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tezzaa

Fredrickson/Egg

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Hi,

 

I have recently sent the CCA letter to Fredrickson International in respect of a debt of £6K plus allegedly owed to EGG Credit Card.

 

What has dropped through my door is a telephone directory sized ream of credit card statements going from 2000-2008, but no copy of a signed Credit Card Agreement.

 

The letter attached to the statements says:

 

"We refer to you recent letter or telephone conversation with this office. Please find enclosed account documents, provided by our client, as requested. We hope that this clarifies matters and look forward to hearing from you with your proposals for the discharge of this account"

 

I'm not sure of my next course of action, does anyone have any suggestions.

 

Thanks in advance

 

 

tezzaa

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Write back telling them that they haven't complied to your sar listing the items you stll require.


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That is exactly what Bryan Carter sent me after I sent them a letter asking them to send copies of the original documents relating to my account and a copy of the default notice (it is an overdraft so i didn't send a CCA request)

 

Two days later I got another letter telling me if I wanted statements etc I would have to write tot eh OC and pay £10 - idiots


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The PPI Saga

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LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

You have a further (Insert number of days remaining) days to comply.

 

Yours faithfully

 

 

just edit to suit,

 

 

redvixen - Bryan carter would only send what data THEY have on you, which would not include a full statment of account or credit agreement.

 

Ida x


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ermm - the OP said CCA request not SAR maybe they could confirm this


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Ida they sent the complete set of statements for the account with the RBS logo - which they stated they had acquired from RBS proved to be useful as I sent those ones off to the FOS in support of a complaint against Lloyds without having to copy


If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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you right redvixen, it's cerbs fault :p

 

 

you need to send them:

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Ida x


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lol ida


If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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If Fredricksons supply all that info for a CCA request imagine what they'll send for a sar. :rolleyes:


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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ermm - the OP said CCA request not SAR maybe they could confirm this

 

Yes I sent a CCA request Letter N, from the templates, what should I do now as they have not sent a copy of a signed Credit Agreement.

 

When replying could you make it clear it's a reply to me, as I'm getting more confused now, sorry (I'm a newbie)

 

 

tezzaa

Edited by tezzaa

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Send Ida's letter


If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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