Fredrickson not accepting payment offer

[WetCloth]

I am sick and on Income support. I owe to multiple creditors. The vast majority have accepted my nominal proposals except Fredrickson International who tell me in their letter that I 'have failed to make an acceptable repayment proposal'.

 

I don't know what else to do, I cannot afford to offer them any more than I have. Unfortunately it's for an old bank overdraft which I was reclaiming charges against and was rejected when the judgement was made.

 

They keep on asking me to call in these letters, but I can't due to my condition, and I've even had a threat letter From Bryan Carter solicitors.

 

Any advice would be appreciated.

[palomino]

Sorry to hear about your circumstances. There are several others here like your self.

 

Ignore their requests to call them. Instead write to them explaining your circumstances and offering them £1/month. Send the first payment (postal order) with your letter and send the letter by recorded delivery.

Every month after this send another £1 payment. Ensure you do this religiously.

 

Then just ignore any correspondence they might send.

 

Fredricksens/Bryan Carter might lodge a claim in the County Court but it won't get very far if you can show that you have been making regular payments - and that Freds have been making no attempt to resolve the matter.

Should a judgment (CCJ) be granted then you will not be asked to pay more than you can afford (you will need to be able to prove your financial circumstances to the court).

 

Stick with it. Come back here for advice and support - sometimes the latter can be just as important when you're out on your own.

[WetCloth]

Sorry to hear about your circumstances. There are several others here like your self.

 

Ignore their requests to call them. Instead write to them explaining your circumstances and offering them £1/month. Send the first payment (postal order) with your letter and send the letter by recorded delivery.

Every month after this send another £1 payment. Ensure you do this religiously.

 

Then just ignore any correspondence they might send.

 

Fredricksens/Bryan Carter might lodge a claim in the County Court but it won't get very far if you can show that you have been making regular payments - and that Freds have been making no attempt to resolve the matter.

Should a judgment (CCJ) be granted then you will not be asked to pay more than you can afford (you will need to be able to prove your financial circumstances to the court).

 

Stick with it. Come back here for advice and support - sometimes the latter can be just as important when you're out on your own.

 

Thanks for your time and advice.

 

I offered £3 - should I now offer less or the original payment?

[PGH7447]

have you considered claiming your bank charges under the hardship scheme

[WetCloth]

have you considered claiming your bank charges under the hardship scheme

 

I did and was flat out rejected by Natwest, despite having multiple creditors, difficulty paying my utilities etc..

 

Prior to claiming charges Natwest treated me with appaling suspicion and doubled the balance of the account by piling on interest while I was making nominal payments.

[PGH7447]

Did they offer a reason? did you complain to any regulator on their decision

[WetCloth]

Did they offer a reason? did you complain to any regulator on their decision

 

No just a vague statement saying they did not beleive I was suffering hardship.

 

Don't I have to complain to them first?

[the_shadow]

...Or.... being a little devil I would CCA s78 the DCA chasing the debt, overdrafts are partially covered under CCA1974

 

Its up to them to provide info on the initial request for an overdraft and claim exemption of the CCA

 

S.

[the_shadow]

No just a vague statement saying they did not beleive I was suffering hardship.

 

Don't I have to complain to them first?

 

You do but then you need to proceed to the FOS if the bank dont comply or give a good reason, FOS has had a go at banks for using the letter of rejection to test peoples resolve to continue, basically not even looking into the account details and circumstances...

 

Never ever give up at the first letter of rejection ;-)

 

S.

[WetCloth]

...Or.... being a little devil I would CCA s78 the DCA chasing the debt, overdrafts are partially covered under CCA1974

 

Its up to them to provide info on the initial request for an overdraft and claim exemption of the CCA

 

S.

 

They already provided statements after I sent them a prove it letter. Would they not consider such a move spurious and simply ignore it?

[the_shadow]

Not if they want to collect the debt, under CCA they have to respond to the s78 in 12+2 days...

 

A little bit of light reading Taken from an overdraft thread on this board...

 

I've underlined the important bit.....

 

An overdraft is a debtor creditor agreement as defined under section 8 and 13 of the CCA and is running account credit as defined in section 10. This has high court case law - coutts vs sebastyn.

When they say it is not CCA, what they mean is that there is part v exemption from the CCA but,

-they still need to show the contractual arrangement set up with 30 days of the o/d

-they still need a valid default notice

-they still need a termination notice.

 

A current account is covered by the banking code (FSA) and does not offer credit facilities. An overdraft is a credit agreement and as such CCA.

 

This is my specialist area I've seen off HSBC and LTSB on this. They will try to tell you that CCA does not apply to an o/d this utter nonsense. What tehy mean is that they have the part v exemption. So a SAR requesting specifically the default and termination notices plus the letter they sent you within 30 days of setting up the o/d (which must include interest rate and conditions such as limit) will tell you if they can enforce it. But I would still start with a CCA for the o/d it is for them to prove part v exemption.

 

A CCA request applies to an overdraft until and unless they tell you in writing that it is Part V exempt. At that point they must provide all the documents under the determination for the overdraft to be enforceable else section 78(6) of the CCA applies.

 

[edit: Apologies for being unable to say which thread and who posted this originally... my index doc got corrupted ]

 

S.

