Drydensfairfax Letter of Claim

[Northwales82]

Hi All

First post me, after some advice if possible.

I have £3,792.41 outstanding from a old MBNA credit card from 2006. The debt was sold to Arrow Global Guernsey Limited back in September 2008.Since then I have been paying £1 a month and basically ignoring all letters.

FF to February this year and I received my first letter from Drydensfairfax Solicitors. I responded to them within a week with a "prove it" letter. In June they responded saying they couldn't send me out original docs due to Covid but I could access them via there website. The docs they had provided were a "Transaction Summary" and a "Notice of Assignment" but no CCA. I wasn't sure what to do next so was going to look for advice. Anyway that was 2 weeks and today I have received a "Letter of Claim" in accordance with there Pre-Action Protocol for Debt Claims.

The letter states I must respond within 30 days otherwise proceedings may be issued against me. They also state if I am replying I must return there reply form. The form is split into 4 sections, i will list the headlines below, the is more detail for each option

Section 1: Do you owe the Debt

Box A - I agree I owe the Debt
Box B - I owe some of the debt, but not all.
Box C - I dont know whether I owe the debt.
Box D - I dispute the debt

Section 2: How will you Pay?

Box E - I will pay what i owe now
Box F - I will pay, but i need time to pay

Section 3: Do you intend to get, or are you already getting, debt advice?

Box G - I am getting or intend to get debt advice

Section 4: What documents are you sending with this form? What information do you need?

Box H - I have provided documents
Box I - I need more documents

It then asks me to sign and date the form

So my question is what do I do next? Do I return the form ticking Box D that I don't owe the debt and also Box I saying I want a copy CCA but not signing the form. Or do I just send them a letter asking for the CCA? or can I not say Box D as i am paying them £1 a month?

Advice greatly appreciated

[DE DOGS]

No CCA it's up to them to find it, be it them or the original lender.No CCA no case, been through that myself.

[Northwales82]

No CCA it's up to them to find it, be it them or the original lender.No CCA no case, been through that myself.

Thanks for you reply

So what do you think I should go back with, there form or a simple letter

Dear Sir/Madam

Thank you for your letters dated xxxx and xxxx

I refer back to my letter dated xxxx

I would have expected to receive a copy of my CCA agreement as part of your response. If you could please make a copy of this available and then we can talk further.

Yours

Here is a copy of the previous letter I sent




I refer to your letter dated 3 February 2022 regarding this debt.

I believe that I do not owe the money that you are claiming. You will be aware that the Financial Conduct Authority (FCA) Consumer Credit sourcebook says:

A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. (7.5.3)

A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. (7.14.1)

If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. (7.14.3)

If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. (7.14.4)

A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. (7.14.5)

If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to:

(1) Pass the information given by the customer to the actual lender or the owner; or

(2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. (7.14.6)

Please either provide evidence that I am liable for this debt or confirm that you will not contact me further regarding the debt.

If you continue chasing me without providing evidence that I am liable for this debt this is deceptive and unfair. It also amounts to what is essentially physical and/or psychological harassment.

If you do not either provide evidence that I am liable for the debt or confirm that you will not be contacting me further, I will complain to Trading Standards and the FCA.

I await your reply.

[MIKE770]

no letter to them they know the rules:- , no cca they have a problem do not make them look for it (probably not got one anyway from originator, sit on your hands for now.

[Northwales82]

Soooo i got a claim form though today after i didnt send any reply. So what next? I have made a post in the court claim section

https://legalbeagles.info/forums/for...r-arrow-global

[MIKE770]

Acknowledge Claim
CPR 31.14 Request no charge only ask for items listed on claim form no mention CCA outstanding separate issue later get free proof posting and file all in order

Example Defence for use later acknowledge claim on line using their reference top right claim form and just tick defend all, gives extra 15 dys for next stage, defence in 2 days before deadline later on.

[Northwales82]

Cheers Mike, so i dont needto dothe CCA letter at this point? Thats the one i am fairly confident they dont have as it was 2006. I will edit the CPR 31.14 now and post here if thats ok (i will take details out)

thank you

[Northwales82]

MIKE770

Here is the amended version, all look good? I have done it to Arrow, should i be sending it to Drydens? Or just send them a copy? I have said i will issue my defence on 13/09/22 as the issue date is 18/08/22 so i make 28 days to be 15/09/22

I just started looking at the defence, i take it i need to wait on that as it depends what i get back. What is the last point i can pay to avoid the CCJ?

Sorry for so many Questions, fairly nervious if you can tell

Cheers

Request for documents mentioned in a statement of case under CPR 31.14

On 19/08/2022 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on13/09/2022.

1. Credit Agreement
2. Default Notice
3. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attac copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

[MIKE770]

echat11

[echat11]

Now that they've made a claim against you, I would send a new CCA request,

In your defence, you can put that a CCA request was made prior to their Court claim, but that they sent nothing.

