Drydens Fairfax

Yes by all means ,dont let them dominate the exchanges between yourselves.

Yes recorded delivery for everything.

regards dave

Thanks a lot Dave.

Just had a letter from these crooks saying please find enclosed default notice in there name not the original debt and some bullshit notice off assignment and waiting for documation from OL and surprise surprise one signed by Mr G P Raymer and their other fictional person Deborah Green. The CEO Ms Susan Patricia Nickson is for real so Write to her at Drydens LTD.

Hello, I sent a fourth letter at the end of November, telling them they had still failed to provide any evidence of either debt and that they had long passed the deadline set out in the 3 letter process for proof, and I heard nothing until this morning - 3 months later - where I have received a letter say they have been instructed to obtain repayment of the amount of xxxx for one of the so-called debts. So they've literally gone back to square one as if nothing has happened.

Again, no signature on the letter and no information or documents to back up their claim. So, what do I do now? I've already done the 3 letter process, plus the further letter. Do I have to start the 3 letter process again?

Many thanks in advance.

Hi swan,

Unless it mentions court , I would just send a short letter referring them to your previous letters.

Okay, thanks very much Dave. Is this typical for the process, they keep trying the same thing, until they eventually give up?

Hello, I would be extremely grateful for any advice regarding the latest communication from Drydens Fairfax. I have finally received a reply to my letter sent at the beginning of March, where I yet again contested their claims and yet again reiterated that they had not sent me any of the relevant documents I requested in the 3 letter process (sent in October last year). 

Their reply is below. It attempts to rebut everything I've said, but basically admits they do not have the documents I've requested, nor does the referring company Santander. Furthermore there is no mention whatsoever of the fact they have made claims for two separate alleged debts, and yet only ever attempted to supply documentation for one of them - the loan. I have never seen anything in regard to the alleged credit card debt. 

I also love what they say about not having entered into any contract with me and not being bound by my terms - exactly what applies to me in regard to them! (This was in reference to the fact I said I would invoice them if I had to waste any more of my precious time on dealing with their bogus claims).

Here's the text of their letter (which was actually signed this time - it's come out in a weird font because I copied it from a PDF scan of the original - I can't work out how to upload docs to this site)

"Thank you for your letter that we received on the 08 March 2019, in which you have raised a complaint. My understanding of your complaint is that you are unhappy that we have contacted you regarding this matter as you believe that this balance is in dispute. You have advised us this has led you to believe that we are a third party interloper, that we have no first-hand knowledge of this matter and that we have no legal standing to make these claims. You have stated that our correspondence now constitutes harassment and that you will be seeking redress if this continues. You are also unhappy that the letter that you have received has not been signed by an individual and you have advised that you will charge us £150.00 for each letter that you write to us.


I am sorry that you have had a cause to complain and I thank you for bringing the matter to my attention. I have investigated the issues that you have raised and I am now in a position to report my findings.
Having reviewed your account, I can see that we were instructed by our client (Santander UK Plc) on the 20 June 2018, to collect an outstanding amount owed to them. Our records show that we sent our initial letter to you on the 26 June 2018, introducing ourselves, informing you of our instruction and inviting you to contact us to discuss the repayment options available to you.
I can see that we received a letter from you on the 03 October 2018, in which you requested the following:
[size=30]. [/size]A true and certified copy of the Original Agreement

[size=30].[/size]A true copy of the contract signed by both parties


[size=30]. Verification [/size]of our claim, containing a sworn affidavit or hand signed invoice in accordance with the Bills Of Exchange Act (1882)

[size=30]. [/size]A signed statement that the Original Agreement did create the credit or if the Original Agreement did not create the credit, details of the actual accounting.
[size=30]. [/size]A signed statement that we are in possession of the Original Agreement and that the Original Agreement has never been sold or traded in any way
[size=30]. [/size]Confirmation of the whereabouts of the Original Agreement if we were not in possession of it

[size=30]. A signed statement that no lnsurance Claim has [/size]or will be made in respect of this account

[size=30]. [/size]A true copy of any default notice
Therefore we issued a letter to you on the 09 October 2018, advising you that your query had been referred to our client and that we would revert back to you upon receipt of their response. We received a response from our client and wrote to you on the 24 October 2018, stating that 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 advised that we were awaiting further documentation in relation to this account however we will contact you as soon as a response is received from our client.
A further letter was sent to you on the 16 November 2018, enclosing a Loan Agreement and the Transaction Summary and confirming that the account was on hold whilst we investigated a complaint on the other account that we hold for you. As the complaint was finalized on the other account, your account was referred back to the necessary department to resume collections activity.
I can confirm that our client has supplied sufficient information regarding this account and it would no Ionger be deemed in dispute. Therefore we are not at fault for writing to you and as such I have been unable to uphold this element of your complaint in this instance. As such, I can confirm that we are not a third party interloper, we do have first-hand knowledge of the matter and we are in a position to deal with this matter.
As this matter is no longer under dispute, we have a valid reason to contact you and as such our correspondence would not constitute harassment. Therefore I am unable to uphold this element of your complaint.
An element of your complaint refers to the complimentary close section of our letters. You are unhappy that this section is not signed by a specific person. I apologise that you feel this way, however, I can confirm that because this letter was sent on behalf of the business and not created by an individual, it is correct that it does not have a named person as the signatory. Therefore, I am unable to record this element of your complaint as upheld.
Please be advised that we will not be fulfilling your invoices nor any additional claims you have made for monies as these have no legal standing with Santander UK Plc. What you have said has no foundation in law, and we are not bound to what you have said unless we expressly accept your terms in writing. This also applies to your alleged costs. For the avoidance of doubt, we have not entered into a contract with you and are not bound by your terms. We would respectfully suggest that you seek your own legal advice before making any further presumptions.
Having concluded my investigation, I am unable to uphold your complaint in this instance. I know this may not be the outcome you were hoping for, however, I hope my explanation has been helpful in setting out clearly why I have taken this view.
I have placed your account on a 14 day hold to allow you time to consider my response. Please take this time to contact us to discuss the repayment options available to you.
Please consider this to be our final response to the issues raised, however, if you feel I have misunderstood the complaint or you have concerns different from those detailed above, please do not hesitate to contact me.
lf you remain dissatisfied, you have the right to refer your complaint to the Financial Ombudsman Service free of charge. However you must do so within 6 months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. We enclose a leaflet which provides further information.
Their contact details are;
Financial Ombudsman Service, Exchange Tower, London E14 95R Tel:0300 1239123
wvrw.financial--om budsman. org. u k
lf you wish to complain about our professional conduct you may contact the Solicitors Regulation Authority. Their contact details are;
The Cube, 199 Wharfside Sireet, Birmingham, B1 1RN Tel: 0370 606 2555
www.sra.org.Ucontact-us
Yours sincerely..."


