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Drydensfairfax/CCA

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  • Drydensfairfax/CCA

    Hi,

    I am hoping for some advice on how to proceed with Drydensfairfax. I took out Abbey MBNA cc in 2004. Unfortunately I lost a well paid job in 2007 so in 2009 I went on a DMP. I was paying that and 2 other debts and they all defaulted in 2009.I have paid the other debts and this is the last one outstanding at £1700

    My last payment for this MBNA debt was September 2020. It was being collected by Arrow and I asked Arrow for the CCA in July 2020. Last year Drydensfairfax asked me to make a payment plan with them but I advised them I was still waiting for the CCA. I have received a letter from Drydens asking me to create an account as they had the documents I had requested. Yesterday I logged onto the DF account online to find that they have 'provided' the CCA. I have a redacted doc but I am unable to attach as it says I am not authorized - this is my 1st post so assume that is why?

    My questions are - if someone could check the doc once I am able to upload:

    Has it been reconstructed? If so I have not been advised of that.
    Can it be classed as illegible and if so is that a defense?
    Should I ask for a SAR from MBNA?
    They also attached another document which had previous addresses, job, salary, mothers maiden name on it

    The signature is mine and the date, even though the year looks as if it has been amended, can't be sure that was me or not.
    Any advice on how to proceed gratefully received.

    Thanks
    Tags: None

  • #2
    Attached
    Attached Files

    Comment


    • #3
      It has to be a true copy of the agreement, because it was pre 2007. They can't reconstruct it.

      https://www.handbook.fca.org.uk/handbook/CONC/13/1.html


      a) Has it been reconstructed? If so I have not been advised of that.

      I can't tell, maybe Celestine can take a look. No doubt the interest rates has gone up, so they should also provide details of the last interest rate.

      b) Can it be classed as illegible and if so is that a defense?

      I think it's 'illegible', the agreement has to be 'legible'.

      c) Should I ask for a SAR from MBNA?

      Yes, make sure you get Proof of Postage.

      Comment


      • #4
        Has to be legible in all aspects

        Comment


        • #5
          Thank you.

          With regard to the DSAR, do I need to list what I want from them eg CCA, statements, default notice or should I just leave it at 'Please supply the data about me that I am entitled to under data protection law relating to myself'.

          Thanks again

          Comment


          • #6
            no just stat DSAR they should send what they hold do not ask for CCA as another matter unless they send with dsar

            Comment


            • #7
              Thank you!

              Comment

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