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Fredericksons - false demand for money


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Hi all,

recently we have been recieving phone calls and after refusing to give security info have had abuse down the phone and the caller then hanging up. Today we recieved a bill from a Bryan Carter solicitors saying that on behalf of Fredericksons we owe Carphone warehouse £63.37 but with additional charges its now £128.00 now this bill was sent to my mothers address and not ours. Also the original final bill for Carphone warehouse was £90.00 which was paid in december of last year. After taking the day off work today i finally unearthed the bill and the receipt for this. This reciept does state that it is for the full amount we owe after changing providers last august. Im now out of pocket by a day's work and am extremely angry that these cretins can just invent figures from a magic hat and declare we owe them money. Is there a template letter that i can use to inform them we do not owe this money and they should be paying me for my day off to find my paperwork, after all i am doing their job for them. Please help

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Is there a template letter that i can use to inform them we do not owe this money and they should be paying me for my day off to find my paperwork, after all i am doing their job for them. Please help

 

I don't know about template letters, but a short sharp one saying I have a receipt for the debt, your figures are incorrect and you owe me...and I think there is a figure on here of £9 something x 8 for the time I have had to invest in this shameful action by you.

 

I would also include an invoice for the amount and thtreaten them with debt collectors!

 

I will ask one of the Mods for a better reply, but this DCAindustry is starting to get under my skin.

 

Good Luck, Sparkles

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Thanks for the quick response Sparkles. The wife does tend to panic over these things, last time this happened she started to pay it till i dug out the reciept and forwarded it to the DCAs. Never got a refund tho.

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Yes agree with Sparkles.You should provide evidence of what you have lost financially over this.Have you any proof of any communications that you had advised them ? Its no good talking on the phone since it proves nothing later.

There are various breaches here ...They will be regulated by the FSA and so you will be entitled to lodge a complaint with the FOS if they fail to respond to your satisfaction.You also may have a good case to issue them a small claims summons for your money back for what you have lost and compensation at the Judges discretion.Up to you to decide.Keep us informed.

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Yes agree with Sparkles.You should provide evidence of what you have lost financially over this.Have you any proof of any communications that you had advised them ? Its no good talking on the phone since it proves nothing later.

There are various breaches here ...They will be regulated by the FSA and so you will be entitled to lodge a complaint with the FOS if they fail to respond to your satisfaction.You also may have a good case to issue them a small claims summons for your money back for what you have lost and compensation at the Judges discretion.Up to you to decide.Keep us informed.

 

The voice of reason in a mad world...thank you Martin!

 

Sparkles

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Ohh go on issue a small claims against them

Bet they dont turn up

You can also add, the J will advise I think its half a days pay for the day of the hearing as well

 

And if they dont pay up on judgement, why send the baliffs round !

 

Video it for UTube

 

 

Not that Im a vindictive person:D

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Thanks Martin but im afraid i have no proof of phonecalls from them we just refused to answer their security questions. Think i mahy have confused matters slightly, the debt my wife started to pay was an old one which had been paid many years ago it has nothing to do with this present threatogram

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Maninblack - start keeping a record - harassment is a criminal offence

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Thanks for all your help so far folks. Update a new letter today saying we have 7 day to pay or it will go to court. Is there not a standard template letter for this im pretty useless when it comes to putting words to paper.

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Hi Maninblack

 

I would send them this:

 

 

[Yourname]

 

[there name]

 

 

 

Your Ref:

My Ref:

 

 

Dear Sir/Madam

 

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 Vonage.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it 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 OFT 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.

 

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 OFT of your actions.

I have requested that all communication be written, and failure to do so will result in me reporting you to the relevant authorities for harassment.

I look forward to your reply.

 

If you do not understand this letter please seek legal advice.

 

Yours faithfully

 

 

 

Also Remember to print your name.

 

Hope that helps.

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Just send them copies of the proof of payment and ask them which bit of 'I've paid this' do you not understand ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

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Oh, and do make a claim against them if you can :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I'd keep it short and sweet:

 

Dear Drones

 

I refer to your letters dated (date) & (date) in which you demand payment for an alleged debt to Carphone Warehouse. I do not acknowledge any debt to you or any company you claim to represent.

