Fredricksons and Bancruptcy

[underdog13]

Has anyone received a SD or bankruptcy order from Fredricksons/Bryan Carter?

 

I know these are one of the most virulent DCAs on the market and was wondering just how far they usually go.

[huggys boss]

I received a Letter Before Action from then on 17th September, and then after I pointed out the errors in their ways on the 23rd September I received a letter which states:

 

We refer to your recent communication.

 

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

 

It was pretty upsetting really, no farewells, no goodbye's and no fight.

 

It didn't even cost me the price of a stamp. Just one email and they were gone

[cerberusalert]

It was pretty upsetting really, no farewells, no goodbye's and no fight.

So you're not on uncle Brian's Christmas card list then?......... Shame.

[cerberusalert]

Bryan Carter is loathed to take on anyone who puts up a fight.... he much prefers to win by default.

[underdog13]

I received a Letter Before Action from then on 17th September, and then after I pointed out the errors in their ways on the 23rd September I received a letter which states:

 

We refer to your recent communication.

 

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

 

It was pretty upsetting really, no farewells, no goodbye's and no fight.

 

It didn't even cost me the price of a stamp. Just one email and they were gone

Thanks HB. What did you say to them to get rid of them? Nothing I say has any effect - it's like talking to a brick wall.

[underdog13]

Good to know, CA Just can't seem to get through to them; every letter is ignored and the threatomatics keep coming.....

[cerberusalert]

If he threatens court action send him a CPR 32.14 request.

[underdog13]

Thanks, CA - that sends him running, does it?

[cerberusalert]

Well for some reason he doesn't seem to like them... maybe he can't get his head around the legal jargon. )

[underdog13]

If he threatens court action send him a CPR 32.14 request.

 

MOJ website says this relates to false statements - is that correct?

[cerberusalert]

Sorry, it was 31.14

 

Send Carter this;

 

 

 

 

****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of

 

.............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 proccedings 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........... 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. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. 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.

7. 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.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. 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.

10. 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 Country 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 Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[underdog13]

Superb - many thanks CA

[huggys boss]

They were trying to chase an old catalogue debt, and I have been waiting for my CCA since 2008.

 

This is the email that seen them off

 

Hi, thankyou for your email requesting additional information.

 

My original email read:On the 3rd Sept you sent me a tracing letter with no account number on

it, which I am sure you know is in breach the OFT guidelines. I rang and

complained about this.

On the 10th September you sent me an "Immediate payment required letter"

this time with client details on.

On 15th September I sent you a letter explaining that on 18th Sept 2008

I had sent a request to Moorcroft for a copy of my Consumer Credit

Agreement for this account and to this day I still have not received it.

I explained that this account was in dispute, and that until my

agreement is sent to me, you have no right to persue it.

Today, I have received a "letter before action". You appear to have

completely ignored my letter putting this account in SERIOUS DISPUTE.

Could you please halt all activity on this account until you have

either referred it back to the original creditor or you yourselves

provide me with a copy of my CCA.

[underdog13]

Thanks HB

[huggys boss]

I find if you use little words when you speak to them, they don't get too confused and behave themselves

[underdog13]

Noting over two syllables, then? I can think of two words of one syllable I'd like to say to them:madgrin: