Fredrickson International Limited Help Needed!

[Guest Cartaphilus]

Today I have received a letter from them, dated two days after I posted here about Moorcroft's last letter ... I have not been notified of any transferrence of this debt to anyone, but this is now the same debt that was with Moocroft.

 

The letter says:

 

DO NOT IGNORE IMMEDIATE PAYMENT REQUIRED

 

We are instructed by Phoenix Recoveries (UK) Ltd S.a.r.l. to collect the above debt which is now seriously overdue. (This is also the first time I've been made aware that the client is now also Phoenix Recoveries, and they've also never been referred to in any letters before now, and definitely not the original creditor, either).

 

You have failed to pay the balance of £xxxxxx which remains outstanding despite previous repeated requests for payment. Our client now requires immediate payment in full to avoid further action.

 

YOU MUST CONTACT US IMMEDIATELY ON 0845 0349701 to discuss the matter further.

 

Payment should be made to FREDRICKSON INTERNATIONAL LTD quoting our full reference number. For your convenience payment can be accepted by Maestro, Delta, credit card or cheque.

 

This is a serious matter and you may wish to seek independent legal advice.

 

I was in the process of CCAing Moorcroft but now this company has shown up without warning.

 

I have read nothing but bad things about them and am now quite worried as a result.

 

Can anyone help with this, should I now bother with CCAing them or is it too late for that now?

 

 

 

[Guest Cartaphilus]

Done some reading on here, should I send this letter as I don't owe Phoenix Recoveries any money on the basis that they are not the original creditor?

 

Dear Sir/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 Office of Fair Trading debt collectionGuidance 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. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

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 the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

Only, I don't want to do anything wrong which will make things worse for me. So, if anyone here has any ideas what to do next I will be grateful to them. Edited September 18, 2010 by Cartaphilus

[unclebulgaria67]

Yes. I would also suggest adding a paragraph stating the you have had recent correspondence from Moorcroft about the same matter and that they are not allowed to be involved in any collection activity. You therefore suggest that they discuss this with the creditor of the account, to find out why two debt recovery companies are actively chasing this account, for which you have no knowledge. Add that if any further correspondence is received, that you will report this to the OFT/Trading Standards.

[Guest Cartaphilus]

Hadn't thought of that, but yes it makes sense as it appears two DCAs are chasing for the same thing.

 

The creditor is Kays, if that makes any difference to anything. So, quite where this Phoenix Recoveries has arisen from I have no idea.

[unclebulgaria67]

I think Phoenix purhase debts, so they might be chasing, not realising a previous request by someone to involve Moorcroft.

 

These debts just float around the system on spreadsheets, issued by by the various. Too many debts for companies to keep control of. This is why the banks collapsed, as they had no bl**dy clue, what debts they had invested in.

[Guest Cartaphilus]

Just getting a bit confused. Do I still need to CCA or not?

Edited September 18, 2010 by Cartaphilus

[Guest Cartaphilus]

Okay, let's change the question ... What can I now expect from this firm?

[unclebulgaria67]

Why not write to both Moorcroft and Fredrickson, sending each a copy of the other companies letter. Ask them why the both appear to be chasing the same alleged debt, for which you have no knowledge. Tell them that this is against OFT guidelines and that if this continues, you will report them both. Tell them that you will not look into this further until they sort out between them who is dealing with the account and provide full evidence the debt exists and is enforceble. e.g. a copy of the original creditors CCA and statements of account.

 

It is up to you, whether you do this within the prove it letter you posted earlier or a letter simply stating the above. Personally I would just send a simple letter, asking why they are both chasing this and to request proof.

[Guest Cartaphilus]

I know, it's just with reading so much about them ... It's not very easy for me at the moment, as I have had problems with my breathing for a long while, so I've been given inhalers for the time being until more investigations are done ... which is for 3 months to see if the blockage I have in my lungs (I don't nor have ever smoked so total mystery how or where I've got it from) has gone ... so I am trying to struggle with that and the impact it's having on me. I am no longer a young person you see (well I am young but just not 21 anymore )

 

Just really worrying over everything. Just I want to know I am doing the right things.

 

Because it's a new DCA, and because of what I've been reading. It's why it's got me worried.

[unclebulgaria67]

I think the more you read about any company the more you will worry. Just try not to.

 

Think about it. If they could have collected the debt, using the courts why haven't they. They probably don't have the paperwork to collect the debt. So instead they just send 'threatograms and make silly phone calls.

 

Send the letter I explained in my last post. Wait for them to reply, confirming which company is legally assigned to collect the debt and with proof the debt is both yours and enforceable.

 

Nb. If you feel that the doctors have not treated your condition properly, go back to see them. Sometimes with doctors, you really have to keep on at them, before they will refer you for further tests. They often want to do things on the cheap. I lost a lot of faith with doctors when they failed to treat a relative properly and I would like to have sued them, but the rest of the family did not want to prolong any distress.

