Mum Vs Argos/fredrickson Internatonal

[The GodMother]

copy and paste it into a word document then put it by your phone.

 

I have it attacthed to the wall along with the one for callers who turn up without my permission.

 

One person tried to say the law does not apply to them my best answer was then if it does not apply to you then it does not apply to me either.

[N.P]

 

One person tried to say the law does not apply to them my best answer was then if it does not apply to you then it does not apply to me either.

 

 

What a knob! It`s a pity you didn`t record what he said and then reported the broken brained empty headed to the FEDS.

 

People like that just need a few slaps across the head, don`t they?

 

 

 

N.P

[The GodMother]

Np they need more than a slap across the head trust me.

[N.P]

What about giving one of their pie eating burger boys a kicking in one of his chins and then stamp on his corrugated neck? LOL

 

Not that I`m for violence of any sort, LOL.

 

 

 

N.P

[pigsic]

Hi

Please can some one help urgently cos fredrickson has started phoning again i did to send them a responce to the letter they sent

PLEASE HELP LISA

[The GodMother]

right now u need to send a telephone harassssement letter.

 

When i get back from my appointment l will get back to u about the other problem.

[N.P]

Hi Lisa,

 

Here`s one I used on CrapOne. I sent it to the fat bloke in the Executive Office.

 

The thing is, these knob jockeys either can`t or don`t read them as sooner or later they`ll start again.

 

I find just answering the phone and speak to them exactly how you always wanted to is better than anything. People like that seem to prey on your fear but if your forceful and treat them with no respect at all, they will back down. Something like in one of my previous posts - Post 32 http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137729-mackenzie-hall-final-notice-2.html#post1466721 LOL

 

 

Edit to suit -

 

 

 

Re: Harassment By Telephone

 

 

Administration Of Justice Act 1970

 

Protection From Harassment Act 1997, Communications Act (2003)

 

 

 

 

 

 

 

 

 

Dear Morons,

 

TELEPHONE NUMBER: ************

 

I am writing in relation to the quantity and frequency of telephone calls that we have received from your company which I deem to be personally harassing, particularly the `silent calls` generated from your predictive dialing system.

 

I have verbally requested that these stop on a number of occasions, yet we are still receiving calls. These calls have been received up to 8.30 at night and also on Sundays.

 

I now require all further correspondence from your company to be made in WRITING ONLY!.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127-130 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

In short, remove ALL my details from your systems IMMEDIATELY! And tell the empty heads you employ not to bother me again. Confirm in writing of your compliance immediately!

 

Be advised that any further telephone calls from your company will be logged and recorded and used as evidence in any harassment action taken against you.

 

Yours faithfully,

 

 

 

Just remember, don`t worry too much, and have fun with these scrotums.

 

Regards

 

 

N.P

[The GodMother]

I like that letter. May keep tht for the most annoying ppl.

[N.P]

Thanks GM

[pigsic]

thanks for that letter will get it sent off

[pigsic]

PLEASE HELP KNOW I AM WORRYING FOR MUM

Fredrickson has sent a threating letter

Its a letter before action say that if the account is not paid in full within 7 days there will be a judgement debt registered by court and the baliff will come I will have to get son to post it on for me. Know mum is worrying and she should not be worrying cos she waitong to go in to op and dont want her blood pressure rising

PLEASE CAN SOMEONE OUT THERE HELP ME !!!!!!!!!!!!!!!!!!!!!!!

I will be grateful of any help

lisa

[N.P]

Hi Lisa,

 

Hang fire for a few mins.

 

I`m in a similar position as you with this bunch of dead heads.

 

They`ll probably pass it to Bryan Carter Solicitors who are there in house bunch of Solicitors, that`s what they liked to be called anyway.

 

I sent them a letter from Paul, pt2537 which seemed to have slowed them down somewhat.

 

I`ll dig it out and past it on here for you. You`ll need to edit it to suit your needs, but it might just do you unless someone has something more suitable.

 

Back in a tick.

 

Regards

 

 

N.P

[N.P]

Hi again Lisa,

 

Right, this is the letter I sent to Bryan Carter, like I say, these are the paramilitary right arm bunch for Fredrikson.

 

For Fredrikson to be able to do anything, they`ll NEED a legitimate CCA, take your mum to Court, WIN, then your mum will have to default, then they will have to go back to Court and get a Bailiffs order before then can come out to her house. So, basically they are just piling up the B**L S**T.

