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Providing proof of debt query

yoshiyella
Posts: 608 Forumite


Hello All,
I received a letter from Drysden Fairfax saying they had been given a debt in my name from Cabot. The debt has not been acknowledged nor payment made on the account since 2007.
I sent an email asking for proof that it wasn't statue barred. They responded a week later saying I need to copy and paste the following back to them via email.
" [FONT="]We are happy to correspond with you by email but we need your written consent stating that you are happy to receive email correspondence and confirming that your email address is secure.[/FONT]
[FONT="] [/FONT]
[FONT="]You can provide that written consent by email, stating the following:[/FONT]
[FONT="] [/FONT]
[FONT="]'I expressly consent to drydensfairfax sending my personal data to this email address and confirm that this email address is secure to me. I acknowledge that it is my responsibility to ensure that the email address remains secure. I may withdraw this consent at any time by written notice to you.'"[/FONT]
[FONT="][/FONT]
[FONT="]I wrote back stating that they now only have 14 days in which to provide proof.[/FONT]
[FONT="][/FONT]
[FONT="]Today (a month later) they send the same message.[/FONT]
[FONT="][/FONT]
[FONT="]Can anyone advise if my email was sufficient or do I need to send a letter recorded delivery for it to hold up in court?[/FONT]
[FONT="][/FONT]
[FONT="]
[/FONT]
I received a letter from Drysden Fairfax saying they had been given a debt in my name from Cabot. The debt has not been acknowledged nor payment made on the account since 2007.
I sent an email asking for proof that it wasn't statue barred. They responded a week later saying I need to copy and paste the following back to them via email.
" [FONT="]We are happy to correspond with you by email but we need your written consent stating that you are happy to receive email correspondence and confirming that your email address is secure.[/FONT]
[FONT="] [/FONT]
[FONT="]You can provide that written consent by email, stating the following:[/FONT]
[FONT="] [/FONT]
[FONT="]'I expressly consent to drydensfairfax sending my personal data to this email address and confirm that this email address is secure to me. I acknowledge that it is my responsibility to ensure that the email address remains secure. I may withdraw this consent at any time by written notice to you.'"[/FONT]
[FONT="][/FONT]
[FONT="]I wrote back stating that they now only have 14 days in which to provide proof.[/FONT]
[FONT="][/FONT]
[FONT="]Today (a month later) they send the same message.[/FONT]
[FONT="][/FONT]
[FONT="]Can anyone advise if my email was sufficient or do I need to send a letter recorded delivery for it to hold up in court?[/FONT]
[FONT="][/FONT]
[FONT="]
[/FONT]
0
Comments
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Dear Dumdums. I am happy for you to reply by registered post so no consent is required Please do this without delay, otherwise I will have no choice but to make a complaint to the SRA, the FCA and if applicable the Financial Ombudsman and other bodies.Still rolling rolling rolling......
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SIGNATURE - Not part of post0 -
It's up to them to prove to a court it's not SB, they will likely make up a payment.
I would do as Rizla says.:beer:0 -
Thanks - I have now done as Rizla said
Minus the DumDums part, haha!0 -
depends what the op sent in his first email, after all we have one side hereDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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Received a letter from Drysden Fairfax with a print out of transactions apparently made on a Vanquis account - they are claiming that for the whole year of 2008 I was making payments of £50 a month towards this debt up to 15th January 2009 and in their eyes not statute barred. However, I refute making these payments - have sent them correspondance asking for the bank details of these payments - is there anything else I can do?0
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If you are sure you didn't make those payments then it's up to them to prove to a court you did. Just tell them that.:beer:0
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Hi All,
I had sent a letter to them asking for proof that these payments were made by mysekf and have today received a response stating the following:
"In reference to your query stating that you have not made any payments since 2007 we can confirm that the statement previously sent to you shows clearly when the last payment was made"
Can anyone advise what I should respond as I am adamant I have not made any payments since June 2007 on this account and the statement shows that I allegedy made the first payment just before they defaulted me and so I know I would not have made this payment if that had been the case! Any help and advice wold be grateful!0 -
They would have to convince a court that you made these if disputed by you.
Maybe send a SAR to Vanquis? They may still have the account history.
Presumably the account was still with Vanquis when they claim the payments were made?:beer:0 -
happy_bunny wrote: »They would have to convince a court that you made these if disputed by you.
Maybe send a SAR to Vanquis? They may still have the account history.
Presumably the account was still with Vanquis when they claim the payments were made?
Not sure as Cahoot then took on the debt but they argue that payments started a couple of months before I defaulted however I know I spoke to Vanquis in August 2007 and they said that I would default and I remember arguing with them in March 2008 saying if they had accepted my interim payment plan back in August then the alleged default amount would not have existed which is why I know no payments were made.
Would a copy of the Vanquis statement that they have hold up in court as proof of payments? Or because I deny them would they have to prove that they were actually made?
Thanks
Simon0 -
yoshiyella wrote: »Would a copy of the Vanquis statement that they have hold up in court as proof of payments? Or because I deny them would they have to prove that they were actually made?
Regardless of all the bravado the DCA may come out with,
ANYTHING that they will rely on in court will need to be backed up with cold, hard, evidence.
They can spout there rhetoric till they are blue in the face, its all totally worthless hearsay without the evidence to back it up.
Bottom line, they HAVE to prove to the court, beyond reasonable doubt, that the payments were made by you, on that particular day, end of !!!I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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