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    • I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.
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    • Thanks for your reply...much appreciated. Last payment date was December 2018. She had been paying £50/month from July, and they wanted £150/month, despite my partner losing her PIP (which was eventually reinstated after appeal). She stopped paying anything after they failed to supply a true copy of the original CCA (which she took out in 1981). Her name and address were different in 1981 due to marriage (and subsequent divorce!). Again, no mention of that in the “reconstituted” agreement which they supplied. Once again, many thanks and we both appreciate you putting time in to helping with this, especially due to the increased financial pressures of Covid on many people who also need your help.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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Frederickson International/Arrow/Paragon


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Hi, we received a letter from Fredrickson International last week about a 4.3k debt, apparently they're acting on behalf of Arrow and Paragon held the original debt. When my dad, who's 72 this year got the letter he called them up and offered them a pound a month. After telling me about how they refused I started looking in to things and we've decided to send off a CCA request letter and follow it up with a SAR if they can provide a proper one, but I have two quick questions.

 

First it's entirely possible that no payments or contact was made from us regarding this debt in the last six years, if that's the case does the fact that my dad made an offer prevent us from claiming the debt is statute barred, and if it doesn't does requesting the CCA and making a SAR to confirm information about the debt have an effect on it?

 

The second one is a lot simpler, since we're requesting data they hold on us the letter should be addressed to the Data Controller correct?

 

Edited to add link to photo of letter with all personal information excised.

hpim0256.th.png

Edited by Lewis1982
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hiya,

 

If you live in Scotland and no payment or acknowlegdement has been made in 5 years then it becomes statute barred. They have to prove that you have in that time, if they claim you have.;)

 

I would hold off for now re cca and sar and send the stautue barred letter first and see what they come back with:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

 

Always send recorded delivery and just print your name.

 

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Thanks a bunch Ida, I'll get that sent off recorded delivery tomorrow and see what they send back. And it's nice to be here, aside from the annoying debt collector ;)

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It's been a week and apparently the statute barred letter is still being progressed through the Royal Mail's system. We now have a Letter Before Action instructing us that if the debt isn't paid in full within seven days they'll take immediate action and additional fees will be added, honestly not too worried since as I said my dad's 72 and we're already paying off a few debts so I doubt the court will insist he pays too much a week. Still we sent the satute barred letter to their PO box address, should we try sending it again to a different address if we can find one?

 

Edit: comparing dates it seems to take four days for their letters to get to us so if you think it's worth sending the letter again I'll wait until Tuesday or Wednesday. Since even though we missed the last post on the Friday we sent the letter it should still have arrived by Wednesday, assuming the postman just hasn't bothered to get a signature.

Edited by Lewis1982
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They only have a few standard threatomatic letters and this is a fairly over used one. Does the letter say will take legal action or may take legal action? Normally you would receive another threatomatic from Fred's in-house solicitor first anyway - who being an English solicitor isn't allowed to practice as one in Scotland but nevermind.

 

Recorded delivery can take quite a while I'm afraid these days (up to a week is not uncommon) so don't rush to send off another letter.

 

Anyway if you need it Fred's address is:

Fredrickson International Ltd,

Persimmon House,

De Havilland Drive,

Brooklands BusinessPark,

Weybridge,

Surrey.

KT13 0NT

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory, it does say we will take legal action and then lists the debt, and the interest and legal charges that will be added on if it goes to court. I'll get the camera out and take a photo later, but I'll definitely wait until we get a letter from their solicitors then before sending next day delivery letters. Frustratingly the recorded letter is still being progressed through their system according to the website.

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We received a letter from Freddie's today thanking us for the correspondence and telling us that they're contacting their client for instructions and the account is on hold. Since neither dad nor I can remember anything about a 4k loan since my mum died in 2003 it should be either statute barred, or it belonged to my brother who was named after dad.

 

If it isn't statute barred then hopefully the CCA or SAR will sort out who it originally belonged to. If I remember rightly the yellow "give us the money" letter mentioned a successful trace, which seemed odd since we've stayed at this address for 20 years or so, and the only people who've been chasing owed money in the last few years are Capital One and Provident, both of whom should be paid off by summer next year with a bit of luck.

 

Anyway thanks for all the help so far and I'll be back in touch once there are any more developments.

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