Drysden Fairfax

[winner12]

Hi all
Had a run in a while ago with Shoosmiths over a credit card debt with Arrow Global originally MBNA from about 1998 they backed down all went quiet now Drysden are chasing they sent exactly the same application form and illegible T&Cs that Shoosmiths tried to pass off as the original agreement what's my best way to deal with this had 2nd threatening letter after ignoring the first one .

[winner12]

Re: Drysden Fairfax

Just Bumping

[nemesis45]

Re: Drysden Fairfax

Hi all
Had a run in a while ago with Shoosmiths over a credit card debt with Arrow Global originally MBNA from about 1998 they backed down all went quiet now Drysden are chasing they sent exactly the same application form and illegible T&Cs that Shoosmiths tried to pass off as the original agreement what's my best way to deal with this had 2nd threatening letter after ignoring the first one .

Did you send a CCA request to Arrow Global the first time this came up? Was the app form sent in reply to that request.

It could be that someone at Shoosmiths and or Arrow has decided to have another bite at the cherry.

I would write to Shoosmith ( because of threat of legal action)

Date:

Ref: Use theirs.
Arrow global.

Sir/ Madam,

I have received your letter dated ............................. and not that the attached documents purporting to be and agreement relating to a credit card account with ......................., I am sure you are fully aware that these document which have already been provided on....................... do not meet the requirements of CCA 1974 either as a copy or an reconstituted agreement and they are therefore rejected.
Given the above I do not acknowledge any liability to your client Arrow Global.

[winner12]

Re: Drysden Fairfax

HI
Thanks for the reply yes I did send a CCA request and had the same documents sent 3 times now stating the same original copies saw off Shoosmiths last time but it got to letter before action before they backed down its not on my credit file anymore default has fallen off but its no SB for another 3 years

[nemesis45]

Re: Drysden Fairfax

HI
Thanks for the reply yes I did send a CCA request and had the same documents sent 3 times now stating the same original copies saw off Shoosmiths last time but it got to letter before action before they backed down its not on my credit file anymore default has fallen off but its no SB for another 3 years

Hello Winner,

Without a compliant agreement actual or reconstituted they cannot enforce the debt via the courts, it is Shoosmiths mind set to threaten court action even when it's not possible.

payments made after the account was defaulted?

nem

[Diana M]

Re: Drysden Fairfax

You are now being chased by Drydens Solicitors for this debt.

They will have no idea what you said to Shoosmiths Solicitors in the past. Shoosmiths will have closed their file and returned it to Arrow who then instructed a new firm of solicitors.

Can you clarify if you've responded to Drydens since they have contacted you?

If not, I see no harm in you sending them (Drydens) a CCA Request now.

Di

[winner12]

Re: Drysden Fairfax

Yes I paid per dmp to wescot but they suddenly stopped collecting in 2013 didn't even get a letter for about a year then Shoosmiths got in touch letter pinpong for a while then all quiet for the last couple of years and now Drysden have sent all the same info again will send the letter you kindly put above thanks once again

[winner12]

Re: Drysden Fairfax

Hi Diana
Thanks for the reply the original CCA request went to Arrow who only sent the application form and unreadable TCS then it went to Shoosmiths recieved the same all went quiet and have received out of the blue again exactly the Same from drysden correct me if I'm wrong but why would I need to send off for another CCA if it's never been dealt with correctly

[Diana M]

Re: Drysden Fairfax

Shoosmiths got in touch letter pinpong for a while then all quiet for the last couple of years and now Drysden have sent all the same info again will send the letter you kindly put above

The letter in post #3 is addressed to Shoosmiths Solicitors who no longer have conduct of your account.

Have you already sent another CCA Request to Drydens or have you simply told them that a response you received two years ago via Shoosmiths was not compliant?

Di

[winner12]

Re: Drysden Fairfax

HI Diana
I haven't done anything yet

[nemesis45]

Re: Drysden Fairfax

The letter in post #3 is addressed to Shoosmiths Solicitors who no longer have conduct of your account.

Have you already sent another CCA Request to Drydens or have you simply told them that a response you received two years ago via Shoosmiths not compliant?

Di

That's my mistake not winners. none the less appropriate for Drydens I suspect as has happened in the past Arrow have passed a complete file to the new solicitors.

nem

[Diana M]

Re: Drysden Fairfax

HI Diana
I haven't done anything yet

Our posts crossed but I now have a clearer picture of the history.

Shoosmiths knew about the possible non compliance with your CCA Request but Drydens know nothing yet because as you say in your first post you ignored their first letter.

What does the second letter say? Does it read like a Letter Before Claim to you with the threat of court proceedings being issued if you don't respond by a specific date or within a specific number of days?

Di

[winner12]

Re: Drysden Fairfax

The second letter just asks to get in touch with in 14 days because they hadn't heard from me

[Diana M]

Re: Drysden Fairfax

a credit card debt with Arrow Global originally MBNA from about 1998 they backed down all went quiet now Drysden are chasing .

How much is the debt which may give some indication of how determined Arrow could be to pursue this through court?

An MBNA account from 1998 has the potential to have more problems then just the CCA document.

I would immediately send a Subject Access Request to MBNA to get your file history.

Di

[winner12]

Re: Drysden Fairfax

Its for 11 thousand pounds