Drysden Fairfax

[Diana M]

Re: Drysden Fairfax

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

What's the date on that letter and does it say what they'll do if you don't get in touch within 14 days?

You need to plan your strategy rather than send an instant response if none is required. A lot will depend on answers to questions on your thread

Treat this situation as a whole new scenario because they will.

Di

[winner12]

Re: Drysden Fairfax

THanks Diana
The date is 10th October just states they refer to the above matter respond within 14 days or call our office to discuss the account

[Diana M]

Re: Drysden Fairfax

Its for 11 thousand pounds

Thanks for that information.

If the solicitors decide to issue proceedings (hopefully not) then a claim for £11k would be allocated to the Fast Track where the rules are stricter on disclosure of documents. Drydens will know that, they're probably hoping you don't.

I would send that SAR to MBNA asap.

If you're certain that your your original CCA Request to Arrow was valid (did you include the £1 statutory fee with it?) then you don't need to send another one.

Keep in mind that illegible Ts & Cs can be remedied by the creditor providing a valid reconstituted version. So whatever happens do not write to Drydens to tell them that (illegible Ts & Cs).

Di

[Diana M]

Re: Drysden Fairfax

THanks Diana
The date is 10th October just states they refer to the above matter respond within 14 days or call our office to discuss the account

From what you say there is no threat of legal action, so my personal view is don't invite trouble with any confrontational letter in reply. That can be the quickest way to get a county court summons issued against you.

They have given you until 24th October to respond. Take your time to think what would be best to say.

Can you confirm if it was just a letter or did it (or their previous letter) include a copy of the "agreement" which is what you implied in your first post? If so, was there any reference as to why they included it? It's unusual to start the conversation with a copy without saying why?

Di

[winner12]

Re: Drysden Fairfax

THanks Diana
I'm amazed it's nearly 7 years ago why they chance their arm in the courts after all this time MBNA didn't Arrow never have despite all the threats nor did Shoosmiths what will a SAR give me then

[Diana M]

Re: Drysden Fairfax

THanks Diana
why they chance their arm in the courts after all this time MBNA didn't Arrow never have despite all the threats nor did Shoosmiths what will a SAR give me then

If they decide to chance their arm in court it'll be because they will have purchased the debt for a fraction of its face value so 'worth a try' especially since around 87% of county court claims go undefended.

A SAR will give you the history of the account from Day 1. It should include a copy of the CCA and any reference to when a DN may/may not have been served, when the account was terminated, when it was assigned etc etc.

This is invaluable information when it comes to checking any reconstituted documents sent by a debt purchaser who may not have access to the same information as you have with your SAR.

Im not saying any more because I can't give away my firm's 'trade secrets'

Di

[nemesis45]

Re: Drysden Fairfax

Winner can you post a copy of DF's minus your name address please.
nem

[winner12]

Re: Drysden Fairfax

HI Nemesis
Won't scan to computer for some reason
But it just says
We refer to the above matter
Please find enclosed your consumer credit agreement
We trust this clarifies the matter and look forward to receiving your reasonable proposals for payment within 14 days
This is the first I had ever heard from Drysden that's why I ignored it

[Diana M]

Re: Drysden Fairfax

But it just says
We refer to the above matter
Please find enclosed your consumer credit agreement
We trust this clarifies the matter and look forward to receiving your reasonable proposals for payment within 14 days
This is the first I had ever heard from Drysden that's why I ignored it

So no mention or threat of legal proceedings then

From what you say Arrow remains in default of your CCA Request so keepimg schtum may be the way forward. I wouldn't say anything that makes them try harder to comply.

Get that SAR Request to MBNA in the post pronto so you're one step ahead of the game. A SAR can take up to 40 days to respond so the sooner you do it the better.

Di

[nemesis45]

Re: Drysden Fairfax

HI Nemesis
Won't scan to computer for some reason
But it just says
We refer to the above matter
Please find enclosed your consumer credit agreement
We trust this clarifies the matter and look forward to receiving your reasonable proposals for payment within 14 days
This is the first I had ever heard from Drysden that's why I ignored it

OK Winner clearly from what you say the " agreement " supplied does not comply in any way with the CCA request my feeling is still to send the letter, and I am convinced that they have the complete file on this from Arrow Global.

Did you actually send a CCA request to Drydens? If so how long did it take them to respond?

nem

[winner12]

Re: Drysden Fairfax

HI Nem
No never sent a CCA to drysden this is out of the blue never dealt with them before the last solicitors chasing were Shoosmiths a couple of years ago think it's a bit suspicious

[nemesis45]

Re: Drysden Fairfax

HI Nem
No never sent a CCA to drysden this is out of the blue never dealt with them before the last solicitors chasing were Shoosmiths a couple of years ago think it's a bit suspicious

Thought as much Winner AG have passed the complete file to DF with the same crap documents, this used happen quite a lot a while ago it was thought it was intended to make alleged debts think the collection activity was escalated to a higher level.

Time to knock em out I think.

nem

[winner12]

Re: Drysden Fairfax

Thanks again Nem for all your help would the SAR show any documents I would need was once told the CCA is seperate issue and won't be in the SAR

[nemesis45]

Re: Drysden Fairfax

Thanks again Nem for all your help would the SAR show any documents I would need was once told the CCA is seperate issue and won't be in the SAR

Hi winner,

The DPA and SAR's in regard to agreements is somewhat vague, many creditors will not send agreements as they claim that the content is generic,
all customers for a particular financial product at a specified time, but my thought is this can only apply to T's & C's the agreement having your personal data should be supplied so if sending the SAR specify the complete agreement.
You can also send the creditor a CCA request + £1 just to ensure they send all.
nem

[winner12]

Re: Drysden Fairfax

Well had a reply this morning from drysden

asking why my claim that the agreement is invalid and not regulated by the CCA 1974 to enable them to investigate further if not fulfilled by 18th November instructions are to proceed against me