive. And now – to make matters worse for reasons (completely out of character for me) I won’t go into –I’ve lost my new job!!*! and am desperately seeking another.

I want to defend – but I’m not sure that my argument above stands. A CCJ will ruin my career choice and of course my credit record. Can you help?

There is a way to avoid a CCJ by settling the claim via a Tomlin order which would stay proceedings as long as you keep to the terms of the order and make the agreed repayments, that would mean no CCJ on record, however, it should be used as a last resort as it does give them liberty to apply to lift the stay and request summary judgment if you don't keep up. It's still early days though, I'm just saying that so you can defend with confidence knowing that a CCJ is not unavoidable. :thumb:

Also just checking – does the acknowledgement of service give me until 20^th October to file a defence at court

Once you acknowledge you have a maximum of 33 days from the date printed on the claim form to file a defence.

AND is this the date (at 4pm) that I quote in my CPR 31.14 request to Drydens for an extension?

Hope I’m making sense!

You won't be asking for an extension just yet, you send the CPR 31.14 request letter recorded delivery and they should respond in 7 days. Once the 7 days are up, you can chase up the request and say that, as they've not responded, you'd like them to agree to a 28 day extension as allowed under CPR 15.5.

They should respond to the CCA request in 12+2 working days :flypig:. They never do, but you shouldn't chase that one up as non-compliance is a bar to enforcement. :grin:

Knowing Cabot, they'll tell you it will take 40 days to get your documents...