Fredrickson not accepting payment offer

[the_shadow]

"-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?

 

Most likely the ORIGINAL letter agreeing to give you an overdraft and giving details of the APR% at that time and charges etc...

 

IMO If they try to fob you off with a just an overdraft Renewal letter tell them you need to see the original agreement letter that would have been issued if they were following the CCA 1974 regs.

 

S.

Edited March 7, 2010 by the_shadow

[WetCloth]

Most likely the ORIGINAL letter agreeing to give you an overdraft and giving details of the APR% at that time and charges etc...

 

IMO If they try to fob you off with a just an overdraft Renewal letter tell them you need to see the original agreement letter that would have been issued if they were following the CCA 1974 regs.

 

S.

 

I'm just doing my SAR letter now and have included the following:

 

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information and should include:

· The contractual arrangement set up within 30 days of the overdraft

· Any default notices issued during this period

· A valid termination notice.

 

Should I change the wording or will this be sufficient?

[the_shadow]

I'm just doing my SAR letter now and have included the following:

 

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information and should include:

· The contractual arrangement set up within 30 days of the overdraft.

· Any default notices issued during this period.

· A valid termination notice.

Should I change the wording or will this be sufficient?

 

 

err Why are you asking for it?

 

The idea is to do the CCA request and then wait for them to show it not to go fishing for it yourself.

 

S.

[WetCloth]

err Why are you asking for it?

 

The idea is to do the CCA and then wait for them to show it not to go fishing for it yourself.

 

S.

 

Oh, maybe I've got my wires crossed then. Presumably I should wait for them to say they are exempt then ask them to produce the documentation?

[the_shadow]

Oh, maybe I've got my wires crossed then. Presumably I should wait for them to say they are exempt then ask them to produce the documentation?

 

You got it ;-)

 

S.

[WetCloth]

You got it ;-)

 

S.

Sorry, off to put my dunce cap on and sit in the corner

[WetCloth]

You got it ;-)

 

S.

Ok so just got this:

 

 

Was received on Thurs 4/3/10, so presumably I should still send them a non-compliance letter later next week if nothing turns up between now and the deadline? Or does referring it to their client mean that doesn't apply?

Edited March 12, 2010 by WetCloth

[the_shadow]

Ok so just got this:

 

 

Was received on Thurs 4/3/10, so presumably I should still send them a non-compliance letter later next week if nothing turns up between now and the deadline? Or does referring it to their client mean that doesn't apply?

 

Its up to you, you can either wait for them to send something which will prob state s78 cant be used for current accounts blah blah blah or you can send the account in dispute letter as soon as the 12+2 days target is hit..

 

Personally I'd send the account in dispute letter just for paper trails sake.

 

This letter from them means nothing, its just stating they dont have the paperwork on your account themselves and have to go to their client. The 12+2 days still applies.

 

S.

[WetCloth]

Its up to you, you can either wait for them to send something which will prob state s78 cant be used for current accounts blah blah blah or you can send the account in dispute letter as soon as the 12+2 days target is hit..

 

Personally I'd send the account in dispute letter just for paper trails sake.

 

This letter from them means nothing, its just stating they dont have the paperwork on your account themselves and have to go to their client. The 12+2 days still applies.

 

S.

 

Thanks Shadow. I'm just relieved to have a little breathing space after their attempts to bully me.

[count orlok]

I just got an identical letter in relation to an egg account.

 

Puts it all into perspective doesn't it?

 

BTW you've left the reference number at the bottom of the letter. Their ref: at the bottom right corner can be used to identify you.

Edited March 12, 2010 by count orlok

[WetCloth]

I just got an identical letter in relation to an egg account.

 

Puts it all into perspective doesn't it?

 

BTW you've left the reference number at the bottom of the letter. Their ref: at the bottom right corner can be used to identify you.

 

Yep, it does. Until they come at me with their BS again.

 

Thanks for that; taken it down. It's not that visible - at least not to me anyway.

[WetCloth]

Its up to you, you can either wait for them to send something which will prob state s78 cant be used for current accounts blah blah blah or you can send the account in dispute letter as soon as the 12+2 days target is hit..

 

Personally I'd send the account in dispute letter just for paper trails sake.

 

This letter from them means nothing, its just stating they dont have the paperwork on your account themselves and have to go to their client. The 12+2 days still applies.

 

S.

Well I got the standard response in the post:

 

 

Now...should I make a SAR, or should I reply back to CMS and ask for the documents directly to prove exemption?

[UnmoderatetheNet]

Apart from the options discussed.

 

I would bin the budget statement request they offered you, they cannot enforce its use.

 

Pay a £1 a month and tell them to get stuffed.

 

There really is little they can do.

