sknitscot gets a bryan carter letter

[skintscot72]

Another Bryan Carter / Fredrickson International matter - advice needed!

[apologies if this is thread hijacking, pls move me to another thread if appropriate]

 

Hi folks, I've been looking at this site for a wee while as I've been up my neck in grief, and you guys really seem to be on the pulse. So registered in the hope some sage advice can be offered.

 

I'm being chased by Fredrickson / Bryan Carter, who have been doing the usual stuff - relentless phone calls and text messages etc. I've not answered one of them. Then I got the (as now seems obligatory) Bryan Carter letter threatening all sorts unless I coughed up. As this was about the time I saw this forum I read up on a few things, before sending off a letter (with £1 postal order included), along the lines of the CCA letter, also sprinkling the letter with the usual references to appropriate legislation, OFT guidance etc. At the same time, I also included the section FAO Data Controller re: Data Protection Act, to remove all phone numbers etc. and only accept written comms.

 

I sent this 1st class recorded delivery and it was successfully received (with signature) by them. Yet I've received a nasty-gram from them saying that they are offering "one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim at ...... At this late stage and as a gesture of goodwill we are prepared to accept a full and final settlement on this account provided that you contact us on ....." blah blah.

 

NOW, if I'm right (and I am VERY open to being corrected!) if I've sent the CCA letter to them, doesn't that mean that the account was 'in dispute', and they couldn't make any more demands etc. ? Also isn't this another breach of OFT guidelines on pressuring debtors to make unreasonable payments . Needless to say I've not received ANY sort of response to the CCA letter, which I have proof was received by them before the date of the latest nasty-gram.

 

What next?

[skintscot72]

Oh, forgot to say, that for extra dramatic effect, they want this full and final settlement within 48 hrs of receipt of this letter. Oh joy.

[dx100uk]

tell us the debthistory please

 

dx

[skintscot72]

Ok, how candid should I be on this site? Any guidelines, pls!

[DonkeyB]

Just the facts!

[skintscot72]

Thx

 

Ok, it relates to an outstanding debt with a credit card company from about 2005. I had been making repayments for a few years with them through the CCCS for a few years, then the recession came and my regular income disappeared. I am now self-employed (trying anything to start raising some income) and am having a VERY bad time of late. My income levels are horrendously low.

 

I have been making token payments direct to my originial creditor, some of these have been irregular I'll admit, but could not make much in the way of payments for a while.

 

The nasty gram recently received mentioned the original credit card / 'Brand/Product' as Fredrickson label it, client is Arrow Global Limited.

 

As said earlier, I sent them a letter wanting to see that they were legitimate in chasing this, and sent them something along the lines of the CCA letter, but also included the section directed to their Data Controller, citing data protection and requesting written communications only. I also mentioned the applicable OFT guidelines, namely unrealistic requests for full payment, and calls/texts which i consider harassment and distressing etc. (Which they damn well are!)

 

Included postal order with the letter which was sent recorded delivery. This was received by them the day before the letter i received most recently received was dated, if you follow me!

 

Hope this helps!

[dx100uk]

is the cc still active?

 

how about reclaiming unlawful charges and ppi?

 

dx

[skintscot72]

no, the cc hasn't been active for donkeys years, Autumn 2005. No PPI or charges etc.

 

It seems that despite my letter to them, it has not been entered into their system speedily,

and they in turn have sent me the strop-o-gram dated the following day from when they received my letter.

 

Given their 'final chance to cough up all the money - and NO WAY this is possible - in 48 hrs...' message to me,

should I write them another letter, informing them that they can;t do this while they should be responding to my CCA request,

or would they have sent this letter regardless?

 

I guess it depends on one's estimation as to the collective intelligence of them, and from what I've read so far on the forums, that might be questionable!

[dx100uk]

when was your last payment..........

