Nationwide Credit Card debt with Fredrickson Int Ltd and Bryan Carter

[BRIGADIER2JCS]

BRIG: Don't worry. I will. From them and from me. Apart from one Fredrickson letter, which a friend destroyed beyond all recognition, I have all from them also.

Good work!!

[bohomiz]

Well here I am back again. I have today received another letter from Rossendales in regards to this matter. I'm not good at paraphrasing so here are the contents word for word:

 

START LETTER

Client: Arrow Global Limited - Financial Services

Outstanding Amount: £1302.42

Reference Number: (DEL LEFT BLANK)

Our Ref: (DEL LEFT BLANK)

Date: 2 August 2012

 

Your debt has been passed to us by the above client (Arrow Global Limited).

We are instructed that you have ignored previous requests for payment and we intend to recover your outstanding debt immediately.

 

Unless you pay us the debt amount in full within *7 days* (in red) or contact us *immediately* (in red) with your proposals, recovery action will commence.

 

 

(The following is in red ink)

 

IT IS IN YOUR INTEREST TO DEAL WITH THIS MATTER IMMEDIATELY.

 

CALL 0844 701 3990 (Local Rate)

 

To make immediate payment call our 24 hour automated payment line 0845 078 1192 quoting blah blah blah (a number).

 

Your sincerely.

Paul Lee

Collections Department

 

END LETTER.

 

I have done what DX100 and Brig said in our last correspondence in leaving the matter to see if they write back.

Now that they have what do I do because I am actually sitting here typing this in tears because I don't know what to do.

I really don't and am relying on the kindness of others who know this kind of situation to help me.

 

So what do I do now?

What should I do/shouldn't do?

 

Please help me someone. I'm literally at the end of my tether and don't know what to do about this.

 

Brig said it is SB'd because the last correspondence between Nationwide and myself was end of August 2006

- nothing since and the only correspondence I have dealt with has been between Wescott in January and May 2009,

Fredricksons from June/July 2010 when I started to make payment, and now Rossendales.

 

I hope to hear from someone soon and I thank you in advance.

 

Bohomiz

[BRIGADIER2JCS]

Ok then let's hit with a modifed SB letter.

 

Adressed to the Compliance Manager

Rossendales

 

Ref:xxxxxxxxxxxxx

 

Dear Sir or Madam

 

I have today received your letter dated xx xx xxxx in which you state I sdould contact you ''IMMEDIATELY'' as you are aware the allged debt is an unsecured non priority debt so your request is denied.

 

You should note that I do not acknowledge anty debt to Rossendales or Aktive Kapital.

 

It would appear that yor ''client'' Aktiv Kapital are passing this alleged debt around the so called

''Industry'' in the hope at some point another company making threats will succeed in collecting

this.

 

As I have informed others before you thiis alleged debt is statute barred, therefore I will not now or in the future

make any payment or offer of payment.

 

I am fully aware of the Limitations Act 1980 and the OFT Guidance on Debt Collection 2003/2011 and the sections

regarding the pursuit of statute barred debt.

 

I therefore require you to to immediately cease processing and storing any data relating to me.

 

 

I suggest that you return the matter to your client with a reminder of the OFT and ICOs Guidance

on the sale/assignment of statute barred debt without informing the debt purchaser of the status

of the debt.

 

Ok get this off asap recorded delivery.

 

Now stop worrying please!!!!!

 

Send

[bohomiz]

Hello Brig

Thank you for your reply. I am write this letter today and post tomorrow recorded delivery. This is the 3rd debt collection agency that have contacted me about this so the debt is 'making the rounds' as you say.

 

I do appreciate your time with this. I know the letter is just scare tactics but all the same....I guess I just need to know what to say for possible legal reasons if any. I don't want to put a foot wrong I guess.

 

Thank you again for your time.

 

BM

[dx100uk]

you can say what you like

 

it wont matter

 

you CANNOT reset the SB clock -end of!!

 

NOT even a JUDGE can unbar a SB'ed Debt.

 

pers i'd start to think about ignoring this debt now

 

you are on a phishng list

 

the more you write

 

the more they'll think they've found a mug.

 

last letter then ignore

 

dx

[bohomiz]

Hello All

 

I wrote and posted recorded delivery the letter Brig suggested I write (with amendments of course) and on 16 August I received a reply with the following:

 

Dear Sir/Madam

 

We are currently in the process of contacting our client in regards to your recent query.