 

This would not get court if you are paying and even if it did a judge would only look at what you can afford.

 

Freddys are threat monkeys nothing more, nothing less. I've had countless run ins with them and they will get bored when they realise they cannot intimidate you

[WetCloth]

Apart from the options discussed.

 

I would bin the budget statement request they offered you, they cannot enforce its use.

 

Pay a £1 a month and tell them to get stuffed.

 

There really is little they can do.

 

This would not get court if you are paying and even if it did a judge would only look at what you can afford.

 

Freddys are threat monkeys nothing more, nothing less. I've had countless run ins with them and they will get bored when they realise they cannot intimidate you

 

I'm only going to do that if they prove it's enforcable now. I've had enough of Natwest/CMS/Fredrickson/Carter pushing me around.

[the_shadow]

Well that letter just shows that the banks realise most people dont understand that overdrafts are covered by the CCA hence the "if you made this request in error" part.

 

Send the account in dispute letter and await there further "proper" response to the s78 request.

 

S.

[WetCloth]

Well that letter just shows that the banks realise most people dont understand that overdrafts are covered by the CCA hence the "if you made this request in error" part.

 

Send the account in dispute letter and await there further "proper" response to the s78 request.

 

S.

 

Hi Shadow,

 

So I should not even bother with requesting the documents yet?

 

Which dispute letter should I send, as there appears to be a few? i.e. one for non cca compliance, one for a DCA referring to dispute with original creditor etc..

Edited March 15, 2010 by WetCloth

[the_shadow]

Hi Shadow,

 

So I should not even bother with requesting the documents yet?

 

Which dispute letter should I send, as there appears to be a few? i.e. one for non cca compliance, one for a DCA referring to dispute with original creditor etc..

 

CCA s78 non-compliance, until they send a document that meets the requirements of the CCA act you should stick to account in dispute because they havent provided the info imo.

 

S.

[WetCloth]

CCA s78 non-compliance, until they send a document that meets the requirements of the CCA act you should stick to account in dispute because they havent provided the info imo.

 

S.

 

I take it I should leave out the part referring to unlawful demands for payment given Fredrickson have put the account on hold and Natwest haven't asked for any payment either?

[the_shadow]

I take it I should leave out the part referring to unlawful demands for payment given Fredrickson have put the account on hold and Natwest haven't asked for any payment either?

 

Its your call but personally I'd leave it in as I'm sure Freds will pick up the gauntlet after natwest tell them they have complied (in their eyes)

 

S.

[WetCloth]

Its your call but personally I'd leave it in as I'm sure Freds will pick up the gauntlet after natwest tell them they have complied (in their eyes)

 

S.

Yeah, that's sound reasoning for leaving it in.

 

Many Thanks.

[WetCloth]

 

Just received this beast from the storm troopers at Nazwest.

 

They are claiming they did not get the fee, which went with my original CCA request to D**kheadson International, so they have sent me the following letter, telling me what they are obliged to provide me, and a confirmation of the current terms of my overdraft.

 

I can’t for the life of me find the flipping receipt for the postal order I send to them.

 

Should I refer Natwest to Fredrickson and demand the correct documentation saying the fee has been paid, or send a new fee direct to Natwest and wait for my documents?

[palomino]

They have said that the overdraft is covered by the normal account terms and conditions, and that a confirmation letter was sent. There is no 'agreement' regarding the overdraft and no 'correct documentation' for them to send.

 

You could ask for a copy of the confirmation letter but it's not an essential part of S78 process. It might, however, prove interesting in itself.

 

The issue of the £1 is something you could make something of - if it wasn't for such a small amount.

[WetCloth]

They have said that the overdraft is covered by the normal account terms and conditions, and that a confirmation letter was sent. There is no 'agreement' regarding the overdraft and no 'correct documentation' for them to send.

 

You could ask for a copy of the confirmation letter but it's not an essential part of S78 process. It might, however, prove interesting in itself.

 

The issue of the £1 is something you could make something of - if it wasn't for such a small amount.

 

Thanks for your reply.

 

What about coutts vs sebastyn? Isn't down to Natwest to prove exemption by providing the confirmation letter that was sent within 30 days of setting up the overdraft facility and a valid default notice and termination notice?

[WetCloth]

I’m stuck, waiting for NatWest to respond atm.

I don’t know if I should pursue the issue using the Coutts Vs Sebasteyn case as an argument. It would be helpful if there’s anyone out there who has successfully used this to see off any banks. Certainly, Hungrybear (who is quoted earlier in the thread) said he was successful, but he appears to be unavailable right now.

If there’s anyone out there that has used this argument, then it would be great if you could allow me ask you some questions, and possibly see some correspondence so I can formulate a decent reply etc.