Fairfax Solicitors = Grrrrrrrrrrrr

mr.ton

This lot are starting to annoy me now.
They do not understand the basic principle of "account in dispute"
The fools ring me everyday & get nowhere, i give them credit for their persistence though.
Anyway to say that this lot seem to be a law unto themselves would be an understatement.
All the complaints have been made (OFT & co) - lets hope something is done about them soon.

bottleofred

Hi Mr.ton,

Like all debt collectors they tend to try to do what they like. I have put the contact me only in writing letter below in case you have not already sent it to them. And when they call again, tell them you only wish to communicate with them in writing. You may also have to remind them to stop phoning as some of them seem incapable of understanding even the most basic request!

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully

spursfan14

According to the OFT-

• Fairfax Solicitors can not force you to repay more than you can comfortably afford each month.
• If you make a reduced payment, Fairfax Solicitors can not refuse it.
• Fairfax Solicitors can not add charges as a penalty for non payment, other than to cover the real costs of collections activity.

I would suggest that you dont talk to debt collectors on the phone unless you are recording the call. Instead, communicate in writing. Send all your letters to them by recorded delivery and keep copies for your files. Then you can make sure they are not pull a fast one on you.

Don't let them get you down. If they break the rules, report them to the OFT. Knowledge and incite into regulations is the debt collectors biggest enemy.

Cheesedoodles

removed due to double post......

Cheesedoodles

I have excactly the same problem!

I am dealing with Fairfax on behalf of my wife. She was on a dmp with cccs but we decided to take over the dmp ourselves so that we could negotiate and overpay on some accounts (cccs only allows overpayments to be spread across all debtors).

On the dmp the account was with halifax. When we took over, we missed the deadline for the monthly payment by 2 days. We did write to halifax to explain why but they would not listen.

Fairfax took over 2 months ago and it's been hassle ever since. We have continued to make reduced monthly payments, but since they were madeto halifax and not fairfax, they are not reccognizing the payments.

We have sent letters back and forth for 2 months..even offered a settement figure, but heard nothing back. All they say is 'pay in full now or risk court action'.

Some weeks ao I sent a cca request.. They have acknowleded receiving it but still they are sending letters demandin full payment..i've not gotten the original sined credit aggreement yet....and I doubt I will.

I have told them the account is in dispute so they are legally not allowedto ask for monies...but they aree not listening.

The thing is...we were quite happy to continue the reduced payment to pay off the debt.....but their complete ignorance and threateningg letters makes me want to take this all the way. The account in dispute was opened in 1997...no way they have the got a signed agreement.....so it won't be enforced.

As I said...my wife is not runnin away from the debt..we have tried to reason with them...offering reduced payments and even a reduced settlement fiure. But they keep threatening court action and full payment.

And that's why I will atempt to get this written off...I won't give up! I have copies and proof of delivery for all letters...bring it on! If they weren't acting like idiots we would happily continue to pay...but since they won't listen we'll play the same game back.....and I know we will win..

katclay63

I have an outstanding debt which fairfax solicitors have got involved in. I made them an offer of £30 a month and they were sent an income and expenditure form. This offer was rejected and now I have received a judgment for claimant notice from the court demanding that I pay £282.70 month! They ay I owe £339.20 plus £135.00 costs, this is a total of £474.20 but 2 payments at £282.70 is a total of £565.40! How does that work? does the court not even look at my income and expenditure? I haven't got that sort of money spare. Somebody please help me I don't kno what to do and I'm so scared about it

dancingfairy

O.k - did you get notice they were taking you to court? you may be able to get the judgement cancelled and have a new hearing. Where did the judgement come from? was it Northampton - this is the bulk processing centre.
Did you send any defence in? did you send the income and expenditure form to the creditor or to the courts?
So many questions I know.
Your best bet is to try and overturn the judgement if you didn't get paperwork or asked to defend and weren't told of the hearing etc - if you have grounds of appeal.
If not then your next best option is to get a redetermination I think it is called - whereby you ask to pay in installments.
Have a look on National Debtline's website as they have useful factsheets that may help you.
Also it may be worth having a look on the courts website to see if you can find the forms you need to get the judgement overturned or redetermined.
If you get stuck you can always phone National Debtline and also try your local court - they may be able to explain which form you need if you explain what's happened and that you want to appeal against the judgement.
Hopefully others with more knowledge can help you further.
df

Amanda1402

Do I have to fill in the financial questionaire from Fairfax and more importantly do I have to provide bank statements and wage slips? Do they have the right to ask for these things? I have only dealt with them in writing and I have made 3 monthly payments to them that they have accepted and yet say that I have no arrangement made. I kinda thought that as I made the proposal and they have taken all 3 payments that in effect they have agreed the arrangement - am I wrong? Could someone pls help... I can see this getting messy Thank you

pure_dead_dopey

nope they have no right to ask for any of your private papers, tell keep paying the amount you are paying and don't talk to them on the phone. They have very little power, only a court can order you to reveal your total I&E, and they are certainly not a court

showmethemoneyuk

how can I find out how much I have left to pay the solicitor, without having to phone them each time? its for a halifax bank debt, and so far 5 days after my first payment, it isnt showing up on the account I am trying to clear, on the official bank website-should this be the way it works?

Clark_Gwent

I am having trouble with Fairfax. I do not owe the money. I have told them several times that I do not owe the money. I have confirmation from the persons who are/were employing Fairfax to pursue me, in writing, in two different forms, that it was a mistake and I do not owe the money. Today I received some patronising guff from them telling me how very very serious things will get for me if I do not pay up the sum I do not owe immediately. Also I got 2 phone calls in last 24 hours which I did not answer (as per advice above).

Apparently, if I do not pay, they will send a MAN to my house! What should I do? (A) contact them, tell them YET AGAIN that I do not owe the money? or (B) ignore them on the grounds that I do not work for them, have told them enough times, wait for the guy to show up and then show him the bits of paper stating that I do not owe the money? (C) Yet a third thing which I have not considered? I favour (B) myself!