 

Have a good read of it, I`m pretty sure it will do for your situation.

 

You could give it a few hours before you post then someone else might be along to offer advice, but I think this will do, just edit it to suit.

 

 

 

 

 

 

ACCOUNT IN DISPUTE

 

DO NOT IGNORE THIS LETTER

 

 

XX/XX/2008

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

 

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553

 

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

Further more, since the prescribed terms referred to above do not appear within the agreement your client has supplied, the agreement is rendered totally unenforceable, as the prescribed terms must be contained within the agreement and not a separate document, case law confirms this opinion

 

I refer you to the judgment of TUCKEY LJ in the case of Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

 

”[11] Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated

consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting the provisions of the two schedules the Judge said:

 

 

"33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which

are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the

minimum terms) are to be found in Schedule 1."

 

 

Therefore the prescribed terms cannot be contained within a separate document outside of the agreement

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

As it stands, the document supplied by your client is not a valid credit agreement nor is it enforceable by any court

 

What I Require

 

Firstly, I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to Trading Standards, the Financial ombudsman service and the Office of Fair Trading. In addition I may report your conduct to the Solicitors Regulation Authority and the Law Society

 

I would like to draw your attention to the fact that your clients do not hold a signed copy of a credit agreement containing the prescribed terms. Therefore the fact that they do not hold such document means that you cannot obtain an enforcement order in court. The case of Wilson-v-FCT sets this out as previously referred to above

 

However should you believe that you have grounds to enforce this agreement, please provide me with a signed copy of the credit agreement that you would consider relying upon? Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement your clients have supplied as it stands is unenforceable, should you be unable to produce a compliant agreement it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages. I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

 

PRINT NAME - DO NOT SIGN

 

 

 

 

Hope this helps. Just remember, STOP PANICKING! JUST DEFEND IT ALL THE WAY!

 

Regards

 

 

N.P

[pigsic]

[N.P]

HI Lisa,

 

Check out my Argos thread, I had one of those.

 

It`s just standard crap, I ignored mine then they rang me and I said I`m confirming f*** *ll. After that I received a silly letter from Bryan Carter.

 

Don`t worry, just send that letter above.

 

If you still receive something from Carters I have another for those clowns.

 

Tell you mum, evertything is under control and NOT to worry.

 

Regards

 

 

N.P

[pigsic]

Hi N.P

Ok thanks for that it has made me feel a bit better ijust worry for mum. I will leave it until tomorrow to post just incase any one else has some thing to say but that letter looks good to me

Thanks again

Lisa

[N.P]

No worrys,

 

Like I say, we`re all in the same boat against these parrassites

 

Catch you later.

 

 

N.P

[The GodMother]

HAng on it what i have just seen illegal.

 

How can they charge for court fees B4 they take u to court? I am guessing they will add additional court fees if they do take you to court.

[honey5]

it actually states costs will be added to the outstanding balance if you read it

honey x

[The GodMother]

Yes but they still cant charge her them anyway as they dont have any legal info and they are chasing a disputed debt which is illegal.

 

Just tell them to bog off with the letter NP posted remember they have to prove it is a vailid debt NOT you.

 

Oh and PTs PM box is turned off so u cant message him.

[N.P]

Hi GM,

 

Is PT away for the time being?

 

 

 

N.P

[pt2537]

Hi,

 

No im not away as such, but i am taking it a little easy for the moment,

 

i have been unwell for a while and its catching up with me so while i will be around and will look in on the threads i am subscribed to i have shut down the PMs to give me a little peace

[N.P]

Hi Paul,

 

No worries, we totaly understand.

 

I won`t ask what the problem is, as it`s none of my business, but if you want to say so, then you know where we are.

 

Take it easy mate and sort yourself out soon.

 

 

 

Neil

[pigsic]

Hi PT

sorry to hear you not well, hope you feeling better soon

Lisa

[The GodMother]

Rite PT the best u can do is

 

One large dose of a nice hot drink/ a nice drink of anything madicinal.

 

add a large box of tissues and take a wonder to the nearest place that you can lie down.

 

Take a good long nap or watch boring daytime tv whilest getting some one to run round after you.

 

you will get better in time.