Drydens issued claim on SB debt

[PilotW757]

Good morning.

After having received various threats from Drydens representing Arrow Global over the past four months regarding an old Providian cc debt, I have today received a claim for the full amount (just over £1000). I know full well this is statute barred as I have not made a payment or acknowledged the debt in over six years. I have a copy of the final cc statement showing the balance, and bank statements showing the last payment which all tally.

I have sent cca request to Drydens and received a partial copy of a postal application form with no t&cs. I have told Drydens this is SB and I will not be paying. They have informed me default date is within the limitation period, I have told them that this is irrelevant as last payment was made over six years ago (approaching 7 years!).

I have requested proof from them that it is not SB, and have received nothing, until today when claim arrived.

How should I proceed with this and submit my defence?

[charitynjw]

Re: Drydens issued claim on SB debt

Good morning PilotW757 & welcome to LB.

The first thing you must do is acknowledge the claim asap per court claim pack instructions.
The easiest way is online via MCOL. (Money Claim On Line).
You must do so within 19 days of the claim issue date. (See front page of the N1 claim form).
For now defend in full, but do not enter any written defence.
If you are domiciled in England or Wales, do not contest jurisdiction.

[charitynjw]

Re: Drydens issued claim on SB debt

I have sent cca request to Drydens and received a partial copy of a postal application form with no t&cs.

May I ask how you sent this? (ie recorded del, 1st class etc).
Was it a CCA s78 request?
& do you have proof of posting? (Although it may not be necessary if their recent communication is a clear response to your ?CCA request? If it is, then you are correct; without the T&Cs per inception & any applicable variations (apart from interest rate changes), it is non-compliant & unenforceable until/unless they do comply.

[charitynjw]

Re: Drydens issued claim on SB debt

I have told Drydens this is SB and I will not be paying. They have informed me default date is within the limitation period, I have told them that this is irrelevant as last payment was made over six years ago (approaching 7 years!).

I have requested proof from them that it is not SB, and have received nothing, until today when claim arrived.

For reference, this is from the FCA guidance.
https://www.handbook.fca.org.uk/hand...ate=2015-10-26

[PilotW757]

Re: Drydens issued claim on SB debt

Thanks for your reply, I sent all letters first class signed for.

[charitynjw]

Re: Drydens issued claim on SB debt

Thanks for your reply, I sent all letters first class signed for.

Thanks for the info.
I asked because other posters have reported that Arrow have been refusing to sign for trackable mail.
& was it a request via s78 CCA, with a £1 fee?

[PilotW757]

Re: Drydens issued claim on SB debt

Yes it was a s78 with the £1 fee. I also sent a pre action request in June, but the only evidence they have sent me was a photocopied signature section of a postal application form with no T&Cs. They sent me this again in response to my first statute barred letter.

I have now completed Acknowledgement of Service on MCOL.

[charitynjw]

Re: Drydens issued claim on SB debt

Yes it was a s78 with the £1 fee. I also sent a pre action request in June, but the only evidence they have sent me was a photocopied signature section of a postal application form with no T&Cs. They sent me this again in response to my first statute barred letter.
You may have received a response because you sent your CCA request to Drydens rather than directly to Arrow.
Personally I think that should be ok, as Drydens are now representing Arrow, so as long as the request post-dated the court claim, you should be covered. However, to be on the safe side you could follow it up in a CPR request. (See below).

I have now completed Acknowledgement of Service on MCOL.

You're well on track re the initial responses.
If it were me, I would now send a CPR 31.14 request to Drydens, asking for any documentation mentioned in their Particulars of Claim. (There's no fee for this, btw).
I would also add a paragraph concerning the CCA request sent on (dd'mm'yyyy'), asking them to confirm that they have passed this to their client.
I would also once again ask for a more detailed response to the statute-barred claim. (Amount of payments, when paid & by what method....exact payment info c/w references).
http://legalbeagles.info/forums/show...ic-information

I would also, if possible, send a SAR to the original lender. It will cost £10, but it should give any of your personal data held in any format.
This may prove invaluable as you can make a comparison between that which the original lender has on file & the documentation that Arrow/Drydens might send.
http://legalbeagles.info/forums/show...ur-information
Keep file copies & obtain proof of posting for all correspondence.

[charitynjw]

Re: Drydens issued claim on SB debt

It seems that Providian has been sold a couple of times & is now under Barclaycard's tender care

[PilotW757]

Re: Drydens issued claim on SB debt

Right I will get the cpr request sent off asap.

How long do I now have to submit my defence?

[charitynjw]

Re: Drydens issued claim on SB debt

Right I will get the cpr request sent off asap.

How long do I now have to submit my defence?

If you've acknowledged, 33 days from the claim issue date. (Front page N1 court claim).

[PilotW757]

Re: Drydens issued claim on SB debt

Good afternoon, I hope a good Christmas has been had by all.

I have had no response to my CPR request, and I need to get my defence submitted asap. Is there a specific template for what to enter in the case of an SB defence?