Dryden fairfax
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Altereg0
Posts: 9 Forumite
Hi i just received a letter from drydensfairfax myself. Ive not heard a peep out of them for maybe 7 years now. When they were called just Fairfax. i have been paying by standing order an amount each month since 2011. I had actually forgotten mostly about it and i have to admit its been peace of mind not being chased. But the letter they sent to a previous address states they have not been able to make contact with me and say the remaining amount is now due. My number has never changed in 11 years and i know they should have it and i have not heard anything at all from them. Also i have always been on electoral roll to vote so i am not hiding and they could have contacted me at any time. Thing is i want to pay the money back as i alway believe in paying what you owe. My concern is that they want all the money outstanding which i cannot do. but can increase the standing order so that it is clear within 1 year.
I do not know much about the company or how they behave. But would they agree to this? Are they legally bound to accept this or will they push for full payment? Which i cannot make.
Thank you
I do not know much about the company or how they behave. But would they agree to this? Are they legally bound to accept this or will they push for full payment? Which i cannot make.
Thank you
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Comments
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Hi,
Best to start your own thread, so i have moved it for you.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-letter0 -
i just received a letter from drydensfairfax myself. Ive not heard a peep out of them for maybe 7 years now. When they were called just Fairfax. i have been paying by standing order an amount each month since 2011.
. . . . I do not know much about the company or how they behave.
DrydensFairfax Is a firm of solicitors who also double as debt collectors (a dual role which I personally feel isn’t a good thing - but that’s a separate issue).
What is the debt you’ve been paying them for the last 7 years?
Was it a county court judgment which could have monthly payments due spelt out in an Order, or was it a debt they have been collecting on behalf of a debt purchaser etc?
Di0 -
Hi its an old debt that was originally from barclays Credit card and debinhams store card. it went to max recovery and then to fairfax. before though it got to fairfax it was wrapped up in an IVA, but i learned that those who managed the IVA were not paying off my debtors and there excuse was that they had to pay themselves first (their charges for doing the IVA). from a debt of around 18k, after a year and a bit playing 200 per month it seemed my debtors only had a few quid out of what i had so far paid. So i stopped paying and canceled the IVA as i had no faith that they would pay the debt that they had told me would be paid through IVA. After which I contacted the 3 main debtors where each of my debts now sit and set up a standing order with each. I have been very bad in neglecting it really and should have ramped up the amounts being paid but in that time i had kids and various jobs so other things just took over. But to ease my concerns over the recent letter, i would like to know my options, hopefully to help ease my concerns really. that they will accept an increase in payments and to pay it off within a year.
thank you0 -
no advice?0
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Send a CCA?Shampoo? No thanks, I'll have real poo...0
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Cancelled the IVA ?
An IVA is a legally binding agreement, you make your payments to your IP, they distribute the funds to your creditors at certain intervals during the arrangement, they also take their fees, what is left goes to the creditors, that’s how it works.
Why on earth did you cancel it ???
That was your chance to clear the debts once and for all.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-letter0 -
old debt that was originally from barclays Credit card and debinhams store card.
. . . . I contacted the 3 main debtors where each of my debts now sit and set up a standing order with each.
. . . i would like to know my options, hopefully to help ease my concerns really. that they will accept an increase in payments and to pay it off within a year.
You have three outstanding debts. One was a Barclaycard, one was a Debenhams Store Card, and a third one (what was that at the outset?).
Are these three debts still with the original creditors or have any of them been assigned (sold) to a debt purchaser?
You say you've had a letter recently which has made you concerned, so what did the letter say and/or was it a formal 'Letter Before Claim'?
I sense your worry is that they will not accept your offer to pay them off over the next year, by increasing your payments, so why not send each one a s 77-79 CCA Request to see if they are enforceable. If the debt owner can't comply within the statutory time frame then the debt becomes unenforceable in court until or unless they do comply.
In the very least that could give you some negotiating power when trying to agree your new payment schedule (for any of them which are unenforceable).
Di0 -
Hi what is a CCA or a 77-79 CCA?
Currently paying 3 debtors by standing orders for several years. its my fault that i had not been able to clear them off quicker but never really had large sums to spare. But i should have increased the amounts at least. Only 1 has written to me in past 7 years which is from drydenfairfax. I canceled the IVA man y years ago as i said they didnt send anything to creditors and i was not made aware at the outset that they would take out there fees first. At the time I had to make a decision and i just didnt trust them, plus when i contacted one original creditor with the most owed they were literally only paid a few quid after a year.
I have since increased the standing order in the meantime.
Thank you0 -
what is a CCA or a 77-79 CCA?
Someone on this forum may be able to link you to a template letter for the s 77-79 Consurmer Credit Act Request.
As I've previously said, the consequences of a debt owner not complying with your CCA request is the debt becomes unenforceable unless or until they do comply.
It (non compliance) also protects your legal positon if court proceedings are issued.
Di0
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