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Drydensfairfax threatening letter, please help!

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  • snilloct1957
    snilloct1957 Posts: 211 Forumite
    Ninth Anniversary
    edited 17 June 2019 at 7:22PM
    From the Stepchange website:-

    "First you should ask the creditor for a breakdown of all the charges they’ve added. If your debt is regulated by the Consumer Credit Act you have a right to be supplied with a full statement of account showing all the charges and interest added."

    Contact Stepchange immediately for help with your case

    https://www.stepchange.org/debt-info/your-rights/disputing-debts-with-creditors.aspx
  • You can ignore the score for a start since it’s not a real thing or a factor used in lending.

    You’ll need to contact the agency and ask them to put the account on hold whilst this is all investigated.
  • ciderboy2009
    ciderboy2009 Posts: 1,243 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Car Insurance Carver!
    jond240 wrote: »
    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

    One thing to bear in mind - at the moment there is nothing that links the CCJ to her.

    However, as soon as you file an application to set aside the judgment then you will be creating that link as you are admitting that she is the person that they are seeking.

    There is no need to worry about bailiffs - in the very unlikely event that they do turn up they she just explains to them that she's not the person they're seeking, she's never lived at the address, never had an account with the claimant, has reported this matter to Action Fraud and informed Drydens Fairfax of all of this.

    In the meantime I would write a final letter to Drydens Fairfax reconfirming what they have previously been told and mentioning that, as they have not provided any proof that this debt has anything whatsoever to do with her, then any further contact will be reported to the Police as harassment (unless that contact is to confirm that they will no longer be contacting her).
  • One thing to bear in mind - at the moment there is nothing that links the CCJ to her.

    However, as soon as you file an application to set aside the judgment then you will be creating that link as you are admitting that she is the person that they are seeking.

    There is no need to worry about bailiffs - in the very unlikely event that they do turn up they she just explains to them that she's not the person they're seeking, she's never lived at the address, never had an account with the claimant, has reported this matter to Action Fraud and informed Drydens Fairfax of all of this.

    In the meantime I would write a final letter to Drydens Fairfax reconfirming what they have previously been told and mentioning that, as they have not provided any proof that this debt has anything whatsoever to do with her, then any further contact will be reported to the Police as harassment (unless that contact is to confirm that they will no longer be contacting her).

    ...or pursuing any action against her.
  • jond240
    jond240 Posts: 12 Forumite
    10 Posts
    Ciderboy,
    Ok thanks for that advice, really appreciate it.
    We will send a final letter to Drysdenfairfax and see what response (if any !) we get.

    I can't explain the amount of stress and worry this has created for my partner (she would worry if she received a parking ticket let alone this !)

    I find it so hard to believe that there is a system that allows these firms to apply for CCJ's without any due diligence carried out and not a shred of proof !

    I appreciate that there are people who look to avoid what they owe and ultimately this ends up costing us all through higher prices etc... But in my partners case it is blatant fraud, but it feels like the onus is on us to prove innocence rather than them to prove guilt !

    Thanks once again for advice and I will keep you posted on any progress.

    Jon
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