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Really Really Need Help re: CCA Reply!


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Hi,

I really need some advice re a CCA response i've had from Fredrickson Interntional.....

I had 2 loans and a credit card with Egg - which I fell behind on payments due to the fact i've recently had a baby, and am a single mum! I've ALWAYS been able to pay before - but Maternity pay doesn't quite cover enough for food and nappies let alone debt!

Anyway - Egg, rather than helping me out - had originally passed all three debts on to DLC - I had sent a CCA request to DLC who provided me with one real one for the large loan - but didn't send the two others. Anyway - i'd agreed to pay DLC £10 pm for what I thought was all three debts. All this was back in March - and i'd been paying every month. Then suddenly out of the blue about a month ago - I started getting phone calls from Fredrickson International. I actually refused to give them my details over the phone and told them to write to me.....I then received two individual letters saying Egg had passed the smaller loan and the credit card debt to them. I immediately CCA'd them (as far as i'm aware i'm paying DLC for this still???) and I also gave Fredrickson my new address as they'd been writing to my parents.

They sent me back my cheque for £2 saying it was unnessesary - this was sent again to my parents address despite me telling them my new address. Then they sent another letter saying they were waiting for advice from their client. Finally i've just received two statements. One showing payments for the loan, and one showing spending on the credit card. There is nothing with my signature on or anything else that says it's my debt. Again they sent everything to my parents address.

So they've ignored my request to write to me at my new address, sent back my CCA cheque and now think that these two statements mean i'll acknowedge the debt it with them.

Do the statements count as CCA's or not? And why are they ignoring my request to write to me at my new address and who should I be paying. DLC are still accepting my £10 per month - in fact they've just written to me asking for a break down of my finances because they want to review it.

I'm really confused about it all and really need some advice on what to do next?

Thanks!!!!!

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Firstly no, statements are not credit agreements.

 

Send another CCA request to Fredrickson, enclosing the £1 per account and insist that they comply with your properly formatted request. Use the letter here

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

send it Guaranteed Next Day delivery if you can afford it as it is better than recorded delivery. Highlight the bit in the letter about their responsibility even if they are not the original creditor, then after posting your letters, sit back and wait the 12 working days after the letter being signed for. After that they can do nothing unless they come up with the agreements. You should also receive, as part of your CCA request, a statement of account showing all payments to and from the accounts.

 

Do they claim to own the debts or just to be collecting them from the Original Creditor? If they do, you want to see the Notice of Assignments which you should have received from the OC and or Fredrickson's.

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Did you send the CCA request by rec. delivery ?.... and did you send a separate one for each account ?

 

If not, then you need to send them off immediately. If you have and they have failed to comply, then they are in default and there is no need to re-send. They just need a suitable bog off letter.

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Yes I sent the CCA request by rec delivery. But I don't understand why they sent me back my cheque! Am I right in thinking then that they HAVE to send me a copy of my credit agreement with my signature on it for it to stand? Should I just write back stating that they haven't sent what I asked for??? And that I refuse to acknowledge any debt to them?

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I had a cheque returned to me once as well.... and filed it away, like everything else. The request still stands though. Yes to your question; they are legally obliged to comply with your request, or cannot pursue the debt.

 

There is no need to write back.... they are fully aware of receiving the request and receive enough of them on here to know what it means. Keep hold of all correspondence in the meantime (along with the returned cheque) and wait it out until they are in default (12 working days).

 

After this time, you are not legally obliged to continue with any payments until/unless they can produce the document.... so if you are currently paying by Standing Order, you would be within your rights to cancel it.

 

:)

 

You need to have sent a separate CCA request for each account though.... in order to cover yourself ! Have you only sent the one ?.... as it sounds as if DLC are collecting on one/some and Fredrickson may have acquired the others.

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But if I ignore them and don't write back saying they've not sent what I asked for - then won't they try and take further action against me??? In the letter that they sent with the two statements - they've put that they've supplied me with what I asked for - and are now awaiting my response as to how i'm going to settle the account.

Do you think Egg have not got the Credit Agreements anymore? It seems odd that they won't supply them for these two smaller debts but managed for the bigger one. And if Egg can't supply it does that mean they have to write the debt off?

Sorry so many questions - but never been in this situation before and don't want to be intimidated into paying anything i don't have to by Fredricksons!

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They are in default of your legal request for a CCA. They cannot pursue you whilst in default. I would report them to TS as well as asking to supply you with a copy of their complaints procedure.

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But if I ignore them and don't write back saying they've not sent what I asked for - then won't they try and take further action against me??? These companies rely on public ignorance most of the time.... so although they may threaten further action, the debt canot be re-enforced without a CCA. It's the law. In the letter that they sent with the two statements - they've put that they've supplied me with what I asked for - and are now awaiting my response as to how i'm going to settle the account. Standard bowlarks, I'm afraid... you wouldn't believe some of the stuff that they try.:rolleyes: I've had the same kind of thing. Eventually it gets amusing.... only you are not at that stage yet.... so are still worried, which is understandable.

Do you think Egg have not got the Credit Agreements anymore? It's possible. It seems odd that they won't supply them for these two smaller debts but managed for the bigger one. This may not be a CCA either.... they often try and send Application Forms to people instead. And if Egg can't supply it does that mean they have to write the debt off? It becomes legally unenforceable, yes.... which is not the same as being written off.... but amounts to the same thing.

Sorry so many questions - but never been in this situation before and don't want to be intimidated into paying anything i don't have to by Fredricksons!

 

:)

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