 

dx

[skintscot72]

i sent my original creditor a cheque last month - a token payment of a few pounds as I can't currently afford any more - and will be doing so again next week. Every single repayment over the years has been made to the card issuer and never the DCA. For the most part this was done through the CCCS, but for the last year or two, it has been direct between myself and themselves.

[DonkeyB]

If it’s Arrow Global, the account has been sold. But you have been paying the original creditor?

[coledog]

Allow 12 plus 2 WORKING days for them to respond to your CCA request then send the Account in Dispute letter, it is not really in dispute until you do this.

 

You also need to contact the Original Creditor and find out what is happening to your payments. Are they sending statements? If not, demand a full statement of account. Who is the OC? It may be worth sending them a SAR

 

Do not be bullied by these people and never speak to them on the phone

 

 

Account in Dispute letter to send after 12 plus 2 working days

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Also complain to Trading Standards about the harassment

 

Trading Standards via http://www.consumerdirect.gov.uk/contact

[skintscot72]

Hi folks, thanks for your feedback. I've just opened a letter today from Freds confirming that they're placing the account on hold, having referred the matter to their client, "..and will revert to you as soon as we are in receipt of instructions."

 

Success?

[kerravon]

'revert' they can't even speak English Lol.

[skintscot72]

Update....and an appeal for anyone fluent in financial blah-s**t.

 

Received a reply from Arrow Global, thanking me for my CCA letter originally sent to Carter and his buddies at Freds. They very nicely acknowledge my request for documentation pursuant to the Consumer Credit Act 1974.

 

But it's the next bit that gets me: "We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the originating creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents."

 

So, nice that there will be none of their usual hi-jinks going on for now. But what does the rest of it mean? I'm led to believe they bought the debt from the OC, as they sent me a Notice of Assignment last year. So that would mean they own it(?). But if they say they don't accept that they are the creditor, where does that leave things?

 

Hmmm..

[dx100uk]

well its bs for 'damn anotherone we cannot fleece'

 

dx

[skintscot72]

Oh, I like the sound of THAT very much!

[skintscot72]

Hi folks,

[cue 'Jaws' soundtrack] Just when I thought it was safe...after not hearing a peep from BC and co...

they're back!

 

Out of the blue, I got a nasty-gram from BC with the usual blahs**t - "Final Notice" concerning the matter which I'd originally posted about. And they want money. Woohoo.

 

Now, the situation is this - a few months ago I sent the CCA request, and also addressed the removal of my telephone number from their records vis-a-vis Data Protection Act. In short, nobody could furnish my CCA and all was quiet.

 

Then, recently the text messages started urging me to contact them about the matter, quickly followed up by the letter.

 

As I requested the telephone number to be removed months ago, is this a breach of the DPA ? Surely there's no difference between calls or text messages - if they had removed my phone number as per my request, they shouldn't have been able to do either!

 

Then of course there is the not small matter of them not being able to send me the CCA details. As this is well over the 12 + 2 says, should this be (well and truly) 'in dispute' and unenforceable?

 

 

Any advice on next steps, please!

[coledog]

Did you send the 'Account in Dispute' letter?

[skintscot72]

Did you send the 'Account in Dispute' letter?

 

No, I did not. Everything seemed fine when they sent their replies saying they were putting things on hold etc.

 

So, an 'account in dispute' letter certainly seems in order now. What about the data protection issue?

[BRIGADIER2JCS]

Just remind them ''politely'' contact in

writing no calls or text messages and

you REQUIRE confirmation in writing

that your phone No. has been remove

from their records.

[coledog]

If the account is in dispute they should not be contacting you at all! Report them to OFT and mention that you doing this in your letter. DPA, I do not know but certainly you have requested that they do not contact you by phone so grounds for complaint again.

[BRIGADIER2JCS]

Hi did you send the letter suggested in 21#

[skintscot72]

Hi chaps, I've not sent the letter yet as I've been out all day, but rest assured it will be getting done tomorrow. I can't wait to fire it off in the post and wait for their next comical response!