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Drydensfairfax Solicitors for Lowell Financial Ltd – advice please

THOTH asked:

Hello to all reading 🙂

First i would like to say that several years ago i had experience in sending “Notices of Conditional Acceptance” to a series of debt collection agencies acting on behalf of ‘nPower’ for an alleged absurdly large electricity bill. Obviously the notice’s were somewhat successful because each time, after one letter, they sold the debt to another DCA and the endless loop continued. Since then i had moved on and forgotten much of the detail learned from the modified template i began with, having had no other alleged debts to contend.

Now, it is my girlfriend who has a problem with DCA’s. Just today she received a letter from ‘Drydensfairfax Solicitors’ who state they are acting on behalf of their client ‘Lowell Financial Ltd’ for an (alleged) outstanding debt of ~£300. It also states the original creditor is/was ‘Shop direct’.

I have scanned the letter (with redacting personal identifiable information) and here it is as an image:

http://img703.imageshack.us/img703/9646/lowellredacted.jpg

As you can see from the image, the letter claims that an offer had been made previously of a reduced payment and it is now redacted. They state their intention is “to issue legal proceedings against” her, by “seeking a County Court Judgment (CCJ) in the absence of an arrangement to pay this debt or a defense being raised by” her. It continues with the usual frightening threats of impending doom.

Now understandably my poor girlfriend was seriously distressed by this. She also receives constant harassment from various telephone calls from DCA’s and assorted scammers (I’ve had a bit of fun messing with the crank calls by refusing to confirm or engage in communication until they verify everything from their full name and address, the managers, their date of birth, car registration number, colour of underpants etc…). The calls can be relentless, but that is another issue – and she understands how to deal with them now (though i urge her to change telephone number). The point is she has suffered from severe depression in the past and i fear these god-awful letters could have a serious negative impact upon her health.

So i immediately acted. I couldn’t remember all the finer points of my previous knowledge so i did some research on the internet for templates to work with, and in the process found this site. I love it, and the forums appear to be a veritable feast of experience and knowledge. Unfortunately, having just registered i couldn’t immediately access your templates, but luckily i found a usable one on a another site, which i edited appropriately, then had her sign the printed document and went straight out and sent it recorded delivery.

While the template was not as detailed as ones ive used in the past, i figured it retains the important points and would suffice.

However, after reading through your site a little, i realized there may be a couple of errors on my part – and i hope to god that they are insignificant. Namely i had her sign in BLUE ink, instead of RED. My thought: black ink = Dead-hand/ legal fiction, Blue ink = Sovereign flesh and blood entity. I completely forgot about Red ink and creditors. 🙄

Also i forgot to omit the original date from the template 😳 – though i did have her date her signature with the blue ink. i really hope i haven’t ballsed it up.

Here is the text of what i sent, personal information altered:

Drydensfairfax Solicitors
Fairfax House
Merrion Street
Leeds
LS2 8BX

5th August 2010

I, Name-Name: Surname, being a flesh and blood woman; with sound mind and God given soul; do declare the following to be true and accurate to the best of my abilities; so help me God; with God as my witness.

Greetings,

This is a Notice of Conditional Acceptance RE: Account number 00000000
It is written in the common understanding of the English language.

It is my wish to deal with this matter honourably. I am writing today to remove controversy, engage in dialogue and seek a peaceful amicable remedy. I state here clearly and plainly that I am willing and happy to pay my lawfully owing debts. I wish to exhaust my administrative remedies, and, hope to come to a suitable agreement before or without resorting to the courts for adjudication.

Your client was informed that: I was willing to affect payment on any amount I might lawfully owe, upon condition that the obligation is verified.

You are presently informed that: I am willing to affect payment on any amount I might lawfully owe, upon condition that the obligation is verified.

I am willing to accept the claims made and happy to affect payment on any amounts lawfully owed. Please verify the claims and obligations by sending the following documentation:

1. Itemised statements of all charges which make up the total balance being claimed
2. A signed bill for all charges containing the words ‘Bill’ and ‘Value’ on the face of it.