 

Take notice that I formally dispute the alleged debt, since I do not believe I owe any money to Carphone Warehouse. You are reminded of your obligation to comply with the Office of Fair Trading Guidance on Debt Collection. I therefore require you to confirm that all collection activity has been suspended pending resolution of the dispute.

 

You have provided no evidence whatever of any debt. I consider your unjustified demands for payment to be aggressive within the meaning of the Consumer Protection from Unfair Trading Regulations 2008, and will report any further instances to the appropriate enforcement authority.

 

Unless you can produce substantive evidence of my liability for the alleged debt, I do not expect to hear from you again.

 

Yours etc.

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postggj, its comforting to know your not alone in these matters, i hope you sort it out with them. Thanks for all your advice folks i have posted a letter (Registered) and will see what happens next.

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If you have proof no debt exists and they are insisting it is owed and keep adding silly charges write them a letter before action telling them that unless they cease and desist (an American term but it explains what it means) and pay your out of pocket expenses you'll see them in court.

 

Remember that Bryan Carters & Co claim to be solicitors. They are not, its just a name one desk at Freds give themselves. Nevertheless they leave themselves open to a complaint to the Law Society regulators. So in addition to the Financial Services Ombudsman, the Office of Fair Trading and perhaps Trading Standards you add the Solicitors Regulation Authority to your list of complaints. Throw enough mud at someone and its bound to stick.

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are you telling me bryan carter are not solicitors

please explain in depth

i have fredricksons by the short and curlys and am going to make them pay

just waiting to be served an n1 so more ammo to show the judge

 

not hijacking thread, seem relevent to postggj and maninblack

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Bryan Carter & Co (BC) are described as being a branch of Crellins Carter (CC), a firm of solicitors based in Weighbridge, Surrey.

 

The branch is based in the head office of Frederciksons the debt collectors. On the Law Society website BC is said to have no solicitors based in this building. Ostensibly they are supervised by solicitors based at CC's head office. But hundreds of letters are sent out by BC everyday and few, if any, are checked as being appropriate by a solicitor. there are examples of such letters on this forum - letters where acknowledgement of service has to be made to BC and not the court, where BC have demanded details of a defence before a claim is issued.

 

CC would be laible in any claim made against BC because they are meant to maintain control of them. Any complaint made against BC should be made to the Financial Ombudsman and the Solicitors Regulation Authority. It is high time these unqualified solicitors are taken off the streets.

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Remember that Bryan Carters & Co claim to be solicitors. They are not, its just a name one desk at Freds give themselves. Nevertheless they leave themselves open to a complaint to the Law Society regulators. So in addition to the Financial Services Ombudsman, the Office of Fair Trading and perhaps Trading Standards you add the Solicitors Regulation Authority to your list of complaints. Throw enough mud at someone and its bound to stick.

 

I have a letter here from 'Bryan Carter & Co, Solicitors'. At the bottom of the letter it says 'Bryan Carter & Co is the trading name of Crellins Carter Solicitors ...'

 

If they are not solicitors then they are in a heap of trouble. I can't imagine they would be that stupid.

 

Someone mentioned that they had checked the Law Society web site and Bryan Carter & Co is not listed. Have you checked Crellins Carter?

 

The Crellins/BC web site is ...:::Crellins Carter Solicitors:::...

Very interesting - no mention of their debt collecting activities. Also, check out the people tab to see who you're actually talking about.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Bryan Carter & Co (BC) are described as being a branch of Crellins Carter (CC), a firm of solicitors based in Weighbridge, Surrey.

 

The branch is based in the head office of Frederciksons the debt collectors. On the Law Society website BC is said to have no solicitors based in this building. Ostensibly they are supervised by solicitors based at CC's head office. But hundreds of letters are sent out by BC everyday and few, if any, are checked as being appropriate by a solicitor. there are examples of such letters on this forum - letters where acknowledgement of service has to be made to BC and not the court, where BC have demanded details of a defence before a claim is issued.

 

 

 

Bryan Carter & Co is a trading name of Crellins Carter.

 

I've checked the Law Soc website here The Law Society - Find a solicitor which says they have 2 solicitors/lawyers.

 

Am I missing something?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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There must be a bonafide solicitor in there somewhere, it's probably carter himself who is probably sitting on a beach in the bahamas with his laptop and laughing at all this.

He doesnt care that his firm is the worst in the country, as he's raking in the money scoring default judgements against unsuspecting people all the time

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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