Drydensfairfax Soliciitors - Statute Barred?

by janloot Tue Feb 12, 2019 7:08 pm

Good evening members Wink

Afriend of mine received a letter today from Drydensfairfax Soliciitors stating: This is a letter of Claim sent to you in accordance with the Pre-Action Protocol for Debt Claims.

Drydensfairfax Soliciitors - Statute Barred? Image110

My friend told me he has made no payments to his knowledge of this alledge credit card debt.

Drydensfairfax Soliciitors - Statute Barred? Image210

It states the agreement was entered into between you and MBNA on @@ @@@@ 2002 ans assigned to Arrow Global Guernsey on @@ @@@@@@ 2011.

Can anyone confirm that this alledged debt is now Statute Barred?

And if it is - how should we reply to the letter of Claim?

Thanks in advance Wink

by **daveiron** Tue Feb 12, 2019 8:01 pm

Has he made any payment since 2011 ?
Has he had a default notice? Or when was the last payment made.
It should be statute barred .
send a SAR to the OC . I would also request they send documentation to substantiate their claim.

by waylander62 Tue Feb 12, 2019 9:08 pm

if this is an actual letter before claim, then it should have a number of pre action forms to be filled in with it.

be aware that if you do not reply to this letter using at least one of the forms then they will immediately issue a claim, they should give you 30 days.

dont ignore it and make it easy for them to get you into court.

by sam Tue Feb 12, 2019 9:40 pm

Hi janloot

It looks like its statute barred , but make sure, dont worry if your friend does receive a court claim just send it back within 14 days or do it on line and just say statute barred because the court will not know it statute barred and they can win by default, if it was me i would just ignore if i knew 100 % its statute barred , but i think your friend will receive one more letter if you dont sent back the pre action form , or do what daveiron siad to make sure , i must say i dont like using sar the burden of proof is on them ,so dont help them by forcing the original lender to look for paperwork

re

by **daveiron** Tue Feb 12, 2019 9:50 pm

Hi sam

The SAR thing is really to give piece of mind once and for all .when you have all the paperwork that the OC
has you will know exactly where you stand.
It certainly looks to be statute barred ,hopefully The OC's paperwork will prove it.

by sam Tue Feb 12, 2019 10:46 pm

HI daveiron

I think for piece of mind in this case maybe a good idea , lets hope no payments have been paid,
janloot keep us informed you do have time for sar request,

you can send a letter to Drydensfairfax solicitors and say this alleged debt is statute barred and see what they send back.

by waylander62 Wed Feb 13, 2019 10:15 am

if it IS a letter before action and you dont respond within 30 days they WILL issue a claim

if you fill it in and send it back requesting documents you are entitled to see within the 30 days ( leave it as long as possible ) then they must respond or provide said documents, so you will then have more time find out if it is def. statute barred.

DO NOT fall into the trap so many do, and not respond correctly to a letter before claim dont let them get you into the court system!

by janloot Wed Feb 13, 2019 7:27 pm

Good evening members Wink

Thanks for the comments and advice.

My friend says he definately has not paid anything to Arrow Global and does not recall his payments - if any to MBNA

We will: Fill in the enclosed form and requestbthe usual documents in the 3 letters
: send off a SAR to MBNA (OC)

Do we need to send a SAR to Arrow Global ??

Do we need to mention that the alledge debt is more than likely to be statute barred??

Thanks again Wink

by **daveiron** Wed Feb 13, 2019 7:46 pm

Just the letters & the SAR to OC.
The SAR is now free.
& respond to their letter

by Mrblue2015 Wed Feb 13, 2019 9:16 pm

These debt purchasers are truly pathetic still rummaging around for alleged debts that existed well over eight years ago! Are the running out of money or something? Greedy buggers.

by waylander62 Wed Feb 13, 2019 9:53 pm

janloot wrote:Good evening members

Thanks for the comments and advice.