You need to Acknowledge Service within the first 14 days, that can be done online via MCOL, that gives you 14 + 14 days, so that's 28 days plus 5 for postage.

https://legalbeagles.info/library/gu...ledge-a-claim/

a) Send a CCA to DrydensFairfax, they have 12 days to respond (keep an eye on that). Make sure you get Proof of Postage

https://legalbeagles.info/library/gu...etter-example/

b) Send a 31.14 request to DrydensFairfax, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) You could also send a SAR to MBNA, they have 30 days to provide all the data on the accounts, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Work out the date your defence (post an update on the thread one week before it's due) has to be lodged with the Court and the creditors solicitor, note it in the diary, do not forget.

[echat11]

MIKE770

Here is the amended version, all look good? I have done it to Arrow, should i be sending it to Drydens? Or just send them a copy? I have said i will issue my defence on 13/09/22 as the issue date is 18/08/22 so i make 28 days to be 15/09/22

I just started looking at the defence, i take it i need to wait on that as it depends what i get back. What is the last point i can pay to avoid the CCJ?

Sorry for so many Questions, fairly nervious if you can tell

Cheers

Request for documents mentioned in a statement of case under CPR 31.14

On 19/08/2022 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on13/09/2022.

1. Credit Agreement
2. Default Notice
3. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attac copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

a) Here is the amended version, all look good?

It's fine. The documents you can request will be dependant on what they have put in their Particulars of Claim, if they mention, Agreement, Default Notice and Assignment, you can request all three.

b)I have done it to Arrow, should i be sending it to Drydens? Or just send them a copy?

You should only be sending it to their solicitors, DrydensFairfax, all Arrow will do is send it to DrydensFairfax.

c) I have said i will issue my defence on 13/09/22 as the issue date is 18/08/22 so i make 28 days to be 15/09/22

You don't need to tell them when you will be issuing your defence, you can leave this bit out 'on 13/09/2022'.

d) I just started looking at the defence, i take it i need to wait on that as it depends what i get back. What is the last point i can pay to avoid the CCJ?

Good, you can start filing in your defence as you already know some of the facts, change it if you learn more with the information they will send you. You are a long way from a CCJ, providing you follow CPR protocols.

[Northwales82]

echat11 forgot to say thanks when you posted.

i actioned all of the above apart from the SAR to MBNA as i have a current card with them and dont want to rock the boat.

i have sent the 2 letters today by royal mail signed for and got proof of postage.

i will start to draft my defence document this week so i at least have a starting point.

i am guessing this will go one of a couple of ways now. 1. They will have the CCA and i will have to settle (full amount?) or 2. They have no CCA and the case gets dropped? Is that about the short of it.

Cheers

[echat11]

echat11 forgot to say thanks when you posted.

i actioned all of the above apart from the SAR to MBNA as i have a current card with them and dont want to rock the boat.

i have sent the 2 letters today by royal mail signed for and got proof of postage.

i will start to draft my defence document this week so i at least have a starting point.

i am guessing this will go one of a couple of ways now. 1. They will have the CCA and i will have to settle (full amount?) or 2. They have no CCA and the case gets dropped? Is that about the short of it.

Cheers

Correct, except if you have to settle, you can fill in an Income & Expenditure form, a Court will only ask you to pay what you can afford to, if it's a £1 so be it. You need to take into account the Cost of Living i.e. energy, food etc. The best thing is not worry, lets see how it goes.

[Northwales82]

echat11 so i have come home to 2 letters from Drydens today. The 1st was returning my Chq and letter asking for a copy of my credit agreement with a hand written compliments slip saying they are returning it as it is no longer required.

the 2nd was a proper letter and states

We refer to the above matter and your letter dated 20 August 2022, the contents of which are noted.

We acknowledge receipt of your request made under CPR 31.14 and confirm we are currently liaising
with our client for the relevant documentation.

We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance
with CPR 15.5 in order to file your Defence.

We trust the above is in order, however, should you have any further queries in the meantime, please
do not hesitate to contact our office.

so what do i do now? Do i still look to lodge my defence by the 13/09/22 or do i now just wait? Says i get 28 days from when they recive the documents? Do i need to let moneyclaim know somehow?

thank you

[echat11]

echat11 so i have come home to 2 letters from Drydens today. The 1st was returning my Chq and letter asking for a copy of my credit agreement with a hand written compliments slip saying they are returning it as it is no longer required.

the 2nd was a proper letter and states

We refer to the above matter and your letter dated 20 August 2022, the contents of which are noted.

We acknowledge receipt of your request made under CPR 31.14 and confirm we are currently liaising
with our client for the relevant documentation.

We confirm that upon receipt of the documents we agree to a further 28 day extension in accordance
with CPR 15.5 in order to file your Defence.

We trust the above is in order, however, should you have any further queries in the meantime, please
do not hesitate to contact our office.

so what do i do now? Do i still look to lodge my defence by the 13/09/22 or do i now just wait? Says i get 28 days from when they recive the documents? Do i need to let moneyclaim know somehow?

thank you

1) You could send them an email asking if they could clarify the following:

a) Why they have returned the CCA Request and cheque?

b) What do they mean by 'it's no longer required'?

2) You don't need to let the Court you have an extension of 28 days because they've sent you a letter saying that.

Update when you get a response to those questions and the requested documents.