My first thoughts are obvious: all they say they've ever supplied is a copy of a loan agreement (one, not two, even though they're trying for 2 alleged debts) and a transaction summary, which proves nothing. 


I would therefore be very grateful for any advice regarding the next steps I should take. Many thanks.

Hi Swan,

Personally I would respond with a short letter informing them that you have repeatdly requested documents
to support any proof of claim ,to which they have been unable to supply . As a result you will not enter into
further communications until such time as they can supply all the evidence you require.

Okay, thanks very much Dave.

Also have you ever used the word “complaint”? I’m guessing most likely not...

This is them being ‘clever’ with words. Make it explicitly clear that there is no complaint as far as you are concerned. HOWEVER... You very much DISPUTE their claim.... Big difference as this now brings the FCA regulations into play ie they cannot pursue you for payment in relation to an alleged and DISPUTED debt. See...? ;-)

Mrblue2017 wrote:Also have you ever used the word “complaint”? I’m guessing most likely not...

This is them being ‘clever’ with words. Make it explicitly clear that there is no complaint as far as you are concerned. HOWEVER... You very much DISPUTE their claim.... Big difference as this now brings the FCA regulations into play ie they cannot pursue you for payment in relation to an alleged and DISPUTED debt. See...? ;-)

Thank you very much Mr Blue that is excellent information. Much appreciated!

Anytime buddy

Firstly I'd like to say what a fantastic resource this forum is and how incredibly helpful people have been - I am very grateful.

Okay, so I have a partial victory and a confused/odd response from Drydensfairfax. A couple of weeks ago I received two separate letters, each referring to different alleged debts to Santander UK (who were not the original alleged debt owner, but say they have taken over the alleged debt).

The first letter basically says: we haven't got the documents, we can't proceed with any litigation against you. Here's the garbled and fairly ludicrous text of their letter (which is, as usual, unsigned by any actual person):



"Thank you for your recent request for further information. Unfortunately our client has been unable to provide a copy of the Credit Agreement at present. 


As such this means that this debt is unenforceable, which means that our client is unable to take any litigation action against you until such time as the agreement can be provided.


Our client does not however, currently intend to take litigation action against you for this balance but for the avoidance of doubt, we confirm that legal proceedings will not be issued against you whilst our client is unable to provide a copy of the credit agreement.
 
Despite the above, the balance remains due and owing and it is important that the matter is addressed.
 
We note your request for notice of transfer, please be advised our client has confirmed this was not issued to you, however if you contact their customer services team on ……  they can confirm that Drydensfairfax have been instructed.
 
We can see we have previously provided you with a statement of account as requested. If the above clarifies matters, please contact us by 14^th June 2019 to agree a satisfactory solution to this matter.
 
Blah blah blah
 
No signature."



So basically, despite saying in three different ways they cannot pursue or legally enforce the alleged debt, they still want me to pay them the amount they're claiming, or reach some kind of agreement about it. Which is frankly laughable. I'm guessing I can ignore anything more in regard to this one, but I'd appreciate any feedback, about this. Also, I'm not sure what this 'transfer' they refer to is, I assume they mean the proof (as far as they are concerned) that they are not interlopers.  



The second letter, referring to a different alleged debt, is far more circumspect and blatantly untrue in what it says (Ive highlighted where they say that Santander have provided the documents I requested - they haven't). Text as follows:


"We refer to your recent communication, the details of which have been referred to our client for advice.
 
Our client has responded to confirm they have provided you with all the documentation as requested.
 
Our client has advised if the information received does not clarify matters they have suggested that you contact them direct to arrange for a Subject Access Request to be provided.
 
Please send your request to our client at the following address who will provide you with the information in due course:
 
Date Subject Access Requests 
Santander UK PLC"


So I'm not sure a) how to respond to this, or b) whether I should respond at all.


I have sent the three letters (back in October last year), plus two further letters reiterating that they have not sent me any of the documentation I requested and also confirming that I dispute all their claims. All they've sent are a couple of photocopies of some statements and a photocopy of a signature on the last page (presumably) of the end of a document, which has no details in it at all, such as amounts of alleged debt and so on. That's it. All advice very gratefully received. 

Good stuff, With letter 1. I personally would respond with a simple rebuttal along the lines of
" I hereby rebut and reject your assumption that I owe a debt to (OC) .No valid proof of claim
has been provided." Expect regular letters requesting payment, some advise to just ignore them
myself I prefer to rebut everytime as above.

Letter 2 . I would just point out that they have been misinformed and Santander have never provided
all the documentation requested.

Its all looking good so far .

Okay I will do as you suggest, that's great, thank you very much Dave.