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Moon phases


Drydens Fairfax

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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

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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

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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.


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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.

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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.


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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.

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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.


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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?


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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.

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Re: Drydens Fairfax

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

Okay, thanks dave.


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