My friend says he definately has not paid anything to Arrow Global and does not recall his payments - if any to MBNA

We will: Fill in the enclosed form and requestbthe usual documents in the 3 letters
: send off a SAR to MBNA (OC)

Do we need to send a SAR to Arrow Global ??

Do we need to mention that the alledge debt is more than likely to be statute barred??

Thanks again

SAR send to the original creditor

letters to the debt purchaser

NO do not mention statute barred at this stage.

also and this may be important: go back to the notice of assignment and check the sum assigned

then: look at the latest letter and see what sum they are saying is still owed

let me know if the 2 sums differ in any way.

by sam Wed Feb 13, 2019 10:32 pm

In this case I think SAR will be ok, but it must not be used willy nilly.

You have got 30 days, but I think longer.

You say no payment has been made, so we assume now it is statute barred.

The solicitor will know if it is statute barred, but he has still got the right to ask for the payment. I do not know why you are being told do not mention statute barred at this moment, you need to write to the solicitor and state "this alleged debt is statute barred." End of story.

If it is statute barred, he is playing a game of fear with you.

If you are wrong and it is not statute barred, then you need to check the paperwork if you have time.

Lets make one thing clear, if a figure is wrong on any paper, a judge will just simply say or agree admin error. It would make no difference at the end of the day. The solicitor will be produce statements, the judge will want to see these and this alone would determine any figures.

However we can only tell you our opinions, sometimes we agree and sometimes we don't. This is why it is very important to stop this at the early stages, where you have more time to find out what paperwork there is. And being frank with you, the solicitor just wants your money, he will probably give you no information. But if you show the solicitor that you know it is statute barred, then he will probably not bother trying to send a claim form.

by waylander62 Wed Feb 13, 2019 11:13 pm

why would you write to the solicitor stating it is statute barred if it is not certain ?

statute barred is an absolute defence if it can be proven so get the proof now, by telling them ahead that this will be your route to a defence they will try and create some fictitious payment somewhere.

it looks statute barred so go get the proof once you have it, it is game over.

by sam Thu Feb 14, 2019 7:02 am

what

1 - If it is statute barred the solicitor will lose the game of fear and the solicitor would look very stupid if he tried taking it to court, the solicitor still can ask for payment but he may be in breach of the Harassment Act 1997 Sec 1.1 if he tried to use fear to obtain money.

2 - If it was not statute barred, there is a small chance the solicitor would write back and state is it not statute barred and may give a reason why, however if it is not statute barred it would not do any harm. In fact this may lead to giving you more time.

And if it is statute barred it is game over for the solicitor, so why prolong it.

by **daveiron** Thu Feb 14, 2019 8:14 am

I agree with Waylanders post above .Until you get the proof in writing before you , its just speculation until
then .

by waylander62 Thu Feb 14, 2019 10:26 am

i have seen so many times a statute barred debt, where the debtor has stated its statute barred and mysteriously a £1 or a £10 payment has materialised out of nowhere within the last 6 years.

I also know that a debt buyer used to encourage ALL of their doorstep agents pay £1 from their own pocket when dealing with customers

they know the game

by waylander62 Thu Feb 14, 2019 10:32 am

i refer back to my earlier post which may now be overlooked

this is my opinion only but due to the dates given check the amount assigned

then check the amount owed on the latest letter sent

it is a simple 5 minute process, then we will be able to ascertain the position the original poster is in.

if assignment for instance is £2500, and the latest letter is £2,499 we will know what they are up to and need to challenge the difference rather than go straight for statute barred

