Letter from drydensfairfax re old HSBC debt

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

Until a debt collector states exactly what they are after ignore them this is just phishing.

 

Please check your credit reference file for a clue, Experian (creditexpert) and Equifax have free 30 day trials Noddle is free but not always upto date. Get this done before doing anything.

[BRIGADIER2JCS]

oh and i thought they were a solicotors not a debt collector

 

They are the amalagamation of two so called firms of solicitors but their core business is debt collection.

 

If it's not on CRA files wait for the next letter then we can act.

[BRIGADIER2JCS]

Ok time to test the water with an SB letter this does not acknowledge the debt and cannot restart the 6 year clock.

 

The Head of Compliance

DrysdenFairfax.

 

Ref: as on their letter.

 

Sir/Madam,

 

I refer to recent communications regard a debt for £xxx .xx which it is alleged I owe to Max recoveries, please take note I do not acknowledge any debt to DrydensFairfax or Max Recoveries.

 

I have researched my credit history and have concluded that any such alleged debt is statute barred and I will therefore not make any payment or offer of payment in regard to this alleged debt.

 

I would remind DrydensFairfax that should it dispute the status of the alleged debt the onus of providing unequivocal proof that the account is not statute barred falls entirely on DrydensFairfax and or its client.

 

I am fully aware of the OFT Guidance 2003/2012 and the sections regarding the pursuit of statute barred debt, and suggest that the file is now returned to your client and the processing and storing of all data relating to me ceases immediately.

 

Send by RM recorded delivery.

Edited March 25, 2013 by Conniff

[BRIGADIER2JCS]

Yep amended typing to fast!

[BRIGADIER2JCS]

Hi get the letter off by recorded delivery and please stay off the phone DF can be very manipulative.

 

They are a firm of solicitors but the core business is debt collection.

 

What ever DF might say, imply or insist verbal contact regardind a debt does not constitute acknowledgment, only an unequivocal written admission of liability can restart the clock. (source OFT Guidance on Debt Collection 2003/2012).

Edited March 25, 2013 by BRIGADIER2JCS

[BRIGADIER2JCS]

Basically it means Drydens have no data/documents other than your contact details and the amount of the alleged debt and the name of the creditor, so have to ask the ''client'' for information. Max recovery is just another DCA.

Have you checked your credit reference files does ownership of the debt show under the banks name??

 

Nothing to worry about!!

[BRIGADIER2JCS]

OK see my post 21# nothing to worry about at al all seems as we discussed at the start of the thread.!!

[BRIGADIER2JCS]

Hey come on not dim at all if you have never experience or dealt with people like this it is a confusing process at times, but don't worry over this.!!

[BRIGADIER2JCS]

This dreadful alliance of two of the worst so called ''solicitors'' which have a core business of debt collection just use the title ''solicitors'' to intimidate alleged debtors and are no better but maybe worse than the ''normal'' DCAs who use solicitors for rent!!

[BRIGADIER2JCS]

Hi welcome to CAG.,

Is this a mortgage short fall?

So around 7 years ago, and I take there have been no payments since the repo?

 

Yes the envelope breaches OFT Guidance on Debt Collection regarding ''communicating in a way likely to be ''publically embarrassing to a debtor''.

[BRIGADIER2JCS]

Ok do you know if the mortgage lender was a member of the Council of Mortgage Lenders, as this body and it's members have stated that they will not pursue mortgage short falls after 6 years instead of the Limitation Act 12 years].

How long ago was the last ''offer'' made please?

 

I am think along the lines that if there is a clear period now of 12 years with no payment or written acknowledgment of the debt, we can approach this as being statute barred on the ''12 year limitation'' or even on the 6 year one according to when the debt was passed to a DCA as I believe that it is then no longer a mortgage short fall.

[BRIGADIER2JCS]

Here is some information that might be of help.

 

http://www.cml.org.uk/cml/consumers/guides/debt

 

http://www.cml.org.uk/cml/home

Brilliant CB thank you!!

 

I think we can play this one from both CML 6 years and/or LAn1980 12 years.

I'm going to speak to a colleague who is well versed in ''Mortgages Under Seal''

in the morning and then post a letter here.

[BRIGADIER2JCS]

I have conferred with colleagues and the opinion is statute barred, so if you would like a draft to send please let me know.

[BRIGADIER2JCS]

Thanks for that, I'll let you know how I get on.

Take care with the phrasing of the letter, it should be addressed to the Compliance Manager at DF.

[BRIGADIER2JCS]

I will, thanks. Copied your template to use, and I will also take them to task over the breach of confidentiality with regard to the window envelope showing the details of the debt, amount, address of property repossessed, name of DCA; I'm sure they did this to purposefully embarrass us into picking up the phone.

Please make sure this is sent by recorded delivery and check when DF receive it!!