Drydens Fairfax

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.

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.

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.

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.

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

Hi swan,

If me I would start the letters with the DCA's https://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.

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

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?

Hi Swan,

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

Okay, thanks dave.

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.

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.

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.

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.

Okay, thanks very much for confirming that Dave.

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)

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

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.

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?

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.

Okay, thanks very much Dave.

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.

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

Hi Dave, should I send that recorded as well?

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