Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Company bosses to be held responsible for nuisance calls with £500,000 fines
by Mrblue2017 Today at 8:05 am

» justinian deception
by El E Mentary Today at 7:02 am

» Collection order
by Ausk Today at 7:02 am

» Intrum Finance letter advice please.
by waylander62 Yesterday at 11:03 pm

» council tax
by Phillpots Yesterday at 7:16 pm

» Lowell threatening me Again !!
by barnwebb Yesterday at 6:51 pm

» Peter of England in France
by Phillpots Sat Dec 15, 2018 10:32 pm

» income expenditure
by Lopsum Sat Dec 15, 2018 10:04 pm

» New to this place
by assassin Sat Dec 15, 2018 1:19 am

» Latest from CrimeBodge
by Phillpots Fri Dec 14, 2018 8:35 pm

» Equita not very good at bluffing
by ethicsboy Fri Dec 14, 2018 3:13 pm

» Port! A word worth considering
by Phillpots Thu Dec 13, 2018 11:17 pm

» 5G & Smart Meters
by flyingfish Thu Dec 13, 2018 8:09 pm

» Police officer who raped 13-year-old girl jailed for 25 years
by midnight Thu Dec 13, 2018 6:47 pm

» List of the lord lieutenants of the United Kingdom
by Phillpots Thu Dec 13, 2018 4:21 pm

» Dr Michael Mosley
by assassin Thu Dec 13, 2018 2:07 pm

» Are you a mug or a Mancunian?
by Lopsum Thu Dec 13, 2018 1:55 pm

» Some very damning whistleblowing
by Awoken2 Thu Dec 13, 2018 11:04 am

» Reality chat , every wednesday at 8pm (ish)
by Society of the Spectacle Wed Dec 12, 2018 8:02 pm

» What the hell is 'ableism'
by Phillpots Wed Dec 12, 2018 7:42 pm

» stupid thing
by projectzoo Wed Dec 12, 2018 2:41 pm

» Dire Consequences Of Debt
by assassin Wed Dec 12, 2018 2:25 am

» Litter fines set to QUADRUPLE: Rubbish louts now face £150 on the spot penalty https://www.youtube.com/watch?v=olkdZeBWOhc
by Society of the Spectacle Tue Dec 11, 2018 7:17 pm

» Real Begging
by LionsShare Tue Dec 11, 2018 5:05 pm

» Cookies Show and Related Topics.
by Society of the Spectacle Tue Dec 11, 2018 2:44 pm

» More Recycling
by assassin Tue Dec 11, 2018 3:39 am

» Stop The Debt Threat Letters
by Mrblue2017 Mon Dec 10, 2018 11:44 pm

» Brown all CAPS window letter with "Defendant" visible!
by waylander62 Mon Dec 10, 2018 10:21 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Dec 10, 2018 8:02 pm

» Robinson Way
by Killuminati Mon Dec 10, 2018 1:10 pm

» Dam funny
by assassin Mon Dec 10, 2018 2:17 am

» Funny Old World
by Phillpots Sat Dec 08, 2018 5:03 pm

» List of shrievalties
by Phillpots Sat Dec 08, 2018 5:01 pm

» Transcash - the death of
by LionsShare Sat Dec 08, 2018 3:45 pm

» 3 letter process
by Mrblue2017 Thu Dec 06, 2018 4:43 pm

» Warning To Site Members On Benefits
by assassin Thu Dec 06, 2018 2:13 am

» R.N.
by eargoggles Wed Dec 05, 2018 11:48 pm

» ceo of banks
by Mrblue2017 Wed Dec 05, 2018 8:25 pm

» Hiv talk ( lots of immune supporting info in this ) slides and 200 references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:25 pm

» Bladder cancer talk, slides with references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:23 pm

» Lung cancer talk, slides and references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:21 pm

» Prostate/ Prostate cancer talk, slides and references ( must watch ) with quoted research and links
by Theatchet Wed Dec 05, 2018 7:16 pm

