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Drydensfairfax
Hi, first post here so hope you can help.
On 31 July 2019 I received a County Court claim from Drydensfairfax on behalf of their client (Arrow Global) claiming around £3.4k with the original creditor being Marks & Spencer.
On 14 August 2019 I sent Drydens the CPR 31.14 letter asking for documents, namely the credit agreement, the default notice, and the Notice of Assignment. I acknowledged receipt of the claim form indicating intention to defend in full.
I heard nothing back from them but a couple of days ago I received a letter dated 15 March 2021.
This letter said they now have the documents, that they cannot send hard copies due to Covid, but that I can view them on their website customer portal, or I can request them via email, subject to answering some data protection act questions.
Their letter said the available documents are a copy of the credit agreement, a 'copy statement', and a Notice of Assignment. They say the default notice is unavailable.
I do not wish to register on their customer portal as they ask for a contact telephone number. However, I don't mind emailing them for copies to be sent by email.
The thing is I don't recognise this debt. Don't get me wrong, I'm not saying it is not mine, I went through a spell around 20 years ago and may (probably did) get a loan from the original creditor.
I have been on a DMP with Stepchange for around 4 years and before that was with MoneyPlus. The MoneyPlus DMP began in September 2014 and before MoneyPlus I was with Churchwood Financial for five + years.
This debt was not on any of these DMPs so there have not been any payments or acknowledgements to this debt for more than 10-12 years.
In their recent letter they say 'given that the documentation attached to our portal deals with the issues raised in your CPR 31.14 request, we are clearly in a position to progress our client's Claim against you and would therefore, invite you to now settle this matter or file a formal response to the claim previously issued'. They then go on to say if they do not hear from me within 30 days they will apply to the Court to lift the stay on proceedings' .....which will result in additional costs and if I don't respond they will send this letter to the court.
My questions are -
Would my reply in August 2019 saying I intended to defend the claim be seen as an acknowledgement of the debt?
Would it be statute barred and should I go down that route directly with Drydens?
Does them saying the Default Notice is not available affect anything?
Any help or advice you can give will be appreciated.
Kind regards
Greenorwhite
On 31 July 2019 I received a County Court claim from Drydensfairfax on behalf of their client (Arrow Global) claiming around £3.4k with the original creditor being Marks & Spencer.
On 14 August 2019 I sent Drydens the CPR 31.14 letter asking for documents, namely the credit agreement, the default notice, and the Notice of Assignment. I acknowledged receipt of the claim form indicating intention to defend in full.
I heard nothing back from them but a couple of days ago I received a letter dated 15 March 2021.
This letter said they now have the documents, that they cannot send hard copies due to Covid, but that I can view them on their website customer portal, or I can request them via email, subject to answering some data protection act questions.
Their letter said the available documents are a copy of the credit agreement, a 'copy statement', and a Notice of Assignment. They say the default notice is unavailable.
I do not wish to register on their customer portal as they ask for a contact telephone number. However, I don't mind emailing them for copies to be sent by email.
The thing is I don't recognise this debt. Don't get me wrong, I'm not saying it is not mine, I went through a spell around 20 years ago and may (probably did) get a loan from the original creditor.
I have been on a DMP with Stepchange for around 4 years and before that was with MoneyPlus. The MoneyPlus DMP began in September 2014 and before MoneyPlus I was with Churchwood Financial for five + years.
This debt was not on any of these DMPs so there have not been any payments or acknowledgements to this debt for more than 10-12 years.
In their recent letter they say 'given that the documentation attached to our portal deals with the issues raised in your CPR 31.14 request, we are clearly in a position to progress our client's Claim against you and would therefore, invite you to now settle this matter or file a formal response to the claim previously issued'. They then go on to say if they do not hear from me within 30 days they will apply to the Court to lift the stay on proceedings' .....which will result in additional costs and if I don't respond they will send this letter to the court.
My questions are -
Would my reply in August 2019 saying I intended to defend the claim be seen as an acknowledgement of the debt?
Would it be statute barred and should I go down that route directly with Drydens?
Does them saying the Default Notice is not available affect anything?
Any help or advice you can give will be appreciated.
Kind regards
Greenorwhite
