Drydensfairfax threatening letter, please help!

[Deleted User]

Then that's what you can advise the OP to do.

I don't see how that's related to my comment.

jond240

Hi,

Following on from my original post my partner is looking to have this CCJ set aside and was looking to submit with the N244 application the following below as supporting information:

I would be really grateful for any constructive feed back?



I am XXXXX and I am the Defendant in this matter.
This is my supporting Statement in support of my application dated 17/06/2019 to:
· Set aside the Default Judgement dated 27th October 2017 as it was served at an address I have never resided at or have any connection to.
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in October 2017. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until I received a letter from the Claimant dated the 7th of March 2019.
I understand that this Judgement was served at an address I have never resided at or have any connection to “ADDRESS XXX~XXX”. In support of this I can provide confirmation by means of HMRC & Electoral Roll showing my address history and that I have resided at my current address since 2013.

1.2. I have never held any financial products from the original stated creditor “Marks & Spencer Financial Services Ltd” or received any previous documentation or communication from the Claimant in this matter and I thus was never able to challenge the Claimant’s claim.

1.3. The Claimant states that the last recorded payment received by the Claimant for the sum of £55.00 was on the 1st of August 2013. I can provide supporting information by “National Westminster Bank” that no payments were made on this date, or any date previous or thereafter to the Claimant or any connected third parties.

1.4. I believe I am a victim of fraud and have reported this to “Action Fraud” under reference No. NFRCXXX-XXXX. I also advised the Claimant of this action on 25th of March 2019.

1.5. I believe the Claimant has behaved unreasonably in persistently pursuing a claim against me without ensuring any due diligence was performed of the validity of the claim, and obtaining the Defendant’s correct contact details prior to applying for the judgement. According to publicly available information my current address was easily obtainable. The Claimant’s failure to use correct information and current addresses results in an unnecessary burden for individuals and the justice system across the country.

1.6. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.

1.7. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.






2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a debt recovery agent which seeks to claim for “Outstanding debts” which the Claimant believes are due as a result of an alleged breach of the original “Credit Agreement”.

2.2. I believe the Claimant has purchased details of the alleged outstanding debt including the Defendants Name and D.O.B, and used these details to make a judgement claim against the Defendant. I thus dispute the claim in its entirety as I have never entered into any signed “Credit Agreement” with the Claimant nor do I know the means by which the contract was alleged to come into force and believe the use of my name and D.O.B has been used fraudulently to obtain credit.

2.3. The Claimant has provided no evidence on request that the Defendant entered into any alleged agreement. The Claimant has also not provided any supporting documentation relating to this matter in the form of a “Statement of account”, “Payment Account Details”, or any evidence of previous communication prior to the judgement.

2.4. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:

2.5. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract
2.6. No contract entered into with the claimant: Any contract must have offer, acceptance and consideration both ways.

2.7. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

2.8. In order to make informed decisions and statements in my defence I will require copies of all documentation relating to this alleged matter from the Claimant.



Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

[Deleted User]

If the debt is indeed a fraudulent account then why are you paying to get it set-aside?

jond240

Hi Gary,
There is still a CCJ against my partners name and D.o.B outstanding because of the this fraudulent activity so I assume this would be the only way to have this removed (via set aside)

snilloct1957

Mention the fact that you believe the loan was obtained by fraudulent means by her ex-husband who submitted her details on the loan application. Supply his details to the claimant, stating that he is guilty of fraud and should be pursued for the debt.

jond240

Snilloct,

Thanks, unfortunately the collection agency do not seem bothered about this detail !!
They have my partners Name and D.o.B but her ex husbands girlfriends address.

We believe that he does not live at this address anymore and has not done for some time.
Looking at public available info he left that address around 2014 ish (prior to the CCJ being severed)

The last contact of any kind my partner had with him was 2011.

Sorry its all a bit complicated !

[Deleted User]

They should take interest in it.

Report them to the FOS or ICO.

ciderboy2009

jond240 wrote: »

Hi Gary,
There is still a CCJ against my partners name and D.o.B outstanding because of the this fraudulent activity so I assume this would be the only way to have this removed (via set aside)

But if this is not showing on any of her credit reports then it won't be affecting her in any way. Therefore no need to get it removed.

Personally I wouldn't have answered the initial letter - there's clearly no way that they can confirm 100% that she's the person they're after if she's never lived at the address they hold for her and she's never had credit with M&S

jond240

Ciderboy

Thank you for your reply.
You are correct that currently this CCJ seems to have no impact on my partners ability to secure credit (she has just had a new car lease agreed).

However it was the worry of continuing threating letters and also the possible threat of bailifs (this hasn't been mentioned by the debt collection agency as of yet) is what keeps my partner up at night, even though the alleged debt has absolutely nothing to do with her at all.

We really are both at a loss what to do to be honest.

She has reported it to 'Action Fruad' and told the debt collector this but they continue sending threating letters.

However there is an active CCJ against her name and D.o.B which as mentioned is not currently affecting her credit score (Experian for example is 994) which had her panicked about.

At a loss!!
Do we go for a set aside to try and remove the CCJ.

Do nothing, however still have the threat of more letters and a possible visit to the house ? (She comes home from work everyday dreading another letter, or worse I work away from home a lot and she fears a baliff at the door while I am away working).

They have provided absolutely no proof (there is none to be had !!) That she is liable for the debt but still they persist

snilloct1957

I was under the impression that as soon as you dispute a claim by a debt recovery agency, they have to back off and stop writing letters/threatening action until the matter is confirmed. Someone will correct me if I'm wrong...