Drydensfairfax & O2 CCJ

[Lincsflier]

Hi all just need some with advice re:- Drydensfairfax representing Lowell Portfolio I Ltd (original Creditor O2).

 

Just received one of their letters stating to pay in 10 days or they will commence legal proceedings. The debt is for £375.14 and after checking Experian found that O2 have the account listed as a zero balance but Lowell do have the debt listed separately as being owed to them personally.

 

The settlement date for 02 shows as 30/10/08 but the default date for Lowell shows as 27/11/09. Honestly don't remember owing this debt at all and thought that the account had been settled as it shows on the Experian report.

 

Any advice on how to proceed and what letters to send etc. would be gratefully appreciated.

 

Many Thanks

[Conniff]

Debt to phone companies are the dodgiest of them all. Personally I would sar both O2 and lowells without delay.

 

Then again, you could do what I did and ask them to send you proof and then if they either don't or can't, then sar them.

[Lincsflier]

Debt to phone companies are the dodgiest of them all. Personally I would sar both O2 and lowells without delay.

 

Then again, you could do what I did and ask them to send you proof and then if they either don't or can't, then sar them.

 

Thanks Conniff do I ask Drydensfairfax or O2 or Lowell Potfolio or all three?

[Conniff]

Ask the last ones that demanded payment first and see what comes of that.

 

Don't do it on the phone though, never ever phone them, in a letter only, recorded is best.

[Lincsflier]

Ask the last ones that demanded payment first and see what comes of that.

 

Don't do it on the phone though, never ever phone them, in a letter only, recorded is best.

 

Letter going off in the morning recorded delivery.

[Bazooka Boo]

Just received one of their letters stating to pay in 10 days or they will commence legal proceedings.

 

Does it say 'will' or does it say 'may'?

 

If they have threatened legal action call their bluff and submit a CPR request.

[lincskitten]

Hi after some advice please reference a CCJ which arrived today and I have attached to this with the identifying portions redacted. To be honest I don't recall ever having an account with O2 and was surprised when this was received.

 

Any direction you could point me in and further action to take would be great.

 

Tried to upload scan but couldn't post a link unfortunately.

[citizenB]

If you follow the instructions below, you will have no problems posting your document.

 

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

go to one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

 

[citizenB]

If you can let me know what the date of issue is, then we can work out your timeline.

 

If you are still struggling with the upload, then if you just also type out what it says the claim is for, then we can help sort out if you need to obtain information.

[lincskitten]

[ATTACH=CONFIG]44541[/ATTACH]

 

Think that's all information removed etc. Thanks for your help in advance.

Edited June 15, 2013 by lincskitten

[citizenB]

Ok, you will need to request information if you don't recall this.

 

First of all, this is your timeline. You must stick to this otherwise they will obtain a judgment by default.

 

Date of issue - 12 June + 5 days for service = 17 June + 14 days to acknowledge = 1 July + 14 days to submit defence = 15 July 2013.

 

On or before the 1st July you should log onto the MCOL site using the details on the claim form and acknowledge that you have received the claim - you should tick the box that says you are intending to defend all that will give you until 15th July to submit a defence.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3. Statement of account showing how the amount claimed has accrued.

 

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

 

You need to send the following letter to the Solicitor [Dryden Fairfax]. This is a request for information that will help you defend your corner.

Send it via Recorded or Special Delivery.

[citizenB]

It might be a good idea to have a peek at your credit files as well to see if there is any mention of this account. If there isn't, then I would say that your defence would be simply that you deny everything - you have never had an account with this company - you have received no communication from either the Original creditor or Lowells in respect of this.

 

We can help you put together something in good time.

[renegadeimp]

Theres still a reference number showing on the claim form, under drydens address. And one of the barcodes is showing.

[lincskitten]

Theres still a reference number showing on the claim form, under drydens address. And one of the barcodes is showing.

 

Edited and reposted many thanks.

[renegadeimp]

Np

[lincskitten]

It might be a good idea to have a peek at your credit files as well to see if there is any mention of this account. If there isn't, then I would say that your defence would be simply that you deny everything - you have never had an account with this company - you have received no communication from either the Original creditor or Lowells in respect of this.

 

We can help you put together something in good time.

 

Thanks for all your help I've got the letter ready to post on Monday morning and I've had a look at my credit file and it is showing due to disability I haven't got the best memory to say the least.

[lincskitten]

Should this be signed or best to use a font signature?.

[citizenB]

You can print or sign digitally if you wish.

[lincskitten]

Thanks

[lincskitten]

Hi just a quick update to say that Drydensfairfax have replied :-

 

"We have requested the documents listed in your letter from our client and will forward them to you upon receipt.

 

We confirm that the account will remain on hold until your have received the documents and had a reasonable length of time to respond to the claim. "

 

This is the text that was received including bad spelling

 

Do I still need to respond using MCOL and what is a reasonable length of time?

 

Thanks

[renegadeimp]

If they have issued the claim then you still need to follow MCOL timelines or they will get a judgement by default. And they are bluffing you saying "reasonable amount of time". They get 12+2 days. Thats it, the debt is then in formal dispute. It just shows that they have issued the claim yet they havent even checked to see if they had the paperwork needed to do so.

[lincskitten]

AOS now submitted at MCOL and still haven't heard anything at all.

[lincskitten]

Hi again.

 

Letter to Drydens was posted on the 17th June and received and signed for on the 19th June. The acknowledgment was completed on the 28th June at MCOL.

 

Haven't heard a thing from Drydens and just wondered how long I should be leaving it before the next stage?. And what is the next stage please lol

[lincskitten]

Anyone help

[lincskitten]

Can anyone advise on the next steps I need to be taking with this please.