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Dear All
After a bit of advice on the best way to proceed this
History is - I had a balance o/s on my Egg card which was made up of interest and charges on an amount of money which was in dispute on my card (subject of a chargeback). Egg insisted I pay this interest/charges which kept ramping up every month and, at time of them passing debt to Fredricksons, stood at £101.93. I should add that my account was always in good standing and paid off every month but egg refused to listen to reason and defaulted me for the £100.
I have been hassled night and day for about 6 months by Fredricksons, now Bryan Carter are involved and I have a letter giving me 14 days to pay prior to court action.
Before I reply or do anything further could anyone advise me now on best course of action, as I dispute I owe anything as the total amount is made up of their ridiculous fees and interest on fees.
No, after reading the forums Im worried about a CCJ for £100 to be honest as I cant see carter putting a stay on court action even if I refer it to the financial Ombudsman. Im loath to pay them but more worried about the effect it may have on my credit rating. Any advice as to what to put in a letter to Carter gratefully recieved.
no worries on carter, he is a baffoon
was the account in official dispute before it was sent to fredricksons
do fredricksons own the account or just collectiong on behalf off
when was the last time you checked your credit file
have you done a cca request
If you have a spare £100 then you could pay this now but then still make a complaint to the fos (as there would have been no legal action). Your complaint could include asking for the default to be removed if it is found to be based on a mistake.
Alternatively perhaps there will never be any legal action for the small sum of £100. Even if there is, as long as you pay within 28 days I think you avoid a permanent mark on your credit file for the CCJ.
The £100 default is the problem, and I would have thought that the easiest way to get this removed is a complaint to the FOS.
TBH the money is not really the issue. Its the principle and the hassle.
I will look at draughting a letter to the Ombudsman today.
Is there any point explaining the situation to Carter, and saying any action will be defended, or will they just proceed regardless? BTW he has added £70 to the original amount if it proceeds so we are now up to £170.
Egg are certainly aware of the situation behind this amount of money, although rather stupidly I only ever spoke to them on the phone so nothing actually in writing so I guess its not "officially" in dispute. I eventually stopped answering the phone to them and fredricksons, hoping it would go away.
I would say it is definitely worth making a complaint to the fos if a default has wrongly been issued against you. This will affect your creditworthiness for 6 years.
Obviously there are issues about whether court action has started or whether it is too late to complain to the FOS. But you have nothing to lose by trying to complain.
I would also write to Carter and tell them briefly that you dispute this amount and it is the subject of a FOS complaint. I would be surprised if they took you to court for £170, and even more surprised if they carried on regardless after seeing that there is a genuine dispute involved.
It is not generally a good idea to ignore a letter before action, even if 90% of them are empty threats.
Egg/Brian Carter - advice please
card which was made up of interest
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