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Debt Problem-Bryan Carter Letter


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Hi all,

 

I am new on this forum. I have been reading bits in the last few days on this site. Little background here. I have Nationwide Credit card debt and since 2009 I have managed to pay them what I could afford, with the help of CCCS. Last month I received a letter from Fredricksons international saying that NW passed the account to them for collection of the outstanding balance. NW did not inform me about this change and I kept on paying every month what I agreed with NW in 2009. FI sent me another letter end of last month, it says "Letter before action" and gave 7 days to pay the full amount or they will take action. I must add that I have not tried to contact FI or answer their phone calls.

Yesterday I received a letter from Bryan Carter. The letter says " We write regards to the outstanding debt.

Payment must be made in full within the next fourteen days failing which we will recommend to our client that proceedings be issued without further notice.

Should proceedings be issued, additional charges be added to the existing balance as shown below.

Outstanding Balance to pay now ... £XXXX

Interest £XXXX

Court Fees £XXXX

Solicitors Cost £XXXX

 

If you dispute liability for this debt please state your reasons in writing and supply us with documents in support of your defence to any claim

Before the acct is referred to us to litigate you still have an opportunity to contact Fredriksons International Ltd with your payment proposals. In order to avoid further action you should telephone them immediately on 0845 3136624.

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

Yours sincerely.

 

After reading on this forum I guess my next step is to ask for CCA. or I could totally not contact Bryan Carter and keep my payments with NW as before. I certainly will not be able to pay more than what I pay. I also talked to NW and they said FI is dealing with this account and I should deal with them. When I asked if I still should pay and they said yes I could as before to NW. I am not sure what I should do now. I need help. Thank you all in advance.

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Hi and welcome to CAG

 

Someone will be along to advise.

 

In the meantime, DO NOT phone anyone.

 

If you have to do anything in the future, always do it in writing.

 

These people always tell you about the extra costs etc

 

They also tell you that it's a serious matter, and that you must 'phone' a certain number 'immediately'.

 

The only phone call I will make immediately is when I get the six numbers up.

 

Cheers

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Hi and welcome to CAG,

I have moved your thread to a more appropriate forum wher help should soon wing its way

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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Hi welcome,

Yes do a CCA request to Carter the cost is£1.00

send a postal order unsigned and mark the back

for statutory fee only.

Use the template letter from

the CAG library.

Don't worry about Carters threats they

are all hot air, if he does issue a claim he'll

back down at the first sign of a defence.

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If you need help just post again.

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 4 weeks later...

Hi again

 

I wrote to Bryan Carter with CCA request (templet which I used from CAG library) with the the pound token. I received a reply from Fredrickson Int. saying that they had referred the matter to their client, I assume Nationwide and they will revert to me as soon as FI are in receipt of instructions and they had placed the account on hold for the mean time. This was ten days ago.

Today I have received a letter from Fredrick Int with the photo copy of the Credit Card Application which I originally filled out for the credit card with my signature at the end of the form. Is this considered the CCA (consumer Credit Act) which I requested in the first place? I am little confused here. What FI says in the letter is "please find enclosed documents, provided by our client, as requested. We hope that this clarifies matters and look forward to hearing from you with your proposals for the discharge of this account"

What would be my next step now. Much appreciated for your reply in advance.

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Hi again

 

I wrote to Bryan Carter with CCA request (templet which I used from CAG library) with the the pound token. I received a reply from Fredrickson Int. saying that they had referred the matter to their client, I assume Nationwide and they will revert to me as soon as FI are in receipt of instructions and they had placed the account on hold for the mean time. This was ten days ago.

Today I have received a letter from Fredrick Int with the photo copy of the Credit Card Application which I originally filled out for the credit card with my signature at the end of the form. Is this considered the CCA (consumer Credit Act) which I requested in the first place? I am little confused here. What FI says in the letter is "please find enclosed documents, provided by our client, as requested. We hope that this clarifies matters and look forward to hearing from you with your proposals for the discharge of this account"

What would be my next step now. Much appreciated for your reply in advance.

 

Technically this is not an agreement, but case law has change

the acceptability of such documents as long as the creditor supplies

the original and current terms and conditions.

Also if they escalated the case to court and produced

the app form and statements of the account showing traceable

transaction a judge is likely these days to accept that it is

proof of the debt.

Although it is still open to you to challenge the app

form bit my guess is they will again state that it

complies with the sectt.77/78 CCA request.

 

Brig.

 

BRIGADIER2JCS

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I think Brig as Cabot and Argoose have confirmed in writing it varies on the date of taking out the CC. If pre-2007 they will need the original credit agreement ( simples ) now if after that date, the Brig is quite correct. Proof of purchase and the application form will be sufficient. ( see Hippy's thread on Cabot and Hippy Vs Freds ) letters confirming that they do not hold a valid CCA and of course are unable to enforce in the courts but can and I expect will continue to demand payment. The only reason I stopped paying CABOT is there 12% interest which made my pound token payment a waste of time really.

