Fairfax was Eversheds advice for friend

lisagood

Hello.

I am trying to help a very worried friend with a debt of approx £17200 which she is being chased for by Fairfax Solicitors (was Eversheds).

The original debt consisted of a Barclays Credit Card from 1999 and a Barclays Bank loan from 2004. She was paying both of these via an IVA but stopped paying when she was made redundant in June 2008. She didn't hear anything for over a year then started to get a couple of letters which she ignored.

She has since moved address and is now getting more letters with her new address details on, and they seem to be making calls to her mobile phone (ignoring the calls but a google search on the number points to Fairfax Solicitors).

So, she wants to start doing something to try and get the situation resolved, but doesn't know what to do and is quite anxious about the whole thing. She is working, but fairly low paid and only on a temporary contract for 6 more months, so is not in a position to begin a new IVA.

I want to help her, and having read these forums think that she should not yet accept liability for the debt but send them a CCA letter first? Or maybe even just carry on ignoring them?

If anyone has any other advice though that would be really great.

Thanks for reading..

lisa

Tixy

Hi Lisa

Were the 2 barclays debts the only debts in the IVA? If there were other debts has she repaid them since?
Do the letter from fairfax actually say this relates to the barclays debt? she could first send the prove it letter http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2 and if they do send proof of the debt and proof they have the right to collect it could then consider requesting the CCA.

If she still has other debts as well as these then I would advise her to contact one of the debt charities for advice.

10past6

lisagood wrote: »

She was paying both of these via an IVA but stopped paying when she was made redundant in June 2008

An IVA is a legally binding contract, what action / correspondence did she receive when the IVA failed?

lisagood

10past6 wrote: »

An IVA is a legally binding contract, what action / correspondence did she receive when the IVA failed?

She received letters from the company administering the IVA, advising that the IVA had now ended and they are no longer acting on her behalf, and that they had notified her creditors.

There were some other smaller debts bundled with the IVA but none of the other creditors have been in touch with her.

10past6

lisagood wrote: »

She received letters from the company administering the IVA, advising that the IVA had now ended and they are no longer acting on her behalf, and that they had notified her creditors.

As the IVA has failed, there is the potential risk any of her creditors "Could" pursue a BR petition.

I suggest she considers a DMP, click on "here" link within my signature to seek further advice from the organisations listed.

Also, click here and contact the free-phone number listed re guidance on the failure of the IVA.

lisagood

By 'BR Petition' do you mean bankruptcy?

If so, what steps would have to be taken before they initiated that process?

Many thanks.

lisagood

UPDATE..

Sent this letter on 20th May...

Dear Sir/Madam

Ref: ##########

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to Barclays.

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

Yours faithfully

(typed name)

Received a reply dated 27th May which says....

We refer to your letter of 20th May 2010 the contents of which we note.

With regards to your advice that you have no knowledge concerning the outstanding claim we do advise that we are seeking our client's instructions and we will reply to you under separate cover to verify the claim.

With regards to your concern for a doorstep call, please be advised that any such attendance would be compliant with the Office of Fair Trading guidelines.

---

Any comments? Mildly threatening re: the doorstep call?

thanks