[Bazooka Boo]

Don't be worried, I know it is far easier said than done, but what use is there in worrying?

Worrying is like a rocking chair, it gives you something to do, but doesn't get you anywhere, so don't!

 

Whilst you convalesce, make a formal complaint about Freds, phoenix and Kays to the OFT&TS via http://www.consumerdirect.gov.uk/contact mention that you now have two DCA's chasing after the same alleged debt, and you are of ill health.

Take some time to read through the OFT debt collection guidelines http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

If it was with moorcr@p then it is extremely likely to be a figment of their imagination and totally unenforceable.

 

Once Freds realise that they won't get a penny from you, they will more than likely pass it onto their disgrace of a solicitor, Bryan carter, who again once he realises that you will put up a fight, will back down and crawl back under the slimy rock he came from.

 

Catalogues, to my knowledge, never have the correct paperwork, when did you have this agreement/credit with them? A very simple way to put this to bed is to send whoever is chasing you for money a CCA request. So in this case you should send freds, and only freds, this: http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

As for moorcr@p you can ignore them.

 

Send the CCA request recorded delivery, they then have 12 'working' days to supply an enforceable agreement, enclose a £1 postal order, and always PRINT your name.

[Guest Cartaphilus]

Thanks. It's usually me telling others not to worry. Sometimes I do lose faith, and it breaks my heart at times seeing others in the same position.

 

U67 ... Know what you mean. Sometimes I often worry about fighting back, though I try to be strong for others, because of that.

Thank you both for your replies and advice.

[Guest Cartaphilus]

Post got duplicated, may have been because was posting from my phone but back on PC now.

 

The account was opened a long while ago. Don't even remember when, sometime in the early 2000s.

 

So, plan of action now:

 

1) CCA FS

2) Make a complaint

Edited September 18, 2010 by Cartaphilus

[bagshot]

Hi everyone, I have a phone call and text message from Fredrickson International...I spoke to a rudely manner chap who asked me for their reference number which I agreed to give as it was on the text message. Then he asked for my personal details to which I asked why as the reference number he gave will hold my details. The guy was very rude and stated he could not continue the call unless I confirmed personal certain details. I told him why should I give my details to him if I have never heard of them nor spoken to them before...and hung up....haven't got a clue who they are chasing on behalf...

[Guest Cartaphilus]

Welcome, but would you start your own thread please. There are other frederickson threads here for example ...

[Bazooka Boo]

Hi everyone, I have a phone call and text message from Fredrickson International...I spoke to a rudely manner chap who asked me for their reference number which I agreed to give as it was on the text message. Then he asked for my personal details to which I asked why as the reference number he gave will hold my details. The guy was very rude and stated he could not continue the call unless I confirmed personal certain details. I told him why should I give my details to him if I have never heard of them nor spoken to them before...and hung up....haven't got a clue who they are chasing on behalf...

 

Freds go hand in hand with the sleazy and embarrassing Bryan Carter....( I really loathe this man) If you can start your own thread then others will be able to advise you accordingly, as it will only go missed amongst this thread, BUT check your credit file, if your bothered by it, either way, whatever the freds muppets want, can be put in writing, don't ring the spotty phone drones again, they really are as much use as indicators on a submarine, and all work on commision so you agreeing to pay them anything over the phone is beer tokens to them.

[Guest Cartaphilus]

I am not going to be hopeful, I expect things will get worse maybe for me. I am such an idiot, I keep messing things up. Repeatedly. Hope blew away in a storm.

Edited September 25, 2010 by Cartaphilus

[huggys boss]

Hi everyone, I have a phone call and text message from Fredrickson International...I spoke to a rudely manner chap who asked me for their reference number which I agreed to give as it was on the text message. Then he asked for my personal details to which I asked why as the reference number he gave will hold my details. The guy was very rude and stated he could not continue the call unless I confirmed personal certain details. I told him why should I give my details to him if I have never heard of them nor spoken to them before...and hung up....haven't got a clue who they are chasing on behalf...

 

Start your own thread re this matter and you will get all the help you need.

 

Seeing how you have just found us, WELCOME to CAG.

 

Rule 1) Never ring a DCA, always write and send by recorded delivery.

 

Look forward to seeing your own thread.

 

Good Luck

 

HB

[lord_tiger_putin]

Hi everyone, I have a phone call and text message from Fredrickson International...I spoke to a rudely manner chap who asked me for their reference number which I agreed to give as it was on the text message. Then he asked for my personal details to which I asked why as the reference number he gave will hold my details. The guy was very rude and stated he could not continue the call unless I confirmed personal certain details. I told him why should I give my details to him if I have never heard of them nor spoken to them before...and hung up....haven't got a clue who they are chasing on behalf...

 

It seems to pretty easy to deal with these slime balls, (Carter included). It seems that both sides of this misplaced outfit are only looking for easy targets, the first sign of resistance and they ran away, tail between the legs!

