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B Carter / Fredrickson taking cash out of my account!


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Hi there,

 

I defaulted on an egg loan around 2 and a half years ago. This led to my debt being sold to a DCA, I had an exchange of letters with them at the time and we agreed frozen interest and £50 a month to be repaid on the £7500 outstanding.

 

Since then i've let the direct debit stand, and somewhat stupidly forgotten about it. Today I was going through the last few months bank statements and realised that they had increased the payments to £55 without my permission and that last month they had taken the payment twice two weeks apart!

 

Obviously this is not on, but I have no record of my dealings with the initial company, who were definitely not B Carter or Fredricksons. I've cancelled the direct debit, but am not sure what action I should take next as this seems like a very shady way to do business.

 

Any advice would be greatly apreciated.

 

Many Thanks in advance.

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First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

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Bryan Carter are rather good at this. They write to me every year and thank me for my excellent payment record and state that they would like to increase payments by (I think) 10% - there is a tear of slip at the bottom to return if I don't want to increase the amount. Although I let it go the first few of times, this year I had just discovered this site and didn't like what I read about this company so sent the slip back to say 'no thanks'.

 

Have just noticed on my bank statement that they have taken the increased amount anyway. Now it's making em more inclined to stir things up a little. Might have to start a separate thread :rolleyes:

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  • 1 month later...

Hi All,

 

Wanted to give you a quick update and ask some more advice.

 

I sent off the CCA letter. and a cheque for a pound as advised. Special delivery shows it was recieved but the cheque has not been cashed. I have been receiving phone calls from them as I have cancelled my direct debit. I've just been telling that I'm not interested in telephone communication and that I've requested a CCA and that they need to provide me with a copy via post. Over the phone they say that I would have to contact Egg as they are just collecting on their behalf. Is this the case? I haven't dealt with Egg in over two years since the original default.

 

The absolute deadline is this friday coming and there is absolutely no indication that they will be providing me with the relevant paperwork. If this is the case, what are the precise steps to getting the debt officially and legally struck off, so as to protect my credit rating. Also I will have paid them well over £2000 by now, am I in a position to claim that money back?

 

 

Thanks again

 

D

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Hiya,

 

Well in answer to your question if the DCA wants to continue receiving payments from you they have to provide a copy of the agreement, if the 12 working day deadline passes and they have not you are within your rights to withold payment until they do, if a further 1 month passes they have comitted a sumarry criminal offence.

 

2 things will happen, either they will pass the debt back to Egg as they are not able to provide the agreement letter themselves (Most likely scenario) or they will request a copy of the agrement from Egg and then send it back to you.

 

Now in order for them to be able to enforce the debt AT ALL they must hold an agreement, it is the legal basis on which they rely on. If no agrement exists then the debt is completely unenforcable. Similarly if they provide an agreement that lacks certain prescribed terms or contravenes the Act and Regulations it can also be unenforcable, the only way to know is to send the request.

 

Post back more details when u get any more responses from either company, it will also be useful if you could post up a copy of the agreement (If,a and it's a big if they can provide one) blocking out any personal details so we can advise further.

 

With regard to potentially claiming back the £2000 you've already paid them this is highly unlikely, in recent case law the judge deemed this would most likely be unjust enrichment, as such it isn't really feasible.

 

kind regards,

shane

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All advice is offered freely & without prejudice

 

 

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Over the phone they say that I would have to contact Egg as they are just collecting on their behalf. Is this the case?

No. Under s175 of the CCA they as the agent of Egg have a legal obligation to pass on your request to Egg.

 

The absolute deadline is this friday coming and there is absolutely no indication that they will be providing me with the relevant paperwork. If this is the case, what are the precise steps to getting the debt officially and legally struck off,

I think you are jumping the gun on this. They won't necessarily just write the debt off because they can't at present enforce it.

Also I will have paid them well over £2000 by now, am I in a position to claim that money back?

 

No. You did not pay the monies under duress and just because they have not been able to produce a credit agreement does not mean that there was never any agreement and you did not receive the loan.

 

The righting off of debts is done under statute and enrichment is accepted to a degree as the enrichment is an occurrance of statute not be followed (in this case the enrichment would be that you have not paid off the loan).

 

Under common law, however, enrichment is an offence.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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