» Breast cancer talk, slides and references for the talk, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:13 pm

» Alzheimers and Dementia Talk, with all the slides and references, with quoted research and links
by Theatchet Wed Dec 05, 2018 7:10 pm

» Durham Police Get Back What They Dish Out
by assassin Wed Dec 05, 2018 7:10 pm

» France Yellow Vests Gilet Juanes,
by Society of the Spectacle Wed Dec 05, 2018 3:59 pm

» Difficulty paying default loan
by Mrblue2017 Wed Dec 05, 2018 9:45 am

Moon phases


Drydens Fairfax

Page 1 of 2 1, 2  Next

Go down

Drydens Fairfax

Post by Swan on Mon Sep 10, 2018 9:14 am

Good morning,

I have just joined this forum, but I was a member of the old forum and successfully used the 3 letter process to challenge Cabot finance regarding a supposed debt of £25,000.

I have a few questions:

1. Dryden Fairfax claim they are solicitors acting on behalf of their client, Santander UK plc. Does this mean they are, to all intents and purposes, a DCA, or is this different?

2. The two sums they are claiming relate to a loan and credit card supposed debt that date from 2004/5 - i.e before the consumer credit act changed in 2006. Am I right in thinking that any form of credit before 2006 required a signature to make it legal (under the 1974 consumer credit act)? I ask this because I know for a fact I did not sign anything in regard to these sums - they were with an online bank who have subsequently been taken over by Santander. If this is the case, then should this fact be included in any 3 letter process?

3. I have not communicated in any way with Dryden Fairfax since their first two letters in June and their follow up (after no response from me) in July. In these second letters they state that if they do not hear from me within a month they will "have no alternative to but to (sic - their wording) recommence action to recover the full balance owed to our client'. (The reason this has gone on so long is that I was formerly paying £1 a month to Apex and I just left it at that). Dryden Fairfax have apparently now taken over from Apex in regard to this. I note that in the DCA section of the 3 letter process it says that I can 'ignore them'. If I do ignore them, what is the likely outcome? I note it also says it is recommended nevertheless that I use the 3 letter process, but I am interested to now what happens if I don't. Also, re. my first question, I'm not 100% sure they are acting as a DCA (although I'm sure that they probably are). I would be grateful if someone could confirm that.

Thank you very much in advance for any help.


Last edited by Swan on Thu Sep 13, 2018 8:56 am; edited 1 time in total

Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by waylander62 on Mon Sep 10, 2018 9:30 am

This very much sounds like it is still with the original lender ?

Drydens Fairfax, i am pretty sure are a firm of solicitors so no it looks like santander have employed a firm of solicitors to start collecting.

as you have been paying a £1 a month, this one is going to be difficult to overcome. I would definitely not mention anything about the origins or otherwise, if they have the necessary paperwork to prove this debt then they will provide it. Chances are they dont, so dont give them any information. This could be your saving grace.


Last edited by waylander62 on Mon Oct 15, 2018 12:41 pm; edited 1 time in total

waylander62
Very helpful
Very helpful

Posts : 266
Join date : 2017-10-03

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Mon Sep 10, 2018 10:23 am

Thank you very much for your quick response and clarification. Yes, I was paying £1 a month to Apex previously, for approx. 14 years. As the debt remains with Santander, what would you recommend I do?

It would appear I have two options:

1. Continue to pay £1 a month and forget about it (as I had until I was informed of the change), or
2. Use the 3 letter process. Drydens Fairfax are acting as a DCA, so I assume if I pursue this path, I should use that form of the 3 letter process.

Unless of course I ignore them, in which case, I'm not sure what happens.

If I do use the 3-L-P with them, does this subsequently revert to Santander who I have to use the other 3-L-P with?

Many thanks again for your help.