[in accordance with the Bill of Exchange Act 1882]

.
3. Copies of any bi-lateral contracts which exist between me and: “Shop Direct” and “Lowell Financial Ltd” (if any).

I wish to deal with this matter in writing and ask that you forward the above documentation to me within a period of [14] fourteen days from receipt of this Notice. This will enable me to confirm that the amount is correct, accurate and lawfully owed, and to therefore affect payment.

Furthermore, please note: In the event that “Lowell Financial Ltd” are unable to provide an existing contract with me and, as such, fail to evidence any obligations for performance that I might have in relation to “Lowell Financial Ltd”, I respectfully request that you refrain from contacting me further and instruct you to inform your client of same. Your client may contact me IN WRITING ONLY but, if so doing MUST provide the above requested documentation so that I might verify and validate the obligation and proceed to affect payment on any lawful claims against me.

Is mise le meas,

By:_______________________.
Name-Name: Surname
All rights reserved

I intend to follow up in two weeks with a second Notice, then a Third with Estoppel, or “Notice of Non-Response”. The templates i have here are all basically the same so im not sure it makes much difference which one?

But should i make sure future notices are signed in Red ink? Should i also resend a notice (maybe this same one) direct to ‘Lowell Financial’ this time – with red signature (and old date removed)?

And, if i find your templates more powerful (when i can access them), should (or would it be appropriate if) I switched to your presented documents?

Any advice would be gratefully appreciated on this. I dont expect Lowell/ Dryden to reply immediately – or even in the next month – but i am extremely motivated presently to bust these vampire bullying bastards and i understand she (my girlfriend) has had several other similar letters from other DCA’s in recent months which i aim to deal with!

And obviously i fully intend to keep you all apprised of any developments, because i hope this will help any other people with similar problems have a smoother learning curve.

williams2583 replied:

I personally have always used black ink,its up to you. The fact they offered a discount is good it means their case is not solid.

This is just a frighteners letter. Besides changing or barring telephone numbers you could also consider RTS or use alternative address (yours) so as to avoid further distress to your friend.

THOTH replied:

Hi again, and thanks williams2583

I have now amended letters and have sent to other DCA’s over other alleged debts (which i’ll make threads for).My GF is getting demands for 3 different sums (including this one) allegedly owed to Shop Direct. Lowell seem to be handling two different accounts. As you can imagine this is all very confusing for my girlfriend, and we are very suspicious.

As for this particular letter, from Drysdenfairfax, this was received this morning. Notice they quote the printed date of august 2010 (which i neglected to remove from original file) and not the wet ink signature date of 21st February 2013.

http://imageshack.us/photo/my-images/841/drydns2.jpg

I am considering sending a letter direct to Lowell, with the dates fixed of course, about this referenced case.

THOTH replied:

Well here is an update as promised. These vampire-sharks have some audacity i will tell you that!

They have replied with a letter (see image below), which claims to have attached a breakdown of the debt owed to their client (Lowell Financial). Of course, this is an outright lie and criminal act of fraudulence as the attached document is a half-page print of of an account summery with Shop Direct! And of course there is no meeting of the minds signing an Instrument of Novation, should one exist. No proof of an expromissio because none exists! Absolutely incredulous, these people should be struck off and barred from trade.

To top it of they further include a four page “Financial questionnaire” with such intrusive and broadly covering questions i can only assume it the need-to-know of those intent of committing identity theft or some such sinister action.

http://imageshack.us/photo/my-images/841/drydensfairfaxtreplyedi.jpg

I have written a reply, and this time i will not give them such a grace period after 2 weeks to reply seeing as they themselves are now attempting to apply time restriction to my gf. Two weeks after receipt of this 2nd notice, i will hit them with the estoppel. And reporting it to the police if anything else should darken our doorstep from these wretches.

One particular problem here is im having trouble identifying any directors or CEO by name. Any help on that matter would be appreciated.

Here is the reply (personal info removed):

Non-Negotiable

Drydensfairfax Solicitors
Fairfax House
Merrion Street
Leeds
LS2 8BX

11th April 2013

2nd Notice of Conditional Acceptance

RE: Account number [blah]

I, Name-Name: Surname, being a flesh and blood Human; with sound mind and God given soul; do declare the following to be true and accurate to the best of my abilities.