 

Not having seen verizon correspondence ( what Freds sent ) it is difficult to form an opionion. If though it is after 2007 when the financial institutions woke up to the fact they had behaved rather silly in destroying there original CCA's they had the goal posts moved.

 

If it is after 2007 Ver, I would start compiling a income and Expenditure form, send it to Freds and tell them ( Out of courtesy I have sent you a court orientated IE form. As you know only a Judge can only request this kind of personal information but as I want there to be no doubt of my intentions of paying the sum I owe. I have as stated sent you my present financial circumstances. As you can see,, I will only be able to afford £xx.xx this is non-negotiable and I am happy for you to review on a half yearly or annual basis. If you feel that this is not sufficient then please feel free to put in front of a District Judge, as you know the courts take a dim view of creditors who they feel are wasting the courts time. For legal and audit purposes, all correspondence will be in writing.

 

Again, some people say NO to sending a DCA this information, but I think the Brig will agree here, it looks better on you if this should and I doubt it very much end up in the courts.

[sIGPIC][/sIGPIC]Happyhippy1959

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There is no need to deal with Freds on this one. If Nationwide have not sold it on then they are still responsible and they should be the ones to be contacted. Tell them the actions of their appointed agents is unacceptable and that you are considering reporting them (Freds) to the appropriate regulator. As their agents NWide will be included in that complaint as they are held responsible for their actions. Tell NWide you are making payments as and when you can afford and you will try and reach an agreement with them and not with any of their appointed idiots. Under no circumstances should you prepare an income/expenditure for Freds, they are not entitled to that information - they would only get to see one if a court orders you to produce it.

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Firstly, thanks for all the reply.

@Brig- lets say this copy of credit card application document is acceptable as CCA. There is no mention of I&E sheet from Fredricks. I can not really deny the fact that the application has my hand writing and signature. It certainly is not a credit agreement in my view. As you put it may comply with the cesctt 77/78 CCA request. And BTW the credit card application was way back from nearly ten years ago and was approved then. I am not sure what to do now.

 

What Happyhippy says that if it is pre 2007 CC they will need original credit agreement. if this is the case does that mean I should not deal with Fredricks at all and go back dealing with Nationwide?

 

@NailPost- Here's a background of my dealings with Nationwide. As I a mentioned CC was first issued almost ten years ago. All been cool until late 2008. In 2009 I made arrangement with NW after having financial difficulties, that I was paying a small token to NW which they did not agree so I paid slightly little more every month which NW agreed to over the telephone (persons name and date recorded) which I am still following . In August I received a letter from Fredricks saying that from now on they are the ones dealing with the NW credit. I then called NW and asked that this change was never ever was mentioned to me or never received a letter from NW. They said there came a point where they were unable to accept what I was paying so from now on Fredricks are dealing with it and I should get in touch with them. NW never mentioned that they sold it to Fredricks. I said I will still keep on paying what I was paying to NW Credit Card and the lady said I can continue to do that. Kind of makes no sense to me. In a way seems NW did not sell the credit to Fredricks. Who knows. I, until now have never had any dealings with DCAs by phone or in writing. Now what you are suggesting is writing to NW hoping that they haven't sold it. Why is it you think that their appointed agents (Freds) is unacceptable and to report them to regulator. In any case if I do need to write a letter to NW is there a similar kind of letter in the library that I can see so will help me to write. Once again many thanks for your time.

So is Fredricks on hold for now. What can they do if I do not reply or what to reply.

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Yes account in dispute letter again, state

that this is pre 2007 therefor you require them

to supply a copy of the original, also it seems to

me from another quick read that you did not

receive a proper notice of assignment of the

debt to Freds in the first place correct me please

if I am wrong!!!

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S o far received first two letter from Freds in two weeks apart

a) Do not Ignore letter

b) Letter Before Action

 

then Bryan Carter letter which I replied with the CCA request with the token

then letter from Freds acknowledgement letter saying "placed account on hold"

and the last one with the copy of CC Application.

 

When you say account in dispute letter, you mean I should ask for the copy of the Credit Card Agreement. Is there a letter somewhere in the library to check. thanks.

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S o far received first two letter from Freds in two weeks apart

a) Do not Ignore letter

b) Letter Before Action

 

then Bryan Carter letter which I replied with the CCA request with the token

then letter from Freds acknowledgement letter saying "placed account on hold"

and the last one with the copy of CC Application.

 

When you say account in dispute letter, you mean I should ask for the copy of the Credit Card Agreement. Is there a letter somewhere in the library to check. thanks.

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