Drydensfairfax threatening letter, please help!

jond240

Hi wonderful people of MSE !!
I am really after some advice for my partner as this is causing her a lot of stress and has her very worried.

She received last week a letter from Drydensfairfax solicitors (never heard of them) and they say they are acting on behalf of Arrow Global (never heard of them either) in regards to outstanding debt dating back to 2004.

This is the first she has ever heard of this debt and there has been no contact from anyone at all about this alleged debt.

We are on the electoral roll and we have lived at the same address for 6 years + and have never received any form of communication reference the above.

My partners credit file on experian (992), clear score and noddle all show a near perfect score and no outstanding debts, defaults, judgements etc.

So to this end we sent a letter (from one of the templates on this site) stating she does not acknowledge this debt, believe it would be statue barred anyway and this was sent recorded delivery signed for.

since then she received another letter today saying basically the same thing about the alleged outstanding debt since 2004, but this time it also mentions about a CCJ entered against her (they have provided a claim number on the letter) in October 2017.

Firstly again we have lived at the same address for over 6 years (since 2013), she has never received any form of communication reference debt, or CCJ's etc etc.. these two letters over the last couple of weeks have landed straight out of the blue and has her really worried now.

We have double checked with all the credit agencies listed above and there are no CCJ registered against her, we even carried out a full check on Trustonline.org.uk and this showed no CCJ's whats so ever.

We are both looking to get a mortgage in the next 6 months or so and obviously this has us both now worried that something will suddenly appear on her credit file.

I would be really grateful for some advice, how can there be a CCJ against my partner entered in 2017 (alleged) and this not show on any records what so ever and no contact about it if it is real??

How can companies be allowed to get away with this??

Any advice welcome !!

Thanks in advance !

[Deleted User]

They seem to have the wrong person. They're just trying to track down someone with the same name - can't really blame them. People who owe money often have a bad habit of running away.

Just monitor her credit files but otherwise, you can forget about it.

[Deleted User]

1. Ignore the scores and ratings

2. If the debt is from 2004 then they couldn’t have issued a CCj in 2013 as this is past the 6 year mark for the debt being statue barred and not enforceable via court

3. If they continue to threaten you with letters then send them one back saying asking for a SAR in what information they hold on you and that if the information is indeed incorrect you will take them to the ICO

jond240

Hi, just a quick update.
We have done another search via the trust online site with the CCJ reference number.

Under this number we can see that there was in fact a CCJ raised in my partners name in 2017 against an address that she has never resided at (but the address she recognises was used by her ex-husband around 9 years ago). obviously this has come as a massive shock to her.

so to recap:
Allege debt 2004
CCJ against her name 2017 against an address she has never lived at or any connection to
First contact of any kind 2019

Any help or advice grateful appreciated as now my partner is in complete bits !!

[Deleted User]

She needs to send a prove it letter, to establish whether or not this debt is hers.

If not, she can then work at getting it removed.

Nasqueron

!!! wrote: »

1. Ignore the scores and ratings

2. If the debt is from 2004 then they couldn’t have issued a CCj in 2013 as this is past the 6 year mark for the debt being statue barred and not enforceable via court

3. If they continue to threaten you with letters then send them one back saying asking for a SAR in what information they hold on you and that if the information is indeed incorrect you will take them to the ICO

I suspect what they mean is that the debt was opened in 2004 but acknowledged as recently as 2007 then they could have got a CCJ in 2013 as the debt was coming to a point where it could be statute barred in order to keep chasing

jond240

Hi, thanks for your replys so far.

Just for clarity the CCJ was entered 2017 not 2013.

2004 date of agreement
2017 date of CCJ
2019 first contact of any kind from anyone

[Deleted User]

So is the debt one you actually owe/owed or not?

sourcrates

Hi,


It appears then the ex husband may have taken out this credit in her name, then obviously done a runner and not paid.

Its not showing on her credit file as she is not linked to the address on the judgement, so if things stay that way, your mortgage application could potentially still go ahead unhindered.

You/she were unaware of the judgement because all correspondance would of gone to the address they had on file for her, a big loophole currently being debated by parliament (if they ever get brexit sorted).

However, that does not deal with Drydens does it, a county court judgement can only be removed under certain circumstances, and that usually means a setaside application.
This type of cyber fraud is all too easy to perpetrate, a few details is all you need to commit fraud.

I would contact action fraud, and report it to them, here :


https://www.actionfraud.police.uk/


they should be able to advise how to deal with Drydens/Arrow global.

jond240

Hi

A bit of an update on my OP.

We have requested further information from Drydensfairfax on any information they hold on file reference the alleged debt, and so far no new information has been provided (I suspect they have none!) We have also raised a report with "Action Fraud" in the mean time as suggested.

We are looking to have the CCJ set aside and have the N244 form to complete along with sending in
a WS.

The issue we have is the WS wording, I have done some research on this fantastic site and can see plenty of examples of witness statements used by forum members to successfully have their claims set aside and also recover costs. However these seem to all relate to Parking Charge Notices.

In my partners case the alleged debt is fraud (by her ex-husband we suspect due to the address on the CCJ).

The advice we are looking for from you amazing people would be how to word the WS?
i.e. The address that the CCJ was severed at was an address that my partner has never resided at or has any connections to. (The address was known to my partner when we looked at the CCJ claim online as her ex-husbands girlfriends address, hence the suspected fraud)

My partner can provide evidence of an unbroken address history as far back as 2008 via electoral roll and HMRC, and our most recent address she has been on the ER since 2013 bearing in mind that the CCJ raised against her name was in 2017.

So she was easy to find and no reasonable effort was made to check her location.

Any advice anyone is able to provide would be gratefully appreciated as we both feel totally out of depth with this....

Thank you

System

Deleted_User wrote: »

can't really blame them.

What about the fact the OP is now out of pocket having to write recorded letters to the debt bullies? I personally would send them a bill for time and costs.