It is important that you acknowledge and understand that this is not a letter but a legal notice, which is different specie of correspondence all together. I hereby declare that the law of agent and principal shall apply and that service upon one is service upon another.

I wrote to you on the 21st of February 2013 in response to a claim by you that i owe LOWELL FINANCIAL LTD a sum of £000:00. You received and signed for that Notice on the 25th February 2013 at 00:00 GMT. I requested you respond within (14) fourteen days with proof of your claim.

Thank you for your responding letter dated 8th April 2013. Unfortunately you have failed to sufficiently address the contents of my Notice of Conditional Acceptance, wherein I outlined my wish to deal with this matter in honour and to verify that any outstanding obligations or debts in relation to the above reference number are in fact lawfully owed by me to LOWELL FINANCIAL LTD.

You were requested to provide the following documentation so as to validate and substantiate your claims against me:

1. Itemised statements of all charges which make up the total balance being claimed
2. A signed bill for all charges containing the words ‘Bill’ and ‘Value’ on the face of it. [in accordance with the Bill of Exchange Act 1882].
3. Copies of any bi-lateral contracts which exist between me and: “Shop Direct” and “Lowell Financial Ltd” (if any).

Your responding letter was attached with an account summery of an alleged debt with SHOP DIRECT and as such provides no proof of any debt owed to LOWELL FINANCIAL LTD. This is infact evidence that you are attempt to demand money through fraud and deception – unless you can prove that there has been an Expromissio on the alleged debt.

To date you have failed to verify your claims and as such you are now in a state of dishonour. I am willing to offer a further fourteen [14] days from the above date for you to validate your claims by sending the above documentation by Record Delivery, INCLUDING: any Instrument of Novation, deed of assignment, and the original unendorsed, unstamped note. As stated in my previous notice: I am willing to settle any lawful claims against me upon receipt of the above requested.

Should you fail to provide the requested it will mean that:

1. You do not have a valid and lawful claim against me and/or,
2. That there is no debt owed by me to LOWELL FINANCIAL LTD, and/or,
3. Any and all debts have already been paid in full, and
4. That you will be held liable for any damages I may suffer, and
5. That any negative remarks made to a credit agency will be removed, and
6. You will cease to pursue this matter further.

Furthermore failure to avail of this second opportunity will result in estoppel by acquiescence, and will have the effect of barring you from bringing any claims or charges against me in relation to these matters. Please send all the requested documentation promptly. All responses must be under oath, full commercial liabilities and penalties of perjury.

I do not give you permission to contact me by telephone nor in person. All communication should be directed to me at the aforementioned address by letter. The dates and times of any calls and messages will be logged and should they continue, I must warn you that they will constitute ‘harassment’ and intimidation and action may be taken under Section 1 of the Protection from Harassment Act 1997.

Further action may be taken under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor’s agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner

Without malice or mischief, in sincerity and honour

Yours sincerely,

By:
Name-Name: Surname
Authorised Agent and Representative for LEGAL ENTITY .

Witnessed by:
1. 2.
Name: Name:

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.

WITHOUT RECOURSE – NON-ASSUMPSIT

clawhammer replied:

Dydens Fairfax solicitors

some contact info.
Chief executive Philip Holden
Consumer debt recovery services Peter Wordsworth
Legal services Tamsin Cooper
Possession sales and LPA receivership Phil Harling
Insolvency Tim Pope
Commercial debt Steve Heighway
Probate Administrator James MacLeod’s if you commit suicide this guy chases your estate
all info from http://www.linked-in

