Lowell / Fredrickson Issues - 02 Mobile

[johnrh]

Hi Everyone,

 

Sorry about this but these people are really beginning to bug me so i thought id ask the advice of people who know much more about it than me.

 

A number of years ago i had a mobile contract with 02, however, like so many others i hit financial issues and was no longer able to afford it. It ended at about £310 i owed to them.

 

It was idiotic of me but i ignored it hoping it would go away.

 

I hadn't heard anything from it for a number of years - going on 4/5 i think it is then out of the blue i get letters from Lowell Financial chasing me for this, again idiotic but i ignored them again, then they pulled in a company called Fredrickson International who put the pressure on a bit more.

 

I told them i wanted proof of the debt, both in letter and over phone and they sent a piece of paper out to me that has no real identifying issues. Additionally this piece of paper has this info at the top 2 lines:

 

DATE Type Debit Credit Balance

22/10/2008 Write Off-manual £310.49 £0.00

16/11/2006 Physical Payment £310.49 £310.49

 

This dont look right on posted version... on the 16th post it stated £310 on debt, 22/10 it stated £310 credit and balance of 0

 

Now to me..that looks like my debt has been written off in 2008. Also like i mentioned this piece of paper has no real identifying features on it.

 

I am not disputing i owe this debt however i have not said that to these people.

 

I'm in no better position now than i was when this became an issue, anyone that can help me it would really be very appreciated, this has started to keep me up nights lately.

 

Thank you all in advance

 

 

John

[sillygirl1]

Fredricksons and their sidekicks HFO, Bryan Carter and First Logistics are bottom feeders and are trying to get you to pay up more than you actually possibly owe. If I were you I would contact 02 and ask to speak to somebody senior and see if you can get the proper amount, I bet the £310 includes fees which take your contract up to a year and beyond.

 

Do not speak to Fredricksons on the phone as they are only intent on getting money from you by hook or crook (usually by crook) and they are unlikely to have actually paid more than about £30 for buying this alleged debt from O2.

 

Others will be along soon to help.

[sillygirl1]

If you didn't pay anything towards this alleged debt from 2005 then it is STATUTE BARRED.

 

I would check on when you last made payment and if it is 6 years then they cannot enforce collection.

 

Report Fredricksons for buying a statute barred debt to the Office of Fair Trading, Trading Standards (via Consumer Direct, you can upload the document they sent as proof of their stupidity) and to the Ministry of Justice.

[johnrh]

i dont think its been 6 years yet, something like october 06 so not quite 4 years. However my memory is poor and this information is what Fredrickson sent on that piece of paper additionally at one point in this info it says a balance of £10.67 and i have no recollection whatsoever that i ever paid something that low.

Edited September 2, 2010 by johnrh

[Bazooka Boo]

Phishing trip, lowlifes like to chase mobile phone debts as they believe they can't be argued or questioned, IMO I would send the the 'No debt acknowledged letter@ as what they have sent you is not even worthy of flushing down the toilet;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Don't worry about sending it recorded delivery, personally I would send it 2nd class (get proof of posting) and this will tell them exactly how much of a priority you deem this, see what they come back with, which will probably be nothing more than another piece of tissue paper which bears no relevance to you, which you can simply file under ignore, keep all correspondence mind, including their envelopes, and keep a diary of events, NEVER EVER talk to them over the phone EVER! Unless you are confident and can run circles round them.

[johnrh]

thanks so much for your help guys, is there any issues going on at all with the site as im having a very hard time connecting to the link you posted Baz.

 

Again Baz and sillygirl thanks so much for rapid responses

[johnrh]

additional, im asked to register, yet when i log in i still cant access the info

[johnrh]

*deleted*

Edited September 2, 2010 by johnrh

[johnrh]

*deleted*

 

Apologies, issues with web browser reposted the same thing 3 times

Edited September 2, 2010 by johnrh

[johnrh]

hi again everyone, i was hoping that leaving this a few days would fix my ie issues but i still cant access the link provided even with logging in, can i trouble you guys once more and request a copy and paste into here for me to do the same? also in regards to the letter do i state the company as the original debtor or the people trying to chase me up?