[WetCloth]

You do but then you need to proceed to the FOS if the bank dont comply or give a good reason, FOS has had a go at banks for using the letter of rejection to test peoples resolve to continue, basically not even looking into the account details and circumstances...

 

Never ever give up at the first letter of rejection ;-)

 

S.

 

Could I complain about their general handling of my debt prior to my claim for charges/hardship - would this constitute 2 separate complaints?

 

Also, would the debt then be in dispute under the banking code if I chose to complain/dispute to natwest about the decision?

 

They also called in the DCA before I received my final rejection that they would not consider my case under the normal rules. Isn't there meant to be an 8 week period of possible appeal/complaint after the decision? Can they pursue the debt during that period?

[WetCloth]

I haven't been well and Fredrickson have flat out rejected my offer of repayment, threatening to use Bryan Carter if I don't pay in full in 48 hours.

 

Haven't CCA'd them yet due to illness. Will do monday. I would be grateful if someone could help me with the questions I asked in my previous post too if possible.

 

Also, which address should I use for the CCA?

[palomino]

The Banking Code no longer exists. It was replaced by the Lending Code last November.

 

It will come as no surprise that the new Lending Code disclaims any validity in relation to making complaints to such bodies as the Financial Ombudsman Service. Look at the introduction point 5 here - http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf.

[WetCloth]

The Banking Code no longer exists. It was replaced by the Lending Code last November.

 

It will come as no surprise that the new Lending Code disclaims any validity in relation to making complaints to such bodies as the Financial Ombudsman Service. Look at the introduction point 5 here - http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf.

 

That's terrible - what counts as a dispute now then?

[palomino]

What it means is that any breach of the lending code cannot be the basis of any claim to the FOS.

Which raises the point about what exactly it is for. But this is moving slightly off-topic.

[diddydicky]

if they don't want to accept your offer then write and tell them that you will make an application to the court for a time order

[WetCloth]

if they don't want to accept your offer then write and tell them that you will make an application to the court for a time order

 

I'll see what happens down the s.78 route first. Presumably they'll claim exemption and I'll end up having to SAR them for the relevant documents.

 

I'm kind of hoping another definitive avenue for claiming charges back will arise soon. Been treated appallingly by both Natwest and Fredrickson over the past couple of years or so. My health is suffering because of them. The balance is basically made up of what I've been charged over the years, plus extortionate interest which doubled the balance of the account while I was making token payments. They knew I was ill and on benefits; they had the evidence, yet acted like complete pigs, even sending me a patronsing letter doubting everything on my financial statement. I'm just full of rage, contempt, fear and sadness about all this.

[the_shadow]

What it means is that any breach of the lending code cannot be the basis of any claim to the FOS.

Which raises the point about what exactly it is for. But this is moving slightly off-topic.

 

Hmm but if the lending code is a "code of practice" then it does become binding under Consumer Protection from Unfair Trading Regulations 2008

 

 

S.

[WetCloth]

Ok, after ignoring my initial financial statement, they have now sent me this cracker to fill out:

 

 

I haven't included the reverse. Should I even bother, or should I simply resend my cccs form along with proof of benefits?

[PGH7447]

I know what I would do and it aint a pretty sight

[WetCloth]

I know what I would do and it aint a pretty sight

 

It's a nice thought , but i actually want them to accept my offer and leave me alone for a while.

 

All the form appears to be geared up to do is find out whether someone has assets and to gain access to an individual's bank details - probably for the purpose of intimidating them into selling their posessions. I can't see why else they'd be asking such specific questions i.e. whether you are a furnished or unfurnished tennant.

 

This question on the reverse is also telling:

 

"Please confirm you have discussed the use of assets to make lump sum payments?"

[the_shadow]

Ok, after ignoring my initial financial statement, they have now sent me this cracker to fill out:

 

 

 

I haven't included the reverse. Should I even bother, or should I simply resend my cccs form along with proof of benefits?

 

haha they really do take the biscuit... someone comes along they want to pay and are willing to pay what they can afford and yet they still try and make them jump through hoops! :mad:

 

Yep, definately do NOT fill in that form, far too much detail on there, or alternatively just transcribe the bits you have given them already onto their form and leave the others blank

 

S.

[WetCloth]

haha they really do take the biscuit... someone comes along they want to pay and are willing to pay what they can afford and yet they still try and make them jump through hoops! :mad:

 

Yep, definately do NOT fill in that form, far too much detail on there, or alternatively just transcribe the bits you have given them already onto their form and leave the others blank

 

S.

 

Well there is no way they are getting any bank account details anyway because I don't do direct payment. As you say I may just ammend the form or leave stuff blank, and include a copy of my original statement.

 

I'm willing to pay token installments in the interim. I'll have a look at the relevant documents after they respond to my s.78 cca request (if I have them, if not then I'll s.a.r. them). If they comply then, fine, I'll pay what I can afford. If they don't then....

[WetCloth]

Not if they want to collect the debt, under CCA they have to respond to the s78 in 12+2 days...

 

A little bit of light reading Taken from an overdraft thread on this board...

 

I've underlined the important bit.....

 

 

 

[edit: Apologies for being unable to say which thread and who posted this originally... my index doc got corrupted ]

 

S.

 

"-they still need to show the contractual arrangement set up within 30 days of the o/d"

 

Which document/s would they need to provide to show this?