more info on drydensfairfax

Yorkshire and the Humber : Dispute resolution
Within Debt recovery, drydensfairfax Solicitors is a first tier firm,
drydensfairfax Solicitors is the product of the merger between Drydens and Fairfax Solicitors Limited, which created an ‘extremely professional’ 300-strong team. Philip Holden handles high-stakes debt litigation, while Tamsin Cooper focuses on consumer credit and mortgage cases. The firm represents debt purchasers and government departments, and provides ‘high-quality, common-sense advice’.
drydensfairfax solicitors is a specialist debt recovery law firm providing volume debt recovery and debt litigation services to a variety of lenders, debt purchasers, financial institutions and large Government departments across England & Wales. Created as the result of a merger in April 2012 between Drydens Lawyers and Fairfax Solicitors, the firm has over 330 staff and is the largest of its type in the UK. Expertise includes consumer finance recoveries, government debt recovery, commercial debt recovery and insolvency.
The firm: drydensfairfax solicitors has an outstanding track record in recovering money in a highly professional and effective manner. The practice is headquartered in a modern, award-winning office building in Bradford city centre and all litigation activity is carried out from this site. The firm also has a dedicated 100 plus seat call centre in central Leeds where its pre-legal calling activities are conducted. The two sites enable the firm to deliver a seamless transition between pre-legal action and litigation from two dedicated centres of excellence.
Types of work undertaken: drydensfairfax solicitors deal with all aspects of debt recovery and debt litigation from pre-legal lettering and calling through to the issue of proceedings and enforcement including insolvency advice. The firm has an extensive pre-legal offering incorporating bespoke lettering, a dedicated call centre and uses technologies such as SMS messaging.
Consumer finance expertise is provided in secured and unsecured matters. Mortgage repossession actions, personal loan recoveries, credit card debt, failed IVA recoveries and purchased debt are specialisms along with recovering debt on behalf of HM Government. The firm also has a strong reputation in representing LPA Receivers appointed on non-performing buy to let properties and portfolios.
The dispute resolution team handles a range of disputed and non-standard cases referred from each of the business areas within drydensfairfax solicitors including more complex, high-value or defended cases and two licensed Insolvency Practitioners lead a team providing advice and assistance to financial institutions and office holders relating to insolvency matters.
Other office: Leeds.
Breakdown of work %
Unsecured recoveries 30
Secured recoveries and possession sales 25
Government collections 23
Technical litigation and insolvency 16
Commercial and other recoveries 6
from top 500 legal website, their own information they posted.

Stuart Winfrey’s Overview
Current
• Compliance Officer at drydensfairfax solicitors
Past
• Quality and Risk Manager at Bright Finance Ltd
• Underwriting Team Leader at Royal Bank of Scotland
Education
• The University of Wolverhampton
Connections
90 connections
Stuart Winfrey’s Experience
Compliance Officer
drydensfairfax solicitors
Privately Held; 51-200 employees; Law Practice industry
December 2010 – Present (2 years 8 months) Leeds, United Kingdom
Quality and Risk Manager
Bright Finance Ltd
Privately Held; 51-200 employees; Financial Services industry
2006 – 2009 (3 years)
Underwriting Team Leader
Royal Bank of Scotland
Public Company; 10,001+ employees; RBS; Banking industry
April 1998 – January 2006 (7 years 10 months)
Stuart Winfrey’s Education
The University of Wolverhampton
Bachelor of Arts, History with Social Sciences
1992 – 1996

