fredrickson international/capone

[bainmarie]

Hi, got a thread in capone, with them refusing to accept reduced payments. Had letters from debitas, just sent them the same this is what I can afford letter. Now fredricksons have written requesting payment in full, approx £6,500. Dont really know about this company and just wanted some advice if anyones had dealings with them. Should I just send the same reply. Might have to revue the offer anyway soon and pay less (on advive of national debtline) that should really pxxx them off!

Any advise please

Thanks Bainmarie

[clemma]

Can you post a link to your other thread to save me repeating any advice on here?

[debt4get]

fredricksons yet another bottom feeding dca, as a matter of interest have you asked for a cca, capone are notorious for having unenforceable ccas, anyway, why would you pay one dca and then another on the same account it is ridiculous, tell em to get lost and if you are going to pay..pay what YOU can afford not what they want

[Bazooka Boo]

Might have to revue the offer anyway soon and pay less (on advive of national debtline) that should really pxxx them off!

 

Whilst all of the advice NDL have given me so far has been very accurate, there are a few things they have told me which I have taken with a pinch of salt:cool:

 

If your financial circumstances have changed, then "YOU" should adjust your payments accordingly, after all, it is you who knows how much you can afford to pay these DCA's each month, not them!

 

If they don't like it then let them take you to court, in fact I actively encourage you to ask them to take you to court, because most of them won't!

 

As long as you are paying what you can comfortably afford each month, a judge will very very rarely tell you to pay them more, in fact the judge will more often than not, turn around and say you can only pay them £1 a month!

Which is exactly why DCA's and all the other bullies won't take you to court....

 

 

Boo;)

[diddydicky]

or you could say

 

what part of " I am f***ing skint" don't you understand?

 

but in a more polite way of course!

[bainmarie]

Thanks, have cca'd capone, sent terms and conditions.

Not sure how this works.. fredricksons say they are acting for capone so I assume they dont own the debt. Just going to carry on paying what I have.

Will also post the link to my capone thread, thanks Clemma.

Not sure if I've done this right!

[Bazooka Boo]

capone, with them refusing to accept reduced payments. Had letters from debitas, just sent them the same this is what I can afford letter. Now fredricksons have written requesting payment in full, approx £6,500.

 

Look you have shown your card, and in the eyes of the courts, you have showed a willingness to pay an amount toward this debt, their refusal will go against them and only act in your favour, 'if' it were ever to get to a court room.

 

Keep all the letters you send and receive from them, whatever you send do it via recorded delivery, whatever you receive keep, including the envelope they sent it in and, put the date you received it on.

 

They have already acted outside of the OFT guidelines on debt collection by refusing point blank not to accept an offer of payment without good reason, plus telling you to pay a lump sum up front, have a read thorugh the link and just take a look at the amount of regulations they choose not to adhere too:eek:

 

The Office of Fair Trading: Debt collection practices

[clemma]

link to your other thread (I think) http://www.consumeractiongroup.co.uk/forum/capital-one/195194-cap-one-advice-needed.html

[bainmarie]

Cheers, finally understanding that they'll probably never take me to court. Ive got loads of advice from this site and gone from a nervous wreck to fxxx it what can they do!!!

Just wanted to know what these ones are like as not dealt with them before. Sorry Clemma, tried to post the link but not sure how. Will try and sort it.

Thanks

[bainmarie]

link to your other thread (I think) http://www.consumeractiongroup.co.uk/forum/capital-one/195194-cap-one-advice-needed.html

Thats it!

thank you

[clemma]

See above re: link

[clemma]

Thats it!

thank you

 

You beat me lol

[diddydicky]

Cheers, finally understanding that they'll probably never take me to court. Ive got loads of advice from this site and gone from a nervous wreck to fxxx it what can they do!!!

Just wanted to know what these ones are like as not dealt with them before. Sorry Clemma, tried to post the link but not sure how. Will try and sort it.

Thanks

 

is this the full balance of the account they are claiming?- has it been terminated?

j#

 

have you had a default notice?

[Bazooka Boo]

Thanks, have cca'd capone, sent terms and conditions.

Not sure how this works.. fredricksons say they are acting for capone so I assume they dont own the debt. Just going to carry on paying what I have.

Will also post the link to my capone thread

 

So if I get this right you CCA'd Cr@pone, then they failed to provide a valid CCA yet sold the alleged debt onto FredPrikons??

 

If the above is the case then you can send priksons the bemused letter, and cr@pone the failure to respond with a valid CCA request, which will place the alleged debt firmly into dispute and no further collection activity can continue:D

[diddydicky]

if they have demanded the full amount of the account then this is a benefit of s87 which they are not entitled to until they have served an effective DN

 

By claiming the full amount they are regarding the agreement as terminated and are withdrawing the main benefit of the agreement to you - which is the ability to repay the money on a monthly basis on payments of your choosing (subject to the minimum amount)

 

this is an unlawful repudiation of the agreement which i personally would accept

[diddydicky]

sorry just seen on the other thread that you say you have had a DN can u post it up?

[bainmarie]

They have served a default notice as i have'nt paid the full monthly payment since December 08. They are asking for the full amount. Was going to send a letter saying this is what I can pay, accept it or take me to court. Would this be the right thing to do?

Thanks again

[bainmarie]

sorry just seen on the other thread that you say you have had a DN can u post it up?

Will try and do it tomorrow, my scanners not working.

[diddydicky]

They have served a default notice as i have'nt paid the full monthly payment since December 08. They are asking for the full amount. Was going to send a letter saying this is what I can pay, accept it or take me to court. Would this be the right thing to do?

Thanks again

 

we need to have a butchers at the dn but in the meantime what is the date on the DN and what is the remedy date stated?

[bainmarie]

Notice of default sent 19/3/09 saying i have 28 days to bring the account up to date. Got a statment of default 24/4/09 saying account terminated and they have the right to demand the balance in full etc.

Will try and post it all up tomorrow.

Cheers BM

[diddydicky]

ok the dates are ok now you need to see if the arrears claimed are wrong (they should contain no unlaeful charges nor any interest for the period that they were in default of not sending the cca

[bainmarie]

They say they've complied with the cca request and they have been adding interest and charges.

[diddydicky]

They say they've complied with the cca request and they have been adding interest and charges.

 

so its a fair bet then that the arrears in the dn will be way out this will if true make the DN defective

 

id just sit it out and let them bring it on

[bainmarie]

Do you mean ignore the letter from fredricksons?

I've also still been paying them monthly the amount I offered, seems to me if you pay what you can afford they cant do anything (exept bung on charges & interest)

[diddydicky]

Do you mean ignore the letter from fredricksons?

I've also still been paying them monthly the amount I offered, seems to me if you pay what you can afford they cant do anything (exept bung on charges & interest)

 

i would download the I & E forms from one of the site such as CCCS or payplan work out your I & E and divide your disposable income (after priority and essentials) between your unsecured creditors

 

send them a copy together with your first payment and tell them that this is all you can afford. and then keep up the payments

 

IF, what you are paying them is not reducing the debt then i would suggest you tell them that you are not going to make payments to a debt that is getting bigger not smaller and unless they remove the interest and charges to allow you to reduce the balance then they are going to have to take you to court where you will make the same offer to the court.