Drydenfairfax solicitors

Black2406 · 10 March 2019 at 9:00PM

Hi I'm hoping for some advice,
In october 2018 my OH received a letter from Arrow Global which was titled peridic statement, in this it claimed they had obtained a debt for £5000 from New Day, my OH knows nothing of this debt. The letter states the agreement was taken out with New Day Sept 2011 and assigned to Arrow Ocotber 2016 but this is the first we've heard of it. My OH called arrow and told them he didn't know anything about the debt and would not acknowledge it, they confirmed to him on the telephone that no payments have ever been made to this debt and it was for a store card but that was it, he then asked them to send proof as in a credit agreement to which they said they didn't have it. He then also pointed out to them that the debt was statue Barred as it was over 6 years old, Arrow then said they would remove his name from the files.
8/03/2019 we receive another letter from Arrow informing us that the management of the account has now been transferred to Drydenfairfax solicitors, we then receive a letter from Drydenfairfax on 09/03/2019 demanding payment in full by 14/03/2019.
I have downloaded the prove it letter as yet we still have no idea what this debt is, just want to check I am going about this the right way to send the prove it letter recorded delivery and wait for their response?

sourcrates · 10 March 2019 at 9:25PM

Hi,

Yes, send provit letter first, they have to prove your liability.

Newday are the finance behind brands like Argos card.

See what they come back to you with, statute barred responses must be sent in writing never just verbally.

Black2406 · 10 March 2019 at 9:47PM

Thank you, I will send recorded delivery tomorrow.

Could this be why they didn't remove his details from the file as it was discussed over the phone? BTW never had an argos card so still unsure what the debt is? Only store card either of us has ever had was me when I was in my early twenties and it was a sears card was paid off many moons ago :-)

sourcrates · 10 March 2019 at 10:31PM

Yes most likely, things said over the phone cannot be proved at a later date can they.

Black2406 · 20 July 2019 at 12:09PM

Hi update,
So we have received from Drydenfairfax copies of statements which show no payments being made only what’s appears to be them moving the money arriund and adding fees, the credit agreement has our address slightly incorrect and my oh has not signed it his name is printed and dates 2011. From what we can make out this is for an Asda card which we’ve never had?
What do I do now do I send the statue barred letter? Thanks in advance

fatbelly · 20 July 2019 at 12:23PM

I'd send the hybrid letter - post 5 here

https://forums.moneysavingexpert.com/showthread.php?t=2606811

as long as the default date was before July 2013

Black2406 · 20 July 2019 at 2:38PM

So how do I know what the default date was? They have only sent a statement from 2014 but the agreement was taken out in 2011.

sourcrates · 20 July 2019 at 2:48PM

Black2406 wrote: »

So how do I know what the default date was? They have only sent a statement from 2014 but the agreement was taken out in 2011.

If you don`t know, then there`s a fair chance they won`t know either.

I would just go ahead and send the letter, stay off the phone to them, see what response you get fom that.

They have admitted they have no agreement, which pretty much kills this dead in the water anyway, as its a very good defense to any court claim.

nic_c · 20 July 2019 at 2:59PM

Has he checked his credit files for any defaults? Sounds like the card was taken out online or over the phone so it's an electronic signature, if slightly incorrect then probably taken out over the phone unless person online purposely misspelled address. Not sure I get what you mean moving money around, from where to where? I assume they will say its not SB if payments have been made on it.

Black2406 · 22 July 2019 at 12:52PM

Hi the statements show a “payment received” line then directly underneath “payment reversal” for the same amount then the next 2 lines are returned payment fee and late payment fee. They have included a summary for 2014-2015 which shows no payment was made throughout the whole year. When oh first received this from arrow last year he did call them and they confirmed that no payment had been made from when it was taken out in 2011. I think I will send the hybrid letter and see the response I get
Thank you for your help guys

sourcrates · 22 July 2019 at 1:48PM

Black2406 wrote: »

Hi the statements show a “payment received” line then directly underneath “payment reversal” for the same amount then the next 2 lines are returned payment fee and late payment fee. They have included a summary for 2014-2015 which shows no payment was made throughout the whole year. When oh first received this from arrow last year he did call them and they confirmed that no payment had been made from when it was taken out in 2011. I think I will send the hybrid letter and see the response I get
Thank you for your help guys

Also remind them without a valid credit agreement, they cannot obtain judgement against him in court.

Drydenfairfax solicitors

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