 

Your account is on hold until a response is issued.

 

We thank you for your patience.

 

John Burton

Collections Manager

Rossendales Ltd

 

To date I've not received a response but it has taken them up to 8 weeks to issue one before.

The last letter I sent to Nationwide according to SAR is 26 August 2006 but Nationwide continued to write to me

although I did not receive their letters until October 2006 (I do believe).

 

DX: I would love to forget about this debt and get my £320 back if possible from Fredricksons.

 

So I guess all I do is now wait to see what Rossendales do. Will be interesting.

 

Thanks again.

 

BohoMiz

[bohomiz]

I should say that I think the last letter Nationwide wrote to me was in October 2006. I just didn't receive it or the ones after August.

 

BM

[BRIGADIER2JCS]

Ye Bo I'm afraid it's wait and see.

[bohomiz]

Hello All

 

I have been wanting to write this for quite some time now but the reason I have not is because I have been waiting upon a letter from Rossendales Collect Debt Agency.

 

At the suggestion of Brigadier back in August 2012 I wrote a letter (I copied and pasted what they wrote on the CAG website to me and 'tidied' it up)

and I received a reply from Rossendales dated 13 August 2012 with the following content:

 

“We are currently in the process of contacting our client in regards to your recent query.

Your account is on hold until a response is issued.

We thank you for your patience.

John Burton

Collections Manager.”

 

 

As of yesterday's date I have not received this response and 24 weeks/6 months have now passed, the longest time it has taken Rosssendales to reply to one of my letters.

 

To get all facts straight and correct I have written out, again, the situation as I need to ask a question at the end of this.

I apologise to those who have read this situation a countless times but would be grateful if you would bear with me.

 

 

1. Nationwide (NW) credit card account opened on 23 May 2005 (edit stupid to put that! - dx).

 

2. Last payment on this account by me unknown as I no longer have paperwork to this account but it would have been in the year 2006.

 

3. In March 2012 I requested a SAR and it was received by me in April 2012.

After looking through this file and putting all paperwork into order I have not been sent everything.

I did not receive all statements to this account and am outstanding the following:

- the last half of 2005

- all of 2006 and 2007

- 2008: missing statements for months: January, February, June and July

- 2010: missing statements for months: February and August.

 

4. I have only received copies of 5 letters sent to me from NW and feel sure there were more:

15 Sept 2006 - Not Received

22 Sept 2006

No Date

9 Jan 2007 - Not Received although living at that address

29 Dec 2008 - Not Received as I had moved out in Jan 2008 - NW's last letter to me.

 

5. My letters sent to NW and dated:

14 July 2006

7 Aug 2006

11 Aug 2006

28 Aug 2006

9 Oct 2006 - My last letter to NW.

 

6. In January 2009 I received a letter from Wescott Debt Agency and replied. I received a reply to my letter in May 2009.

 

7. In June 2010 I received a letter from Fredrickson International and stupidly telephoned them where they proceeded to threaten me.

I made an initial payment of £20 from my credit card and arranged a payment plan of £20 per month to be deducted from my checking account

at the end of each month commencing in July 2010.

 

My last payment to this account was on 5 October 2011 when I made an additional payment via my credit card but cancelled my payment plan when I heard about CAG and made contact.

 

8. I printed off from the Fredpay website my statement of account and all payments made from 2 July 2010 (initial credit card payment) to 5 October 2011 (final payment by credit card).

After going through this statement I noticed that Fredrickson had on two separate occasions deducted additional payments on dates that they were not supposed to

(mid May and mid Sept 2011) and think that to date I have paid £360 and not £320 as I had thought.

 

9. After going through the statements received by me via the SAR I have noticed that since I started paying this debt in July 2010 the funds have not been deducted from my NW statements and the last statement dated March 2012 still shows the full debt outstanding with no deductions.

 

10. My question:

 

is this account now literally SB'd and am I entitled to request this money back and if so who do I contact

nd what proof do I need to have to show them that the funds have not been deducted from my NW account?

 

I have tried to make this brief but informative but if additional information is required please do not hesitate to request.

I am very grateful to those who have assisted me thus far with this situation.

 

With thanks in advance.

 

BohoMiz

[dx100uk]

right so the conclusion is:

 

freddies sadly spoofed you into paying during 2010 to the tune of £360 [£40 of which they helped themselved too]

NONE of those payment SHOW on the official statements from the OC - so freddies have pocketted them.

