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Fredrikkson & now Carter's**Court Papers Issued**


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OK first of all this is my debt, a debt that I have been trying too & want to repay & that I have been quilty of burying my head in the sand over it.

 

Two days ago I received my first letter from Carter's asking to pay the full amout or else (I have not made a payment since May), but that I still have 14 days in which to contact Fredrikkson in order to avoid further action. My debt is a credit card debt for £10xxx & I was making payments of over £300 a month to Fredrikkson, an amount that at the time I stated I simply could not afford but one which they insisted on, this lasted for around 3 months before I started falling behind with my mortgage payments (which is now up to date), this is also the time that I started to bury my head in the sand, but this simply cannot continue.

 

I want to draw on peoples experiences of being here at this stage, where do I stand with Fredrikkson now? Is it the full amout or nothing for them, or do people think they will settle for a lesser amount, or a lower (much lower) monthly agreement? I cannot pay the full amout, if I could I would & that would be the end of it! If proceedings carry on what can i expect from Carter's if they issue a claim, I appreciate that I won't be in court tomorrow but what are the timelines etc?

 

Too many questions & I'm probably racing ahead of myself about court etc, but I need to face this now before it's far to late & would appreciate your thoughts & your help,

 

Many thanks,

 

B.

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Hi,

Have a look around the forum re-Mr Carter. He is a thorn in the sides of many Caggers. He is also more likely to litigate than not.

 

Credit card debts are UNSECURED debts and as such come low down on the food chain. ALL priority outgoings come before CC debts.

 

Fredericksons nor Mr Carter can demand the full amount be paid-only a court can do that. You make an offer that you can afford and stick to it. If they went to court in full knowledge that you are trying to satisfy this debt, I would think the courts wouldn't look too kindly on them.

 

Are there any charges you could reclaim?

Have you CCA's Freds?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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OK first of all this is my debt, a debt that I have been trying too & want to repay & that I have been quilty of burying my head in the sand over it.

 

Two days ago I received my first letter from Carter's asking to pay the full amout or else (I have not made a payment since May), but that I still have 14 days in which to contact Fredrikkson in order to avoid further action. My debt is a credit card debt for £10xxx & I was making payments of over £300 a month to Fredrikkson, an amount that at the time I stated I simply could not afford but one which they insisted on, this lasted for around 3 months before I started falling behind with my mortgage payments (which is now up to date), this is also the time that I started to bury my head in the sand, but this simply cannot continue.

 

I want to draw on peoples experiences of being here at this stage, where do I stand with Fredrikkson now? Is it the full amout or nothing for them, or do people think they will settle for a lesser amount, or a lower (much lower) monthly agreement? I cannot pay the full amout, if I could I would & that would be the end of it! If proceedings carry on what can i expect from Carter's if they issue a claim, I appreciate that I won't be in court tomorrow but what are the timelines etc?

 

Too many questions & I'm probably racing ahead of myself about court etc, but I need to face this now before it's far to late & would appreciate your thoughts & your help,

 

Many thanks,

 

B.

 

I have to admit, Fred/Carter are my favourite outfit! I do not understand why people do not like them!

 

Carter is a [email protected] who hates been challenged, challenge him and he runs!! Simple!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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My Carter/Fred collection is growing at a steady rate!

 

This is one set of them:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=20063&d=1279541270

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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OK thanks SF,

 

I have not CCA's? Freds, I presume this means credit card agreement, in what sense does that apply please? I will get my head round this, & all the jargon, I think there are charges there somewhere but not a large amount, so next steps are, request charges & CCA? & stand upto Freds with what I can pay?

 

B.

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CCA=agreement request.

All you are asking is if Freds have the right to be chasing this debt. Supplying a VALID agreement is one way to do it.

 

I would also send a SAR to the original creditor to see whether they have followed protocol in assigning this debt.

Did you receive a default notice, Termination letter, Notice of Assignment (if the debt has been sold)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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CCA=agreement request.

All you are asking is if Freds have the right to be chasing this debt. Supplying a VALID agreement is one way to do it.

 

I would also send a SAR to the original creditor

 

Is it Capital One? If so, when did you sign the agreement? I will be able to tell you whether the agreement is enforceable, which could influence the way you play it.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Yes Cap1, got the default letter, termination letter & then a letter saying passed to an unstated DCA from Cap1, then letters from Freds started.

 

Can't find my agreement now but signed in 2005 or 2006 I think,

 

B.

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Yes Cap1, got the default letter, termination letter & then a letter saying passed to an unstated DCA from Cap1, then letters from Freds started.

 

Can't find my agreement now but signed in 2005 or 2006 I think,

 

B.

 

No surprise, If it is 2005 then it is un-enforceable, they changed the agreement towards the end of 2006, so if it was 2006, then it depends...

 

You say you cannot find your agreement, meaning you do have it? Would be a good idea to send CrapOne a CCA request because they are hiding about the Carey judgement to come with false reconstructions, comparing their reconstruction to the real agreement could be fun!!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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OK going to try & find it but not holding out much hope, I'm positive I signed in May or June just can't for the life of me think which year, so if it was 2006 it was early in that year if that helps.

 

B.

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OK, can't find my agreement but can confirm account opened in May 2006.

 

B.

 

I believe it will be un-enforceable. I am also pretty sure that they will not try to go to court as soon as they realise they are not going to get a default judgment.

 

How you want to handle this is up to you but these things will be useful stuff to help you getting what you want to get out of it. Despite this, they have to take what you offer, if you offer £20 a month, and it is all you can afford, then no judge will order you to pay more, and they know it. They are just hoping YOU do not know that!!

 

Just tell them what you can afford to pay, they can do nothing about it.

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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  • 2 months later...

Did you send a CCA request as advised?

 

Can you tell us the Particulars of Claim please?

 

Who is the claimant? Is it via Carter?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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OK thanks, claim is via Carters,

 

POC:

 

The claimants claim is for the balance due under an agreement which is now all due & payable.

 

The defendant agreed to pay monthly instalments under acount number xxxxx, but has failed to do so.

 

& the claimant claims the sum of xxxx

 

The claimant also claims interest theron pursuant to S.69 county court act 1984 limited to one year to the date hereof at rate of 8% per annum mouting to xxx.

 

Bryan Carter,

 

I did not get on top of this & did not send off a CCA, had one hell of a year last year & got sidetracked things just got out of hand & snowballed, this was the least of my priorities.

 

B.

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Is Cap1 the claimant?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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As court papers have now been issued, I'll move this thread to Legal Issues and rename the thread

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Bryan Carter are easily rattled, pity you didn't CCA them originally. You now need to partially acknowledge the claim, dispute the amount owed and CPR Carter, at which point he will possibly discontinue. Check out the other Bryan Carter threads.

 

Odd that Cap 1 are now using them, they usually go for Robbers Way and their sidekicks....

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Quick Q – has he claimed the whole amount?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I am going to suggest you hold off acknowledging the claim till the latest date possible.

 

Get a CPR 31.14 request done quickly , specifically for statements of account and the agreement. Give him seven days to comply.

 

When did you take the card out?

 

Did Carter send a letter before action or simply issue the claim?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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What’s the date on the claim form?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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