Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hello,
I am new to the forums and first off I'd just like to say hello to everyone and that I have been reading through much of these forums and thought that I would post my situation and ask for your advice.
In 2004 I was made redundant from my job and got into some trouble with my credit cards. I settled all of them completly apart from my Egg Card - I settled this with a Full and final settlement of £700ish.
Yesterday, on my mobile phone a debt collection agency called Fredrikson International rang me to ask me for the remaining £261. I explained to them that I made a full and final settlement for the card in 2004 and that I was not liable to pay the £261. The agency then went on to say that I would have to prove that with the letter I recieved from Egg.
I do not have the letter for this anymore as I had not heard from them and 3-4 years down the line I chucked it away. (I didnt tell the agency that!)
I said I would not pay as I did not have any binding contract in place with Egg. They said they had wrote to me on a number of occassions trying to recover the money - I have recieved none of these letters as I moved house last year. (so between 2004 and 2006 they still could have written to me for the money) They asked for my new address, which i refused to give them as I do not have a contract with Egg and had never heard of this Debt Collection agency; they could be anyone! Although they got all my details correct; apart from they didnt have my current address.
As the conversation went on they basically said unless I pay them in the next 7 days they would see me in court. I'm pretty gutted and up a height about this and was wondering - what can I do about it?
I dont think I owe them this money, although I cant prove the full and final settlement I do have the transaction on an old bank statement.
I hope I have posted this in the right forum and any help anyone can give me will be great!
Something similar happened to me with Amex. the difference was that I did have a copy of the letter confirming Full and final settlement and they still referred it to three different DCAs and then sold the debt to Capquest!
Why not send Egg a Data Protection Act request along with the £10 fee specifying you would like all material relevant to the account? It is probably nothing more than a clerical error at Egg resulting in your account, along with loads of others, being sent in bulk to Fredericksons.
I'd send a CCA request and the £1 off to Egg as well as SAR them. But I would include in the CCA request to Egg a rererence to the F&F you made some time ago and the fact that they have now reactivated this settled "zombie" debt means that they are liable to supply the agreement.
Don`t be alarmed by empty threats from these empty heads. It is upto these fools to prove you owe the money, not upto you that you don`t.
If, as you say you paid up then there really isn`t any need to send a CCA. Why waste £1?
Send the morons at Fredrickson this letter - adjust to taste -
Reference:
Dear broken brains,
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that I have no knowledge of any such debt being owed to Egg.
I am familiar with the Office of Fair Trading debt collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I would also point out that the Office of Fair Trading say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, for example, the last bill you have at our address.
I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the Trading Standards department and consider informing the Office of Fair Trading of your phishing actions.
I look forward to your reply.
Yours faithfully
PRINT NAME - NOT SIGN.
Just send that if you want and see what they come back with.
One more thing, send it Recorded Delivery and NEVER SPEAK TO THESE MUPPETS ON THE PHONE, they are full of ****. EVERYTHING IN WRITING! Keep copies of all letters sent and received.
The reason for CCA'ing Egg is that they will then check their records and it should show that there was an F&F. They will come back and say so. That gives written proof. They have an incentive to confirm the position as they then don't have to provide the CCA.