Letter from drydensfairfax re old HSBC debt

[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.!!

[NailPost]

Weren't they the clever, smug ones when you phoned them and they came over all strong and demanding. You owe us money so hand it over! Sounds like Dick Turpin holding up a stagecoach!. But now look at it. You've written to them, they have to respond and they have no response. They have no paperwork. They have to admit they don't and will need to go and get it - if it even exists. This is a classic example of how debt collectors operate and a cl;assic example of why no one should ever phone them and lay paper audit trails which can be used against them. I would bet my Grand National winnings the next you hear from these chancers is a grovelling sort of "we'll leave it then" letter.

[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!!

[Planxty]

Hi

Just received the second letter in 2 days from drydensfairfax on behalf of their client Arrow Global Limited, first dated 22 April 2013 and second dated 23 April 2012 (saying they are" disappointed we have not heard from you following our letter of ........(no date inserted)". Our home was repossessed by National Home Loans in 1996 and every few years since then we go through the process of letters from various DCAs, it just seems to go on forever. The amount is quite large, nearly £80k. but no way are we in a position to pay it off, or even make an offer. it looks like bankruptcy may be the only option to finally shake this yoke from our backs, but any advice would be appreciated.

Another thing - these letters arrive in a clear window envelope clearly showing details of the (alleged) debt to all who handle the envelope, with our name and address of course. We live in a very small community and I don't feel this is right - I expect it is done on purpose to embarrass us.

[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''.

[Planxty]

Hi, yes it is a mortgage shortfall. It was actually 16 years ago, in 1996. The interest was frozen, so the debt of £78k is the same as it was when the house was repossessed, no other costs have been added to date. We have not made any payments but did in fact make a few offers which were not accepted. The second letter received today was in fact addressed to my wife, and clearly shows the amount of debt, our old address which was repossessed and her name/current address; the address was not wholly correct either, confusing our address with our neighbour's, and could have just as easily have landed on their doormat.

[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.

[citizenB]

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

[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.

[Planxty]

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

[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.

[citizenB]

Tell them (nicely) to foxtrot oscar. This link from the CML explains why. http://www.cml.org.uk/cml/faqs/?faq_id=64

 

Thought I would add this to the mix..

[Planxty]

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.

[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!!