[silverfox1961]

Hi,

There have been a few issues since the revamp of the site but these will be addresed

 

Are you after the link that Bazooka Boo posted?

[johnrh]

yes silver, everytime i click it it takes me to the forum index and not what was intended, ive managed to find it int he library section yet i still cant get into the file itself, keeps saying sign up to read more or something along those lines

[harrassed senior]

This is the Prove it letter:

 

Dear Sir or Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[Halibutt]

As people have said John, your first port of call should be to get Lowell to prove - in writing - that they are legally entitled to chase any alleged debt. It may take them a couple of weeks to respond, or maybe several months. Either way, you will be a little more sure of where you stand. Take the advice from Silverfox, Sillygirl, Bazooka and HS and send the letter. Sit tight and await the outcome. I would advise sending anything by recorded delivery and head your correspondence as such, but that's just my way of doing things.

 

When you have some more information, post again here and let us know what's happening. I'm sure everyone will do what they can to help.

 

Best of luck mate.

 

H.

[johnrh]

thanks so much guys, in regard to this letter do i put the company name as O2 or as Fredrickson?

 

EDIT: never saw Hali's post sorry, thanks for clarifying it hali

[harrassed senior]

02/Fredericksons - should cover it!!

[johnrh]

hi again guys, im sorry to bump an old thread but ive just had a response from a solicitors in reference to this issue, i sent it as advised 2nd class by bazooka boo. I dont recall getting a reply from them, im worried that sending it 2nd class it never reached its destination.

 

Now i have a letter from a Bryan Carter Solicitors stating that i have 10 days to pay or they will refer it to courts, also the letter ends with This matter has now reached a critical stage and you may wish to obtain independant legal advise.

 

Whats my next step? The "proof" that was sent to me a while back was little more than numbers on a piece of paper that i could have produced myself in 10 minutes and had no identifying info whatsoever.

 

EDIT: sorry about renewing the thread but this is getting out of hand, i have no idea whetehr i have an issue or this is just another scare tactic

 

EDIT 2: Additionally, ive been reading the forums about this Bryan Carter, what is a CCA request and is it something i could send to him?

Edited November 22, 2010 by johnrh

[Bazooka Boo]

Ha ha, I'm glad you sent it 2nd class, a man of my own heart good for you.

There is absolutely no reason at all to think it failed to reach it's destination, IT DID, trust me, they are clearly deluded and infuriating, as this is the method of postage they all use, if it isn't 2nd class it will be walk sort or tnt, I have only ever had one letter sent to me via 1st class and that is from the foolish credit solutions.

If you check the letters you have received from BC/Lowell it will invariably be 2nd class, but it still got to you didn't it!

 

All BC needs is a modified version of failure to send evidence, as this is a mobile phone contract they fall outside of the remit of the normal CCA regs, so you won't be able to send them a CCA request.

If you satnd up to BC and he knows that you won't simply adopt the position and hold onto your ankles he will drop this like a hot potato, he normaly works along side Fredrickson International, have they not sent you anything?

 

That is normally this excuse of a solicitors first letter anyway, to everyone that has the misfortune of dealing with the horrible little man.

 

You could send him the same letter, the 'No debt acknowleged' with a little extra couple of sentences, saying that on the dd/mm/yyyy you sent Lowlifes the same letter to which they failed to respond or provide any evidence that this alleged debt exists and is owed by yourself, which you do not acknowlege it is.

Please therefore provide strict proof that this alleged debt, is indeed owed by me, how it has accrued and to whom.

Failure to provide such evidence will be my absolute defence and I will defend this allegation robustly.

I look forward to your prompt reply.

Or words to that effect.