other members of staff

Adam Chapman
Client Relationship Manager at drydensfairfax solicitors
Location
United Kingdom
Industry
Legal Services
Join LinkedIn and access Adam Chapman’s full profile. It’s free!
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View Adam’s full profile
Adam Chapman’s Overview
Current
• Client Relationship Manager at drydensfairfax solicitors
Past
• Team Leader at drydensfairfax solicitors
• TL at Eversheds LLP
• Trace Analyst at Wescot Credit Services
Adam Chapman’s Experience
Client Relationship Manager
drydensfairfax solicitors
November 2012 – Present (9 months)
Team Leader
drydensfairfax solicitors
September 2009 – November 2012 (3 years 3 months)
(Previously part of Eversheds LLP)
TL
Eversheds LLP
December 2004 – September 2009 (4 years 10 months)
Trace Analyst
Wescot Credit Services
November 2001 – December 2004 (3 years 2 months)
Tracy Pickles
Compliance Officer at drydensfairfax solicitors
Location
Leeds, United Kingdom
Industry
Financial Services
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Tracy Pickles’s Overview
Current
• Compliance Officer at drydensfairfax solicitors
Past
• Compliance Officer / Financial Crime Team Manager at Santander Consumer (UK) plc
• Treating Customers Fairly (TCF) Specialist at GE Money
• Operational Team Leader at GE Money Cards
Tracy Pickles’ Experience
Compliance Officer
drydensfairfax solicitors
January 2012 – Present (1 year 7 months)
Compliance Officer / Financial Crime Team Manager
Santander Consumer (UK) plc
January 2009 – August 2011 (2 years 8 months) Leeds, United Kingdom
– Operational point of contact for regulatory queries and issues
– Management of a number of regulatory data records including Data Movement Schedule, Data Retention, Customer Data Security Controls
– Revision and reporting of AML Know Your Customer / Know Your Business processes
– Performance management, development and reviews of Financial Crime Team members across two locations
– Management of monthly Treating Customers Fairly MI report and meetings
Treating Customers Fairly (TCF) Specialist
GE Money
January 2008 – December 2008 (1 year)
– Improved process control by introduction of documented process maps, version control and process ‘health checks’
– Conducted gap analysis workshops with employees to identify opportunities for improving customer outcomes
– Built TCF storyboard and evidence folder
– Supported Complaints Team with high level complaints
– Managed TCF awareness & recognition scheme
Operational Team Leader
GE Money Cards
May 1990 – October 2007 (17 years 6 months) Leeds, United Kingdom
– Managed a number of effective teams with team sizes 8 – 22 employees
– Process improvement: Worked with IT and Third party provider to deliver OCR Imaging solution which resolved issues regarding missing agreements
– Incident management on behalf of an exeptions processing team
Tracy Pickles’ Skills & Expertise
1. Team Management
2. Management
3. Customer Service
4. Change Management
5. Performance Management
6. Process Improvement
Tracy Pickles’ Additional Information
Groups and Associations:
• AML – Anti Money Laundering
• CIFAS – The UK’s Fraud Prevention Service
• Compliance UK
• Credit and Collection Job Board for England, Ireland, Scotland and Wales
• Financial Conduct Risk Regulation & Compliance


Well that’s all folks 😉

Hope you don’t think I got a grudge now DO YA !!

hope this helps
All the best
Clawhammer

againstthesystem replied:

If they (Lowells) have never sent you a valid notice of assignment, or the original creditor has also failed to provide one, then they cannot commence proceedings anyway. Breach of CPR Pre Action Rules.

Gilly03 replied:

I too received a letller from drysdens and a letter from the so called Nottingham court… I have so far sent the first 2 copyright letters and am due to send out the third this week. So far no response!!! Lets all keep the pressure up on these shafters…

suleinci replied:

Hi all.

This is my first time on such a forum so seeking some advice.

I’ve received a letter from Drydensfairfax on behalf of one of their clients Robinsons for some money I owed to one of Robinsons client Halifax.

Obviously I have no agreement that I have made or any papers I have signed with neither Drydens or Robinsons so as far as I am concerned I do not owe them any money.

And since the original creditor Halifax no longer has the debt as they’ve sold it to a debt collector then I should be lawfully clear.

But this is where I need advice as I have never dealth with an issue such as this and not sure how to tackle it.

Reading all above posts I’ve kind of concluded that sending them a Notice of Conditional Acceptance letter is the best way forward.

I do not have access to template letters as yet but I trust the 1st one posted above is one I can base mine on.

Before I do anything however I’d really appreciate if anyone of you more experienced users can assist me in the right direction.

Below is the letter I received from Dryden just to give you a better idea.

Des replied:

Hi, i would just like to add Dryden have been hassling me for two months now.

They say they are representing the HM revenue with whom i have no debt, in fact the contrary having just recieved a tax rebate.

This was explained to them at the begining but they still persist.

They phone most days which i ignore because i can, also i only have a PO Box address so their letters get binned.

I hate them with a passion but do not have time in my life to give them any credence.

I wish you all the best of luck.

Maybe somebody will be passing their office one day and more direct action will ensue. 😉