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Dryden Fairfax CCJ

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So today I’ve had a letter stating that Dryden Fairfax has gone to the court to issue a CCJ against me. I owe £3690 pounds from a credit card with nbna in 2005. Over the past 18 months I have asked Dryden to provide me with information on 10 occasions and have never had a reply (I have copies of all the emails I have sent on there portal), I don’t dispute I owe some sort of debt but I want to know how it got to the amount it is Dryden today have admitted they simply can’t provide statements dating back from 2005 as the original company arrow global don’t have the documents and the excuse give was that it’s because documents are now digital and back then would of been on paper. I’m looking for advice on what I can do I don’t want a ccj but I also don’t have 3690 to hand to clear the debt. I have not yet received any court documents and they said they have asked for the ccj to be issued on the 24th of this month. 
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  • fatbelly
    fatbelly Posts: 20,978 Forumite
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    OK. They can't just issue a ccj. Good grief.

    They can issue a court claim, which you can defend.

    But before that they must issue a pre-action protocol letter and you can reply to that as follows:

    https://debtcamel.co.uk/letter-before-claim-ccj/
  • paulcass83
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    This is the letter that came today I called them and they said they issued something to the court on the 5th and have given me a court reference. 
  • paulcass83
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    This is the emails I have sent Dryden Fairfax without response over quite a long period of time. 
  • RAS
    RAS Posts: 33,138 Forumite
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    That looks like they've taken it to court and won.

    Ring the court tomorrow and find out when and where the case documents were sent. They may have sent them to an old address? If so, you need to apply for set aside.
    The person who has not made a mistake, has made nothing
  • fatbelly
    fatbelly Posts: 20,978 Forumite
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    It sounds like they've issued a claim without a pre-action letter first.

    In addition they've ignored 9(?) emails asking for further details

    You will need to

    (1) acknowledge service, when it arrives
    (2) request a cca from the debt owner Arrow Global
    (3) do a cpr request to the dryden fairfax

    Details here
    https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim
  • paulcass83
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    RAS said:
    That looks like they've taken it to court and won.

    Ring the court tomorrow and find out when and where the case documents were sent. They may have sent them to an old address? If so, you need to apply for set aside.
    Is that possible? That’s the first letter I’ve had from them that mentions court. I’ve called them 3 times today and got different answers on the whole thing. I’ve even offered them a substantial lump and monthly payments to stop the action but they were not interested. 
  • RAS
    RAS Posts: 33,138 Forumite
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    Stop ringing Drydens. And don't make any further offers in any way, form etc.

    Ring the Northampton Court to tomorrow to find out what documentation they have got. 

    And follow fatbelly's advice. 

    You should be OK in the long run. Stop panicking.
    The person who has not made a mistake, has made nothing
  • paulcass83
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    RAS said:
    Stop ringing Drydens. And don't make any further offers in any way, form etc.

    Ring the Northampton Court to tomorrow to find out what documentation they have got. 

    And follow fatbelly's advice. 

    You should be OK in the long run. Stop panicking.
    I’ll try it’s got me really worried a ccj could be crippling for me. 

    I don’t dispute I owe money but I just want to make sure the amount is correct as I have made payments at some point towards this. 

    My biggest fear is I do all of this and I get a ccj anyway. Will the court actually listen to my defence? 
  • sourcrates
    sourcrates Posts: 29,394 Ambassador
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    edited 9 January 2023 at 6:31PM
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    OK, stop what your doing, stay off the phone, take a deep breath......and ........ r e l a x.

    Basically what has happened is they have issued a court claim against you for the card debt, the letter you have received is a bit ambiguous, but basically its telling you the claim form is on its way, and they would like you to settle beforehand blah blah blah, as yet, nothing is set in stone.

    Once the claim form arrives, follow the excellent advice from fatbelly (above) CCJ`s are not issued just on a creditors say so, you have every opportunity to defend the claim, and the links provided help you to do that.

    The reason why they did not respond to your emails could be because they have no proof of your liability for this debt, so they are chancing their arm, and upping the ante with a court claim.

    You need to stay calm, relax, and deal with this in the way described by Debt Camel, it`s more than likely the case will be dismissed due to no evidence, but even in the unlikely scenario that they win their case, you can re-pay the debt in affordable monthly instalments agreed by the court.

    The court is there to look after your interests as much as the creditors, so it`s important you do as advised, and respond promptly to all requests.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • paulcass83
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    That is the only document they have ever provided me in relation to the card, and the way it looks is the way they have sent it I can’t even find out how this document relates to an mbna or the card in question. 
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