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by handle on Mon Sep 10, 2018 11:59 pm

1) Do not offer to pay anything (admission of debt) - this creates as much time between your last payment/acknowledgement of debt towards your 6 year limitation period - that is when the debt becomes unenforceable.
2) put the ball in their court to prove the debt. Use the 3 letters.

Make sure you put them to strict proof in providing you with a copy of the agreement supporting alleged debt.

Reconstituted agreements are NOT PROOF of that is what you actually signed.

handle
dedicated
dedicated

Posts : 557
Join date : 2017-04-10

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Tue Sep 11, 2018 7:19 am

Thank you very much handle. As I said, I never signed anything in the first place anyway.


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by daveiron on Thu Sep 13, 2018 9:18 am

Hi swan,

If me I would start the letters with the DCA's http://goodf.forumotion.com/t1163-new-alternative-letters-for-dca-s-acting-as-agents
Pity about the payments as it screws up the statute barred route ,but you are entitled to see all the documentation they have to back up their assumption that you owe any money.
It would not surprise me if after all this time and changes ,they are unable to provide what they need.
avatar
daveiron
Admin
Admin

Posts : 1349
Join date : 2017-01-17

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Thu Sep 13, 2018 9:55 am

Okay that's great, thank you very much for your help daveiron.


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Mon Sep 17, 2018 9:46 am

Many thanks for all the replies so far, I have another question: In the 3 letters I used to write off a debt with Cabot several years ago I used this line in addition to the standard template (as far as I can recall this was something I added myself): I am making a formal request for a true certified and signed agreement for the alleged account under The Consumer Credit Act 1974 S. 77/78. You have a further twelve (12) days in which to provide this, or this alleged debt will become unenforceable.

I put that in because the debt dated from before the 2006 Consumer Credit act and as far as I understand it, if there is no signature, the debt is unenforceable for that reason alone. The same applies to these debts. So do you think I should include this line in the first letter I send to the DCA?


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by daveiron on Mon Sep 17, 2018 2:07 pm

Hi Swan,

Yes thats fine ,anything additional is good especially if its worked before.
avatar
daveiron
Admin
Admin

Posts : 1349
Join date : 2017-01-17

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Tue Sep 18, 2018 6:38 am

Okay, thanks dave.


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Tue Oct 16, 2018 9:49 am

Okay, have had a reply to one of my first letters (second already sent) as follows:

"We write in reference to your letter dated xxxxxxx and note the contents.

We can confirm that we have referred your enquiry to our client and we will revert back to you on receipt of their response.

We trust this clarifies and in the meantime if you wish to discuss the matter further... blah blah blah...

No signature."


So no, it doesn't clarify the matter. I will continue with the third letter and see what happens. Is there anything else I need to do at this stage? Thanks in advance.

Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by Keithatlm on Sun Oct 21, 2018 2:51 pm

Just had a letter from Santander that these parasites are now dealing with my account, I have shaken off Wescot & Robinson way with the 3 letters Should I start with this lot as well I have 8 months till it's statute bared. Lose the fear and move on.


Keithatlm
Not so newb
Not so newb

Posts : 16
Join date : 2017-05-31

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Sat Nov 03, 2018 12:22 pm

Okay: 3 letter process completed and we're at 30 days. I've had one further reply from the DCA, as follows:

We refer to your previous correspondence, the details of which we've passed to our clients.

Unfortunately, due to the age of this account our client no longer has access to the letter which was sent directly to you. Therefore our client has provided a copy of the default notice template.

We are still awaiting further documentation in relation to this account however we will contact you as soon as a response is received from our client.

No signature.


So that's it. They've got nothing and it looks like Santander have got nothing. But, sending me a default template.... WTF has that got to do with anything?? Looks like they're half way to surrender on this, but I won't count my chickens.

Do any of you who've assisted me so far have any thoughts on my next steps? Do I just wait and see what happens?

Many thanks, Swan.


