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Moon phases


Drydensfairfax Soliciitors - Statute Barred?

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Drydensfairfax Soliciitors - Statute Barred? - Page 2 Empty Re: Drydensfairfax Soliciitors - Statute Barred?

Post by daveiron on Sat Feb 16, 2019 11:05 am

I have in front of me a SAR I submitted last year and I was supplied with all info going back to 1998 ,thats 20 years.

You are the only one saying they will not have paperwork.
Yes they may try to falsify paperwork ,but thats a dodgy game .They do not know what original paperwork
the poster may still have on file.
You are the only one muddying the waters in what is and should be a quite simple process.

If you wish to go ,then by all means go & I wish you well .
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Post by waylander62 on Sat Feb 16, 2019 11:19 am

i really dont want to get into an argument but sam you have made some strong and aggressive statements here.

no i dont want to advise but i will give an opinion based on experience and more. i am not qualified to give legal advice.

i dont understand what you mean when you say if the 2 figures i have asked for are the same dont rely on it ?

I had many private conversations with tiggy and we agreed on almost everything if you are going to put forward arguments then at least give a valid reason why !? not just simply repeat they doctor or falsify documents.

i have expressed my opinion on what i think janloot should do, unless janloot replies within the thread i will post no more on the matter, so you are free to post whatever you wish.

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Post by Lopsum on Sun Mar 10, 2019 10:11 pm

we do not advise on this site we have a get out clause "we do not offer legal advice just information,experiences", its in the welcome email and somewhere else i forget. So no worries there .
Sam , if you cant give your opinion without causing disruption to threads then its best that you dont. Rather than falling out in someone else's thread ,make a separate thread for a debate about it if you think necessary.
I think you have good intent and some of the methods you and petesomething previously have put forward are good in certain circumstances , if you keep it for those then no one would be bumping heads and we can all get along.
Nobody wants to prevent you putting your opinion in any particular thread, this is not the issue , its when disagreements snowball into a page or two of debate , and then some off hand comments aimed at individuals , its a bit egocentric and juvenile , so make sure this does not happen ,one way or the other.
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Post by janloot on Tue Mar 19, 2019 7:26 pm

Firstly thanks for all the comments on this situation Wink Wink

As yet no further correspondance has been recieved following SAR and CCA requests, will update if and when theres any update.

Wink
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Post by janloot on Sun Apr 07, 2019 6:07 pm

Quick update:

Result of the SAR has been received, after looking at the paperwork we could see the last payment listed was made in january 2012, the account was sold to Arrow in November 2011.

It does list the "sale balance" and this is £70.00 more than arrow global have listed on the drysdenfairfax solicitors letter!

no payments have been made to arrow at all.

There was not a copy of the CCA enclosed!


Should we send a letter to drysdenfairfax pointing out the date of the last payment?

Wink
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Post by daveiron on Sun Apr 07, 2019 7:33 pm

What about a default notice ,did they send a copy of one ?
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Post by waylander62 on Sun Apr 07, 2019 8:20 pm

that is why i asked for the two sums

so it now appears that £70 has been paid since the sale ?

sold 2011 last payment 2012 ?

another thing if the SAR shows a payment in 2012 ( SAR comes from original creditor ) yet it was sold in 2011 !!!!

so the original creditor should not be providing documents after the sale ??

2+2=5 ?? not adding up !

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Post by janloot on Sun Apr 07, 2019 10:16 pm

No default notice has been received

computer print out states:       sold to arrow under agreement dated 19/12/2011

                                            determination date was 07/12/2012
                                            then it states >
                                            determination date was 07/12/2011
there seems to be a typo error on the mbna system ref dates above; 2011 : 2012

Last payment made to mbna was definately Jan 2012


Nothing has been received from drysden or arrow global
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Post by waylander62 on Sun Apr 07, 2019 10:24 pm

to be honest this has got to be statute barred

but the key to this is the outstanding sums due in january 2012 and the sums drydens and arrow state that you now owe ?

If there is a difference then you need to write to them and request a statement of account showing how the sums claimed have become due.

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Post by waylander62 on Sun Apr 07, 2019 10:46 pm

just to add,

dont at this stage tell them anything at all , just request a statement of account showing how the sums claimed have become due.

even the default notice does not matter at the moment because if the assignment date is more then 6 years then the default notice MUST precede the sale Wink

that £70 seems to be the key ? have you got a copy of the notice of assignment ?

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Post by Michael09 on Fri May 03, 2019 4:57 pm

If you followed an IVA Plan to settle your debts for a span of 6 years, it is a Statute Barred. You should inform the concerned IP regarding the letter and get it resolved.

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