Drydensfairfax

Chickenlegs

I have an old unsecured loan that I haven't made any payments to for just under 4 years now. I did have an agreement with CCCS? under which i was making small payments but was still getting letters telling me I wasn't paying enough. As I said just under 4 years ago I stopped payments altogether. I have since moved house twice and have as I thought I would periodically received letters from DCAs regarding the loan. The original loan was with Lombard, and seems to have been passed around quite a bit but of late seems to be with Arrow who by the looks of it are trying different companies (Ive had letters from Arrow saying X now has it, letter from X, then a new letter from Arrow saying Y has it etc). The latest 2 letter are from Drysdenfairfax. The latest letter says they hold instructions to issues legal proceeding with a view to obtaining a CCJ. Once they have a CCJ their client may look to enforcement action including one of the following........... I have not responded to any letters in the last 4 years. Whilst I know the debt is mine, I am in no position to make any payments to them. Any advice welcome

sourcrates

Hi,
Well I don't know what advice you are looking for, if you are not in a position to make any payment, I would suggest you write and tell them that.
Legal action is often threatened, but does not always happen, however the possibility is always there.


its up to you weather to risk it or not, can you not afford to pay anything towards the debt ?

happy_bunny_2

I wouldn't ignore Drysden Fairfax.

Have they sent info that proves its yours? You could send the prove it letter.

When was the loan taken out?

How much is it for?

Can you pay even £1 per month?

fatbelly

Yes, I think I agree with HB. It's not 100% certain that Drysdens will actually commence court action but if Arrow were to do so, they would quite likely use them to do the donkey work.

So a prove-it (perhaps followed by a cca request if a copy of the original agreement isn't forthcoming) might give you something to hang a defence on, if it happens.

Chickenlegs

The original loan was taken out in around 2004/5 ( I can find the original paperwork) They've sent no paperwork, just the letters. from the letters I have kept, it looks like the loan was transferred from Lombard to Idem Capital Securities in 2011 and then various DCAs since. The balance outstanding is £14000 (I know its a lot before anyone judges)

happy_bunny_2

In that case, prove it letter first. See what comes back.

Then, send a CCA request. If they don't gave the signed original, court action can be defended on that basis. On debts that old, paperwork can be iffy, scarce, especially when sold on.

The only reason I asked the amount is that will influence what they do to some extent.

HB

happy_bunny_2

You having the original may be useful, in case it comes to checking with anything they send and the info mandated under the consumer credit act.

Chickenlegs

Cheers happy-bunny, how dies the amount affect their action?

happy_bunny_2

More it is, more likely to pull out all stops to get it.