Dryden Fairfax CCJ

RAS

Thanks sourcrates. 

I hadn't read down to "a CCJ, if obtained...."

OP, apologies for freaking you out.

What looks like happening is that Dryden's are sending a County Court Claim. You need to defend that, as per sourcrates' advice.

So keep you eyes open as the post can be a bit hit and miss.

You defend as per debt camel. You can prepare the letter requiring further information now, but wait for the court claim to arrive.

Given how old this debt is, was there ever 6 year period when you paid nothing?

sourcrates

paulcass83 said:

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? 

What is your defence?

The only defence a court will recognise is you either owe the money, you don`t owe the money, or you dispute the amount owed, that is it.

Also why would a CCJ be crippling to you, can you please explain.

paulcass83

RAS said:

Thanks sourcrates. 

I hadn't read down to "a CCJ, if obtained...."

OP, apologies for freaking you out.

What looks like happening is that Dryden's are sending a County Court Claim. You need to defend that, as per sourcrates' advice.

So keep you eyes open as the post can be a bit hit and miss.

You defend as per debt camel. You can prepare the letter requiring further information now, but wait for the court claim to arrive.

Given how old this debt is, was there ever 6 year period when you paid nothing?

I don’t know if there was ever a 6 year period but it’s possible with it been over such a long period. 

paulcass83

sourcrates said:

paulcass83 said:

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? 

What is your defence?

The only defence a court will recognise is you either owe the money, you don`t owe the money, or you dispute the amount owed, that is it.

Also why would a CCJ be crippling to you, can you please explain.

My only dispute is how much is owed as per the agreement Dryden have provided the credit limit was 3k it may have gone up I don’t know but I know I have paid some money towards the debt over the years.
i 100% owe them something and don’t dispute that. All I’ve ever asked them for is statements from 2005 to present day the excuse used today was that in 2005 it would of been on paper so will have been lost, I’m not sure that’s acceptable or not to the court?? 

I don’t really understand a ccj but I presume it would stop me obtaining credit I run an electrical business and all of our equipment is bought on credit and paid for 30 days later I’m not sure my suppliers would trust me if I had a ccj and I’m also in the process of moving house so I’m guessing it would effect the mortgage. 

fatbelly

Well that document, whatever it is, appears to be dated 05 so they would have to show that the debt was acknowledged up to and beyond Jan 2016.

Don't admit anything in writing. Get the form, acknowledge it and then take advice

paulcass83

fatbelly said:

Well that document, whatever it is, appears to be dated 05 so they would have to show that the debt was acknowledged up to and beyond Jan 2016

Is that document acceptable to a court? That’s all I have and it’s exactly as it is on screen they uploaded it to my customer portal that way. I have made payments against the debt and I think I have made them after 2016 

RAS

Ok, you really need to look at this more effectively.

Answer sourcrates' questions. 

You say you accept that you had the account back in 2005. But there are legal reasons it may be still actionable, and reasons it may not.
 
You can not legally "acknowledge the debt" and argue that you shouldn't be given a CCJ. If granted the CCJ would be payable at the amount reasonable for your financial situation.

You can claim the documentation is such that the debt is unenforceable. You can claim that the debt is statute barred if there's been no payment for 6 years, and you've not acknowledge the debt in writing.  

Which is why it is essential that you stop panicking. Your phone calls today aren't written acknowledgement, but if you panic like that it's all to easy to make written acknowledgement by accident.

fatbelly

I can't read very much on it. The date does appear to be 2005, and that would make it pre-April 2007 where extra rules apply.

paulcass83

RAS said:

Ok, you really need to look at this more effectively.

Answer sourcrates' questions. 

You say you accept that you had the account back in 2005. But there are legal reasons it may be still actionable, and reasons it may not.
 
You can not legally "acknowledge the debt" and argue that you shouldn't be given a CCJ. If granted the CCJ would be payable at the amount reasonable for your financial situation.

You can claim the documentation is such that the debt is unenforceable. You can claim that the debt is statute barred if there's been no payment for 6 years, and you've not acknowledge the debt in writing.  

Which is why it is essential that you stop panicking. Your phone calls today aren't written acknowledgement, but if you panic like that it's all to easy to make written acknowledgement by accident.

Yes I accept I had an nbna account I don’t know if it was in 2005 or not but I accept I did have one and I also don’t know how much I had on the account. Other than the document Dryden Fairfax have give me, I have basically taken there word that the amount and the docs are for that account. 

I’ve not made any written acknowledgment of the debt.

I don’t think the debt will be statue barred. 

paulcass83

I have just been back through everything I’ve had and arrow global did provide a statement from 20-09-2020 to 16-06-2021 and stated in the letter this was the only statements they were able to provide. I have since requested statements from 2005 but never had a response.