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by daveiron on Sat Nov 03, 2018 12:48 pm

So they are going to send you something that may look like something they may have sent in the past.
As you say it certainly looks like they have nothing.If they had anything they would not have to resort to
such a pathetic response.
I would just wait.
avatar
daveiron
Admin
Admin

Posts : 1349
Join date : 2017-01-17

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Sat Nov 03, 2018 4:36 pm

Okay, thanks very much for confirming that Dave.


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by handle on Sat Nov 03, 2018 9:21 pm

Just to clarify, agreements pre april 2007 must conform to s127 Consumer Credit Act 1974, which was witrhdrawn from April 2007. It is that section which referred to a signed agreement that had all the essential requirements under CCA 1974 (eg rate of interest, payment dates and regularity, right to cancel etc)

handle
dedicated
dedicated

Posts : 557
Join date : 2017-04-10

Back to top Go down

Re: Drydens Fairfax

Post by Keithatlm on Sat Nov 03, 2018 10:52 pm

Drydens LTD letter 2 to be sent tomorrow enjoying the Game.This company are bottom feeders.

Keithatlm
Not so newb
Not so newb

Posts : 16
Join date : 2017-05-31

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Sun Nov 04, 2018 1:19 am

@handle wrote:Just to clarify, agreements pre april 2007 must conform to s127 Consumer Credit Act 1974, which was witrhdrawn from April 2007. It is that section which referred to a signed agreement that had all the essential requirements under CCA 1974 (eg rate of interest, payment dates and regularity, right to cancel etc)

Yes, thank you for clarifying that.


Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Thu Nov 08, 2018 10:43 am

Two further letters received: the first stating 'we've received your complaint and are looking into it... blah blah.' A standard template reply. Even though I haven't made a complaint. The second says "Please be advised our client has responded to confirm you can contact Santander directly on 0800 etc. and they will confirm that they have instructed us on this matter. We are still awaiting further documentation in relation to this account...

blah blah... unsigned"

So, in other words, nothing. I take it there's no onus on me to contact Santander? It's up to them to contact me directly if they have anything to say I would have thought. DF meanwhile have nothing, and have ignored most of what the 3 letters said, including not to correspond without a signee who takes responsibility for the contents. So I assume I continue to sit tight and see what they come up with?

Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by daveiron on Thu Nov 08, 2018 3:10 pm

Hi swan,

Yes just stick to the letters,on no account phone anyone . You can be sure it will be recorded and used against you if you make the slightest slip up which is very easy to do.
avatar
daveiron
Admin
Admin

Posts : 1349
Join date : 2017-01-17

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Thu Nov 08, 2018 9:29 pm

Okay, thanks very much Dave.

Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Tue Nov 27, 2018 10:09 am

Good morning. About two weeks ago I received a copy of the monthly payments I had made to a previous DCA, on one of the alleged debts, nothing else.

Yesterday I received a photocopy of the alleged original credit agreement with my signature on the second page. It has the name of the original creditor, then a substituted creditor (neither of which are Santander) on the first page. The second page where my signature is doesn't match the font of the first page or seem to be continuous. There is no mention of any sum of money on either page, it simply refers to a flexible loan agreement.

Interesting to note the signature is in a previous name (I changed my name some time ago).

I have received nothing whatsoever in relation to the alleged credit card debt.

As usual, the letter they've sent is unsigned.

Thank you in advance for any feedback at this stage.



Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by daveiron on Wed Nov 28, 2018 11:37 am

Hi ,you asked for a true copy .That is not what they have sent. Inform them of that.
avatar
daveiron
Admin
Admin

Posts : 1349
Join date : 2017-01-17

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Wed Nov 28, 2018 12:12 pm

Hi Dave, should I send that recorded as well?

Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by Swan on Wed Nov 28, 2018 12:29 pm

(and should I also reiterate that I asked for several other things which I have not received?)

Swan
Not so newb
Not so newb

Posts : 19
Join date : 2018-09-10

Back to top Go down

Re: Drydens Fairfax

Post by Sponsored content


Sponsored content


Back to top Go down

Page 1 of 2 1, 2  Next

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum