drydensfairfax solicitors

fatbelly

It's a shame you didn't check before you wrote the letter.

Anyway your options are:

(1) Pay it in instalments
(2) contact them with an offer in full & final settlement
(3) ignore them. You have stated it's statute barred. They have said it isn't until next April. They would have to start a court claim to prove their position.
(4) Move to Scotland

butterfly2014

The moving to Scotland part made me laugh.

Do you know whether they have much history of bothering to go to court for such an old debt?

Sorry to sound a bit daft but I just don't know when it comes to these companies.

Thanks for the reply x

sourcrates

You can never tell with these companies, they run through their standard series of letters with you, and hope you will bite, if you don`t, they may ignore you, or they may pursue you like the devil himself, it just depends on a wide range of factors.


Asking for proof of liability will keep them tied up for a good 6 months, in the mean time they will be bothering others instead of you.

butterfly2014

Thanks.They haven't sent me any proof just quoted the last date of payment.
Thanks

sourcrates

butterfly2014 wrote: »

Thanks.They haven't sent me any proof just quoted the last date of payment.
Thanks

Then you should make a formal request under sec 77/79 CCA 1978.


They won`t hold the correct legal paperwork, that is 100% guarenteed, it always stays with the original creditor, and they may not be able to find it, no paperwork means the debt cannot be enforced through the courts.

butterfly2014

Thanks.Do I just quote what you said above?

sourcrates

butterfly2014 wrote: »

Thanks.Do I just quote what you said above?

No, National Debtline have a mine of information on this, here :


https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx


They also provide the correct, updated template letter to send to your creditor, don`t forget to include a £1 postal order or cheque, to cover the statutory fee.

butterfly2014

Hi,

Just to update I did as you said above and have received a letter today returning the postal order.Also advising that they will let me know once they have heard back from my creditor.Fingers crossed.Thanks for everyones help.

Jonmsp74

Hi all, new to this but need some advice please. Have received a letter from Drydensfaifax about an old debt from 2006 saying they have sent a County Court Claim and then the next day I received the County Court Claim, my question is does this still stand and can they uphold the claim on such an old debt? I have not made any contact with them and I have a clean credit report. Please help.

sourcrates

Jonmsp74 wrote: »

Hi all, new to this but need some advice please. Have received a letter from Drydensfaifax about an old debt from 2006 saying they have sent a County Court Claim and then the next day I received the County Court Claim, my question is does this still stand and can they uphold the claim on such an old debt? I have not made any contact with them and I have a clean credit report. Please help.

Hi,


You must now defend the claim, a court can give judgement on any debt if its undefended, you risk a judgement by default if you do not do so.


If its been 6 years or more since the account defaulted and you have not been paying it, then the defense would be the debt is statute barred under sec 5 limitations act 1980.


If you have been paying till recently, then another stratagy will be required, look here for further advice :


https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues