Drydens, capquest and 4 months for a CCA… 4 July 2022 at 12:32PM in Debt-free wannabe 16 replies 564 views

Faye449

Afternoon all,

There’s nothing like a life laundry moment to make you wonder whether you have dropped the ball…

In April 2021 I received correspondence from Drydens re taking me to county court for an old capital one debt from 2008. I responded using the templates on here and requested CCA from capquest. I’ve not heard from Drydens since 6th May 2021 when they acknowledged receipt of my defence and capquest went silent until they sent me the attached on 26 September 2021 which I duly filed and forgot about. Going through paperwork now, that’s not what I expected a CCA to look like given it’s just a letter on their headed paper- is that right or are they trying it? Up to this point I’ve been paying the same monthly amount by SO to capquest and all I have received is 2 bi annual account statements.

sourcrates

That`s probably because its not a credit agreement.

Its a letter noting default sums added to your account, I suspect the two fee`s quoted on there are the cost`s incurred in taking this matter to court.

So that is not what you asked for, and therefore Dryden's are in default of your request.

Can I just ask, why, if your paying the debt monthly, are they taking you to court ?

And also, when did you start paying this debt, was there ever a clear 6 year gap when no payments or written acknowledgement were made by you ?

They also refer to "your running credit agreement" has this not been defaulted ?

Faye449

sourcrates said:

That`s probably because its not a credit agreement.

Its a letter noting default sums added to your account, I suspect the two fee`s quoted on there are the cost`s incurred in taking this matter to court.

So that is not what you asked for, and therefore Dryden's are in default of your request.

Can I just ask, why, if your paying the debt monthly, are they taking you to court ?

And also, when did you start paying this debt, was there ever a clear 6 year gap when no payments or written acknowledgement were made by you ?

They also refer to "your running credit agreement" has this not been defaulted ?

Thanks for swift response.

Good question. A letter from Drydens in Feb 2021 said “we are instructed to recover the balance owed to our client” and “you do not have an agreed repayment arrangement for this account” so presumably because I had not filled in their income/expenditure form and continued to pay the nominal £20/month I have been paying since 2009?

There haven’t been any gaps in payments at all and yes, I expect it defaulted back in 2008 or 2009 but I couldn’t say when exactly. 

sourcrates

Well that`s not a CCA, what was your defence incidentally ?

Because you can now add lack of CCA to it.

What stage are you at with the courts ?

Faye449

sourcrates said:

Well that`s not a CCA, what was your defence incidentally ?

Because you can now add lack of CCA to it.

What stage are you at with the courts ?

I did exactly what you told me to do last time 
https://forums.moneysavingexpert.com/discussion/6262032/drydens-capital-one-c-card-court-claim-form

I forgot I posted actually so thanks again for your help the first time. 

The last I heard from the court was on 30th April 2021 acknowledging receipt of my defence and saying that if the claimant wishes to proceed he must contact the court within 28 days or the claim will be stayed and the claimant would have to apply to a judge for an order lifting the stay. 

Does this mean they can’t prove I owe them the money and it can be written off? 

sourcrates

So the case has been stayed for over a year now, and Dryden`s response to your CCA request was to send you a "notice of default sums letter".

Sometimes you really couldn't make these things up you know, it just goes to prove how incompetent these companies actually are, and how they fight these cases on a wing and a prayer.

Your response now should be to send Dryden`s a short note, saying thank you for responding to my letter, however I made a request for a copy of my credit agreement under sec 77/79 CCA , what you have sent me is a "notice of default sums letter" which does not comply with my request under the act.

Therefore this account is currently unenforceable in court, and will remain that way until you provide what the act says you should provide, however long that may take.

yours sincerely.

Its my guess they will abandon the action, and you won`t hear from them again.

Faye449

sourcrates said:

So the case has been stayed for over a year now, and Dryden`s response to your CCA request was to send you a "notice of default sums letter".

Sometime you really couldn't make these things up you know, it just goes to prove how incompetent these companies actually are, and how they fight these cases on a wing and a prayer.

Your response now should be to send Dryden`s a short note, saying thank you for responding to my letter, however I made a request for a copy of my credit agreement under sec 77/79 CCA , what you have sent me is a "notice of default sums letter" which does not comply with my request under the act.

Therefore this account is currently unenforceable in court, and will remain that way until you provide what the act says you should provide, however long that may take.

yours sincerely.

Its my guess they will abandon the action, and you won`t hear from them again.

Brilliant, I’ll get on that right away.

I have another old barclaycard debt from the same era that has been passed around more times that I can count, would I be right to say that if Link Financial can’t provide the CCA that one is also unenforceable? 

sourcrates

Faye449 said:

I have another old barclaycard debt from the same era that has been passed around more times that I can count, would I be right to say that if Link Financial can’t provide the CCA that one is also unenforceable? 

Again, that would be the case, yes.

Faye449

sourcrates said:

Faye449 said:

I have another old barclaycard debt from the same era that has been passed around more times that I can count, would I be right to say that if Link Financial can’t provide the CCA that one is also unenforceable? 

Again, that would be the case, yes.

Only one way to find out then.

Thanks for all of your help 

Faye449

They’ve only gone and found the credit agreement and sent it to me 🤦🏼‍♀️

The letter says please see enclosed copy of the agrryand we look forward to hearing from you within 14 days. I’m not sure what I should do. Presumably they will apply to the court to lift the stay that was applied on 30th April? 

RAS

Might be worth popping a scan on here, all personalisation redacted, of course.