 

I received a letter from Fredrickson International:

 

LETTER BEFORE ACTION

 

I responded with a CPR request and soon afterward receive another template love letter (must been in the pipeline). Shortly after that I received the following:

 

"We refer to your recent communication.

 

Please note that we are no longer instructed in connection with this matter and have returned the account to our client"

 

This is the letter you can send:

 

[your address]

 

[their address]

 

[date]

 

Dear Sir/Madam

 

****NOTICE UNDER Civil Procedure RULES***

 

Re:− Account/Reference Number: xxxxxxxxxxxxxxx

 

This is in acknowledgement of your letter dated xx/xx20xx, received on xx/xx20xx. The contents of which have been duly noted.

 

Further to you [ stressing that county court proceedings will be actioned by yourselves should I fail to make contact]/[stressing that proceedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account], I remind you of Civil Procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

I put forward that you now have a requirement to provide me with;

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.
   
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.
   
3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Instant Cash Loans Ltd is required.
   
4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.
   
5. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial Breakdown of how the charge was calculated, and what the charge covers.
   
6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
   
7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.
   
8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
   
9. Copies of statements for the entire duration of the credit agreement.
   

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time, as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above, failure to comply will result in a complaint being made to the Court. In addition to the FOS for any breaches of OFT and CCA codes. This includes breaches as a result of initiating a County Court claim where failing to provide or produce documents make litigation improper.

 

Specifically this relates to one or any number of the following;

 

• demand any payment on the account, nor am I obliged to offer any payment to you.
  
• add any further interest or charges to the account.
  
• pass/sell the account or outstanding balance to any third party.
  
• register any information in respect of the account with any of the credit reference agencies.
  
• issue a default notice related to the account.
  

Furthermore, I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response, and should you need further clarification on any of the above points, then I suggest that you direct them to your legal department.

 

Yours Sincerely

 

PRINT YOUR NAME, DO NOT SIGN

[Guest Cartaphilus]

Well, I've had no replies to anything I've sent them. But it is still early, but I get the impression they may ignore it from reading other posts.

[lord_tiger_putin]

Well, I've had no replies to anything I've sent them. But it is still early, but I get the impression they may ignore it from reading other posts.

 

When enough tome have elapsed after the CPR with no response, you can always send them this follow up. If they fail to respond then they make it only worse for themselves should they try their luck in court.

 

[your address]

 

[their address]

[date]

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxxxx

 

*Re: - Compliance with the Practice Direction (PD) on Pre-action Conduct*

 

You will be aware that since the introduction of the General Practice Direction (PD) on Pre-action Conduct introduced in April 2009, compliance with the general pre-action protocol is now compulsory, even in cases which will be most likely be allocated to the small claims track.

 

This allows the court to take into account the conduct of parties at all stages of litigation before the start of any court case. In every case where the matter is likely to be ‘In Dispute’ (as in this instance), the court will expect the parties to have exchanged information before starting a court case and to have given the other party a chance to settle the claim. If this is not done the offending party may be asked for an explanation and ordered to pay costs. Furthermore, the court may also suspend a court case until steps which ought to have been taken, are taken.

 

In your letter, dated xx/xx/20xx you threaten that you will take legal action should I fail to comply with your demands. As a direct result of this threat been made by you I made a request to you under the Civil Procedure Rule (CPR 31.14) on xx/xx/20xx regarding this account, requesting that you provide me with the information detailed in that letter. To date, you have failed to comply with my request and therefore you are in breach of the General Practice Direction (PD) on Pre-action Conduct.

 

I now herewith renew my request. Should you fail again to comply with this request, I will have to conclude that you refuse to comply with the General Practice Direction (PD) on Pre-action Conduct and I will bring this lack of compliance to the courts attention, should this matter actually proceed to trial.

 

Furthermore, on the xx/xx/20xx, I informed you that this account is ‘In Dispute’ as a result of [include your reasons], but you have again failed to respond. I re-iterate that fact and am looking forward to your response in the near future.

 

Yours sincerely

[Guest Cartaphilus]

Thank you.

Edited September 27, 2010 by Cartaphilus

[Guest Cartaphilus]

Should I take the silence from them as something to worry over, it's easier said than done I know or a sign of them not having a CCA? I am trying to avoid anything going any further, as TBH I will not cope with it.

[lord_tiger_putin]

Should I take the silence from them as something to worry over, it's easier said than done I know or a sign of them not having a CCA? I am trying to avoid anything going any further, as TBH I will not cope with it.

 

Before it really becomes serious you will get letters for Carter, there are a few letters, taking time, so nothing is going to happen soon anyway. You could sit and wait to see what they do.

[Guest Cartaphilus]

All you can do, really, isn't it? Waiting is hard, but also silence is worse still.

I will send that letter you gave me anyway if anything does come up. Who knows, it could get passed back to the OC to get a CCA.

Edited September 28, 2010 by Cartaphilus