by sam Thu Feb 14, 2019 8:35 pm

HI

my opinion is write to the solicitor say thank you for your letter dated ,
i wish to inform you this alleged debt is statute Barred and is not enforceable in court and threatening me with court action may make you in breach of harassment ACT 1997 sec 1.1, i am aware you may ask .
The solicitor may write back and say no this debt is not statute barred a payment was made on ?
then you can go to you bank and ask for 3 months bank statements for that time , to see if any payments have gone out ,
however , if you do SAR the lender may give you a default notice and statements ,
but it may not have any payments on the statement for instant a debt collection firm may of been payed , so it will not show on the assignment but like i said admin mistakes happen all the time , so dont rely on anything, if you see any other figures on any statement letter it does not mean anything.
so the simple thing you can do is go to your bank and ask for the last 6 years bank statement
there maybe a charge of £5 and check , yes look for the odd £1 you could of missed,
i know i said i would not reply back if i knew it was statute barred but thats me and waylander62 does make a good point about if they have taken money from the bank without your friend knowing.
i have been doing this for a few years and can tell you solicitors lie and mislead and will send you a court claim even though it maybe statute barred,
one last thing if it went to court you will need to say statute barred in your statement so they have time any way to make fales statemeent but you will have you bank statements ,
anyway janloot one thing, all of us want is your friend to win so keep us all informed

by waylander62 Thu Feb 14, 2019 11:27 pm

issue is here sam

that if this was assigned in 2011 the bank wont have the last 6 years of statements

honestly all janloot needs to look at is what i have previously said 5 minute job

find A then find B see if there is any difference, could be job done.

by sam Fri Feb 15, 2019 7:58 pm

Hi,

The problem with assignments, we know that DCA's - Debt Collection Agencies or debt solicitors falsify them. But however I must admit it is one good way to try and check, but it is not 100% reliable.

Bank statements are from now to 6 years ago the bank you used to pay bills direct debit loan or you may of use to make payments , it does not need to go back to 2011. If nothing shows, then it's all clear. The only problem with this, you might not be banking with these people anymore, it is always advisable to change banks if you ever have problems.

So the conclusion is do as many checks as you can.

SAR, Daveiron / waylander62 if this was old debt in 2011, it will be a waste of time because banks only keep records for 6 years, they do this because of Inland Revenue taxation. So no doubt he will receive a letter back with no information, as this is over 6 years old.

So the best cause is to write a letter to the solicitor like I said and see what he replies.

All of us know they wont freely give information, but after court claim you may have to be forced to use a Unless Order.

by **daveiron** Fri Feb 15, 2019 8:11 pm

Sam,
The SAR will provide the date of last payment and or the default notice if issued within the last 6 years.
It does not matter if you have changed banks .The OC must produce last payment & default notice showing
less than 6 years have elapsed or they have no claim.

by sam Fri Feb 15, 2019 8:24 pm

This debt is 8 years old so the oc may not have the information now after 6 year they destroy the old data, maybe the dca have the information will they give the information?
i was thinking if a dca took any money from bank , check the last 6 years bank statments in case they did.

by waylander62 Fri Feb 15, 2019 11:34 pm

oh dear

they cannot falsify the amount assigned ?

if the assignment was in 2011 and the amount owing at assignation was lets say £5000

and the last letter from the DCA states that you owe £5000

THEN you know that it is statute barred it really can be that simple.

banks do hold records longer than 6 years !! i have no idea where you have got that from ? i am looking at a case i am helping with now and the bank have sent stuff from 2007 !!

we will have to let janloot decide what they wish to do

by **daveiron** Sat Feb 16, 2019 8:10 am

Just a thought janloot, has he had any contact at all in the past 6 years .If not this may be useful.

https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

by sam Sat Feb 16, 2019 10:19 am

YOU SAY THEY DONT HAVE PAPERWORK and they cant give what you ask , look they falsify paperwork all the time , and they make mistakes , you can say see if the amount is the same but you will be very stupid to rely on it Shocked

and you should not advise people on this it very irresponsible and should not advise people anyway only give your opinion we are not solicitors , ( maybe you can show us a bank has kept paperwork after six years ) :roll
in the uk they DONT usually keep information after 6 year
This debt is over 6 year so will be statute barred unless a payment has been made within the last 6 years
LOOK we must not Advise full stop very very irresponsible if you are a solicitor just (say), waylander62 or if i put waylander63 it means you are not statute barred,
No wonder tiggy left, i am of too

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