spooked into paying Fredrickson on an old Express finance PDL - help

[merbie13]

Hi!

I have a prob with these people now having rang my mother in laws house

( I have never lived at her address or used it as a contact number !!).

 

I have had a couple of letters from them but forgot to sort it out.

I assume the number that i dont reconise on my landline must of been them,

but last week i recieved a call from them at my work but as i was in sugery i could not take their call but

 

today i got a call from mum in law saying they had rung her house.

 

Any advice on what to do, am panicing like hell now as dont want in laws to know my buisness or be dragged into it

Any advce would be good???

[rebel11]

Hi merbie

 

Don't panic, well for starters, phoning you at work is against OFT guidelines. That incident should be reported to the OFT. You should also report the matter to Consumer Direct/Trading Standards.

Send this letter Recorded. http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment

Make sure you write CC: Trading Standards, with the address of your local office.

In the letter also write that the contact they attempted to make at your place has been reported to trading standards/OFT.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance

 

You could consider purchasing Truecall.

[merbie13]

How on earth did they get to phone my in laws???

[rebel11]

Hi Merbie

 

It's probably on some info they have come across, you could send them a SAR Request which will cost £10, they will send you all the information they have on you. They have 40 days to respond.

[merbie13]

hI THERE!

i GAVE IN AND STARTED A PAYMENT PLAN WITH THEM AS CALLS GOT TOO MUCH,

 

I WAS WONDERING IF IT S TOO LATE TO CCA REQUEST THEM.

 

I MISSED LAST MONTHS AND NOW THERE PHONING AGAIN!!

 

ALSO THIS IS FOR A PAYDAY LOAN,

 

CAN IT BE ENFORCED IF IT IS NOT A SIGNATURE BUT A TYPED IN NAME AS U DO ON THESE THINGS

[teaboy2]

Defiently CCA them as i can honestly say that the chances are it is unenforcable

and that the amount applied for will show on the agreement

and not that of what was actually loaned to you,

 

therefore the interests amounts will be incorrect,

which also makes it unenforcable.

 

I have dealt with payday loan companies before for my friends and won every time on uneforcable agreements,

 

without having to goto court.

 

Plus when you get the agreement look at the bottom of it as i bet it will have a computer file directory simimlar

to C:\Users\(my username)\Documents\Backup 1\debt mangement etc with a date on the end.

 

that date will be vital too as it will show when the agreement was last edited,

 

if the date is after the date in which you applied/recieved the loan and closer to when you made your request,

 

then its evidence of either tampering or possible proof that the agreement was created on that date and not the date shown in the actual agreement.

[sillygirl1]

Which payday company is involved and how much have you repaid of the original loan amount (this does NOT include inflated interest, default fees etc). With payday loans the rule of thumb is the original loan amount plus one months interest payment, particularly if the loan has been rolled over several times. The name of the company is important as several of these have been in trouble with the OFT recently.

 

Like Teaboy2 it is relatively easy to destroy their agreements and their particulars of claim should they try court, I've had six claims thrown out by the courts before it got to judgement and one is in mediation at the moment... they bumped £150 up to £1,500 and tried to bankrupt the defendant. If we win on the mediation side details will be available on CAG for others to use.

[merbie13]

OK so i cca'd them it was signed for on the 26th and i got a letter today dated 27th, saying that i have failed to make an acceptable repayment propasal on this account, its not in my intrest to ignore this letter, thhis debt wont go away, blah blah blah, no mention of agreement or such, what is next step for me??? Funny enough i ve not had any phone calls as i had put a harrasment letter in there too!!!

[teaboy2]

Ignore it, chances are they have not yet processed your CCA request prior to that letter being printed and sent.

 

Once it has been 12 days from them receiving your CCA request, send them the below letter.

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted. (Delete if no letter mentioning you request has been received by you)

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 working days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become currently unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

 

I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone.

 

Yours faithfully

[merbie13]

Ok! so i got a letter today saying .

we have been instructed in relation to this account on behalf of our client, Express finance and have acted in good faith upon their instructions. we note your request for documents under cca 1974 and confirm that we have requested these from our client on your behalf .

Also they say they have taken all telephone numbers from their system. phew! i hope so.

Do i sit and wait now??

[teaboy2]

Yep... Thats pretty much the standard letter they send out when waiting for the original creditor to forward them the paperwork. So sit back and wait and see what they send you next.

[merbie13]

ok thanks, should i send dispute letter still when 12 days are up still?

i didnt actually signed anything it was a print name in box online does this make any difference:-)

[teaboy2]

Yes still send the letter above after the 12+2 days have passed.

 

As for the signature in the online application/agreement, it doesn't change anything really. But either way do not sign your letters to them, just print your name.

[merbie13]

i have recieved a cca today, but where it says signature it has my name printed, and no where on there have a signed, any suggestions

[teaboy2]

Can you scan and post up a copy minus your personal and account details, as we need to see the whole document. I wouldn't worry about the signiture as its the rest of the document thats important.

[merbie13]

will get hubby to have a go as im useless at it

[merbie13]

Hi Guys, having sent a harrasment letter sometime ago. this company have once again sent a letter to my in laws house any suggestions what i can do about it. Its rather embarrassing as i dont wish my inlaws to know my business

[merbie13]

Hi!

I have had probs with these guys before. I sent the harrasment form to them and heard nothing, now today out of the blue my inlaws recieved a letter addressed to me at their house. I have never lived the or used there address in my life. What can i do now as its rather embarrasing as i dont want my in laws know ing my business!!

Many thanks

[dx100uk]

contact the oft

 

very very naughty

 

dx

[PriorityOne]

Make an official complaint to Freds.... and send by rc. delivery. Sounds like a ploy before Mr. Carter issues his papers (to the wrong address); hoping for a CCJ by default.

[Bazooka Boo]

Dear oh dear, they never learn do they!

 

OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

[merbie13]

Thanks guys what do i say to OFT. Also do i send letter back to Fres saying not known at this address ?

[merbie13]

Also went on OFT website and was totally kurfuffled!! Any advice?

[PriorityOne]

Thanks guys what do i say to OFT. Also do i send letter back to Fres saying not known at this address ?

 

No.... you write back and make a formal complaint. The OFT won't help you as an individual.... so it won't do you any favours to dwell upon them too much. You will need to be pro-active with Freds. By making a complaint, you are putting the onus upon them to issue a written response to it.

[merbie13]

Sorry to be a pain but what kinda thing do i say?