Fredrickson's - Statute Barred

[katypie]

I've received a letter last week from Fredrickson's saying they know have my debt from Captisl One. Today I got a yellow 'Confirmed Resident' card from them saying if I don't contact them to pay they will pass it to a solicitors for immeditate litigation. Having checked my bank statement, the last payment I made to them was a cheque that was cashed on 26th April 2004. I haven't had any contact with them since and haven't acknowledged the debt though I have ignored a few letters. It should be statute barred in 4 days? Should I just hold fire until 26th then send off the standard letter?

 

Thanks, having a bit of a panic.

[cerberusalert]

It'll take longer than 4 days for them to receive the SB letter and check the a/c.

[katypie]

Thank you!

 

So do you think I should fire off the letter now? Send it recorded delivery to the PO Box and date it 26th?

[cerberusalert]

Just send it on Mon, nothing's going to happen before then anyway.

[katypie]

Thanks so much.

[katypie]

I have just noticed on the postcard I received today that it was dated 14th April. I am now worried that they will have already passed it for court proceedings before I can send my statute barred letter

[cerberusalert]

I doubt it, they'd have to pass it across the desk to Brian Carter first & then he'd have to threaten next.

[katypie]

Ah so they have to send me a standard warning letter first? Lovely stuff

[DonkeyB]

You could send the 'prove it' letter first - in that way, while they arse about, you are not even acknowledging you know anything about it. Should take them till July to ort that one!

[NailPost]

Being statute barred doesn't mean the debt dies but it prevents these cretins from taking legal action to recover it. This is a scare tactic by Freds to try and get you to acknowledge the debt just days before it becomes SB. If you do that before Monday the clock is rewound. After Monday the matter's barred and nothing will unbar it.

 

And just because you've checked your bank statements and noticed the date of the last payment doesn't me that Freds or their minions will have any paperwork to support any court claim they might make. That would scupper them straight away.

[DonkeyB]

Beware also that it's worth waiting until at least a month after the last payment then adding six years.

 

It has been claimed before that the SB does not begin until the next payment is due and missed.

[katypie]

Ok so I should send the prove it letter now then instead? Where is this letter?

 

Then once they have responded it will be statute barred anyway?

[PGH7447]

The Consumer Forums - Debt collectors

 

letter 18

[DonkeyB]

Ok so I should send the prove it letter now then instead? Where is this letter?

 

Then once they have responded it will be statute barred anyway?

 

Freds are not renowned for their speed of response - they tend to put their energies where people panic and pay.

 

Send the letter recorded, however - if they then try and take you to court on a disputed debt they will have a problem.

 

Who was the account sold to by Crap 1? I'm assuming it was sold/assigned - usually is...

[DonkeyB]

Additionally, Freds will probably not have the date of last payment - they may be relying on the original recorded default logged by Crap 1, which would have been sometime after that. So you may have an advantage here.

[katypie]

I think Lowells gave it to Freds.

 

I will put the Prove It letter in the post (Recorded) today. Would it be worth sending one to the PO Box and then another to the Registered Office address?

 

So if they come back with proof, I can then send the statute barred letter?

 

Sorry to ask so many questions

Edited April 23, 2010 by katypie
additional info

[NailPost]

No, one letter to the address on the envelope will suffice. Keep the recorded delivery receipt carefully. Nextweek check on the Royal Mail site to see when the letter was delivered and print that off. That's all you have to do.

[DonkeyB]

Lowells... yeuch!

[crankiboy82]

is keeping the receipt for the recorded delivery not enough?

 

my printer isnt working at the moment!

[DonkeyB]

It's just nice to know it got there - the notice of delivery is your proof they have received and signed for it. Otherwise, your receipt can only prove you posted it.

[crankiboy82]

lol of course, thanks again donkey il get it done somehow....

[katypie]

Well I posted my Prove it letter recorded on the way home. Got home and would you believe I had a letter stating if it wasn't paid in 7 days (dated 20th april) they would take court action. I presume their moving so fast would be due to it being almost statute barred. Hope my letter gets to them in time.

[DonkeyB]

I'm sure it will. That's the exact reason to send it recorded!

[katypie]

So if they get a solicitor to send me letters I can send them a copy of my letter to Freds stating the account is in dispute?

[DonkeyB]

I imagine the only solicitor that might get involved is Bryan Carter, so you should be really scared... NOT!