Drydensfairfax

[ncf355]

Re: Drydensfairfax

Hi Suzy

The point is, why pay it if you dont have to?

Drysden more than likely bought this from the original creditor for around 10% of the debt balance

Debt purchasers frequently use the Online bulk claims centre at Northampton to place a claim as it means they can avoid having to show the original agreement upon which their claim relies

If they had issued this in a local, county court they would have had to attach all the documents relied upon (credit agreement, terms and conditions and default notice at the very least) to be able to issue the claim.

I would imagine the chances are they dont have a valid agreement, so this is well worth challending - the worst situation you can be in at the end of it is back where you are now with a judgment against you for the same amount.

I'm hoping someone else will be along soon that can advise how to construct a set aside in this matter.



One thing worth checking out is to call Northampton and see if the service address given for you has changed at all

It seems odd to me that you received the Judgment document, but not the original claim form.

There is a chance they changed theaddress to which documents to you should be sent during the claim.

[ncf355]

Re: Drydensfairfax

I would say that I think the difficulty you may have is whilst you didnt receive the claim form, you received the judgment in November, so a clear 2 months has passed since this and the court is likely to say you should have applied for the set aside much sooner, though as a litigant in person there is a chance they wiill be lenient on this.

[ncf355]

Re: Drydensfairfax

SUZY -

We have just noticed, you state Sygma/Drysden, but not the detail of where the original debt is from

Is this a credit card/loan?

If so, when was the card/loan originally taken out?

If a Credit Card, was there any PPI or Late Payment/Overlimit penalty charges on it?

[Amethyst]

Re: Drydensfairfax

suzy, The original debt was with Sygma - was that for a 'creation' credit card or catalogue debt ? When did you start the agreement ?

We need to know if you have a reasonable chance of success to defend the claim should you get the judgment set - aside - and therefore whether you should apply or if not you may be better applying to vary the judgment to installments based on your income.

[Streetwise]

Re: Drydensfairfax

suzy, The original debt was with Sygma - was that for a 'creation' credit card or catalogue debt ? When did you start the agreement ?

We need to know if you have a reasonable chance of success to defend the claim should you get the judgment set - aside - and therefore whether you should apply or if not you may be better applying to vary the judgment to installments based on your income.

You can view the documents at post 7, I cant download them maybe somebody else can.

[ncf355]

Re: Drydensfairfax

You can view the documents at post 7, I cant download them maybe somebody else can.

Hi SW, the PDF's are just the MCOL transfer to Sheffield and Judgment for claimant docs, nothing on the actual claim content or agreements

[Streetwise]

Re: Drydensfairfax

After receiving a Judgement for Claimant (in default) from Northampton County Court regarding Sygma/Drydensfairfax solicitors I issued a request CPR31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) ..... on 2nd November 2013
I received the 'documents' requested on 28th January 2014- clearly out of time and also the 'original agreement' does not bear my signature.
What is my best move forward? Is it 'out of time' or 'invalid agreement'?!

Any advice would be much appreciated.

Could you please post the documents you received from Drysdens on the 28th of January.

[Amethyst]

Re: Drydensfairfax

You can view the documents at post 7, I cant download them maybe somebody else can.

Images (hope you can see these ones Streetwise)

[Streetwise]

Re: Drydensfairfax

Images (hope you can see these ones Streetwise)

Yes can see them now thanks,but the documents i want her to post are the ones she refers to in her first post,the ones she got from Drydens in January of this year,thanks.

[Amethyst]

Re: Drydensfairfax

Yes I know, just thought it was bugging you you couldn't open the PDF's xx

[suzy18]

Re: Drydensfairfax

Hi everyone- sorry for the delay in getting these documents available for you all to look at- my scanner was playing up yesterday- I hope you are able to view everything now.
The default notice from Sygma/Creation was served at the end of July 2013 well after the company had replied to my request for a repayment plan advising that it had been passed to the relevant department.
The document from Drydens received in November clearly states that they will not be able to produce the documents requested within the seven day period.
Nothing further until the Drydens letter dated 28th January in which it appears I have fourteen days to notify them of my defence before they "recommence with further enforcement action"
The copies of the 'so called original agreement' merely have the name and address box filled (which I have hidden) and the signature box appears to be empty.

Thank you all once again & I look forward to your further advice.

[FlamingParrot]

Re: Drydensfairfax

I would say that I think the difficulty you may have is whilst you didnt receive the claim form, you received the judgment in November, so a clear 2 months has passed since this and the court is likely to say you should have applied for the set aside much sooner, though as a litigant in person there is a chance they wiill be lenient on this.

Although you are supposed to apply 'promptly', this isn't the main criteria to decide whether it should be set aside or not.

There is no time limit for making an application on these grounds but the court will look at whether you made the application ‘promptly’.

If you didn't get the papers, you'd need to show the court that the creditor had your current address as well as showing you would have a viable defence, as setting aside is not the end of it, the creditor could re-issue the claim.

If you did not get the claim form, you will usually need to show you have a defence or other good reason as well, for the court to set aside the judgment unless:

• you can prove you gave the creditor your new address;
• the claim was not made following the rules, for example, they were sent to the wrong address, lost in the post; or
• the post office returned the claim papers as they were not able to deliver them.

See this for reference: http://www.nationaldebtline.co.uk/en...e_county_court

[FlamingParrot]

Re: Drydensfairfax

Hi everyone- sorry for the delay in getting these documents available for you all to look at- my scanner was playing up yesterday- I hope you are able to view everything now.
The default notice from Sygma/Creation was served at the end of July 2013 well after the company had replied to my request for a repayment plan advising that it had been passed to the relevant department.
The document from Drydens received in November clearly states that they will not be able to produce the documents requested within the seven day period.
Nothing further until the Drydens letter dated 28th January in which it appears I have fourteen days to notify them of my defence before they "recommence with further enforcement action"

The judgment is dated 29th October, I don't understand what the above refers to, since it would appear to relate to a CPR request submitted by yourself, however, they already had judgment by November.

If you think you could defend it successfully, you could apply for set aside. You'll have to pay a £80 fee and fill in a N244 form. As the judgment was obtained without your attendance, it's forthwith, meaning you will be asked to pay the full amount straight away or the creditor can apply to the court to enforce it with a warrant of execution, attachment of earnings, etc. To avoid this, you can apply for a variation. Sadly it's too late for a redetermination which wouldn't cost you anything but it has to be applied for within 16 days.

To apply for a variation, you'll also need an N245 and a £40 fee, but the can be waived in certain cases, you need to look at form ex160a to see if you qualify. That will enable you to pay in installments. The same criteria for fee remission applies to the fee for set aside application.

[ncf355]

Re: Drydensfairfax

A couple of things spring immediately to notice on the documents in that PDF you have posted:

1) They obviously have no signature, without a document signed by you containing the prescribed terms of the CCA 74', you should be able to get judgment set aside and the case dismissed

2) The terms state late payment fees of £12 - £12 fees tended to be used after the OFT got involved over £20-£30 fees so its likely this document is post 2007 terms and therefore not your original terms

3) Was the Default notice dated? (cant see this on there) as they give you to 26th to rectify but this has to be 14 CLEAR days (e.g: allowing time for the notice to be delivered) otherwise it is defective