 

you need one final piece of info before you proceed

 

phone the OC & get them to confirm that the debt is statute barred

get them to put that in WRITING to you.

 

then we'll attack getting your moneyback

 

dx

[NailPost]

Don't phone anyone. Write to the OC and insist on a written statement that this matter is statute barred

[dx100uk]

dunno not in this case

better to catch them unawares

 

thats how we deal with the HFO mob and BC

 

a quick call before they can exchange info.

 

dx

[BRIGADIER2JCS]

I can see problems here Bohomiz, the fact that a payment was made in 2010 and 2011, and yopu say the 2010 statement has not been provided therefore you are unable to conclude that no payment was recorded in 2010.

 

IMO if this is challenged as statute barred at this point all the payments WILL come to light.

When did you last check you credit files and who showed as the owner of the account.

[bohomiz]

Hello

Firstly thank you for reading and replying to my original message.

Secondly, what is the OC and how do I contact them?

 

BRIG: The only statements not received for 2010 was for the months of February and August and received all others.

 

Also, according to the Fredrickson letters the debt is held by Arrow Global Ltd although it doesn't state this information on the Rossendale letters - just content.

 

Just seems odd that Rossendales would take this amount of time to reply when in the past they written back pdq. 6 months have now passed and the last letter sent by NW although not received was Dec 06, so 6 years gone. Does that mean anything in regards to the SB?

 

With thanks in advance.

 

BohoMiz

[LostAtSea]

OC= Original Creditor, Nationwide in your case. Your in good hands with Brig and dx

[bohomiz]

Hello LostatSea

 

Thank you very much for taking the time to reply to my question on what an OC is. I feel stupid now although I did think it could be that but thought I should ask anyway.

 

As for being in good hands with Brig and dx - I do believe you are right. They have been great to date and have appreciated alll of their time and help with my current dilemma.

 

I will contact NW and see what they say. They will probably say the debt is not SB'd but it seems odd that I've not heard from Rossendales after all this time. When I stopped paying Fredricksons they stopped writing to me and sold the debt back in February last year - just like that. And I have to say because of Brig and dx's help.

 

Thank you again for your input. It is much appreciated.

 

BohoMiz

[bohomiz]

Hello All

 

I have an update on this situation.

 

Since I last messaged I telephoned Nationwide but they weren't interested in talking to me about an SB'd or possible SB'd account, saying I had to write in with all of the details so they can look into it.

 

Unfortunately I have been ill with 'flu and have been able to come onto the CAG site to ask if there is a template

I can use to send to Nationwide as I do not know what to write.

 

However,

I have just this minute received a letter from Rossendales, 29 weeks/7 months after the date of their last letter to me (13 August 2012)

saying the exact same thing as they did in that letter - all they have done is changed the date.

 

The letter says: Quote:

"We are currently in the process of contacting our client in regards to your recent query.

Your account is on hold until a response is issue. We thank you for your patience."

Unquote.

 

Any ideas what this might mean?

When I telephoned Nationwide they did not take any details from me such as name &c.

so it seems a bit strange that I've received this letter so soon after contacting Nationwide

- it isn't as though it is a prompt.

 

Are they panicking about this debt in that this debt could be SB'd and they can't request more funds?

I was very surprised to hear from them after all of this time as 7 months seems a long time to me.

Is it or is this standard, even if it is them repeating themselves.

 

Any and all help is gratefully appreciated as always.

 

With thanks in advance.

 

Bohomiz.

[BRIGADIER2JCS]

Hi Bo,

 

Time to take the bull by the horns and stop this nonsense going round & round an SB letter that does no acknowledge or start the SB clock again!!

 

So send this recorded delivery to:

The Compliance Manager

Rossendales.

 

Formal Notice & Final Response.

 

Ref: use theirs.

 

Sir/Madam,

 

I refer to a letter from Rossendales dated xx xx xxxx in which it is once again stated that Rossendales are seeking to contact it's client in regard to my ''query'', this however is merely an up dated copy of a letter Rossendale sent 27 weeks ago, which speaks to me of total incompetence!!

 

I remind Rossendales that I do not acknowledge any debt to it or any company it claim to represent.

 

However I must thank Rossendale for prompting me to further research my credit history and from this I have concluded that the debt is now statute barred and I will not therefore now or in the future make any payment in regard to the allged debt.

 

I would point out that if Rossendales disputes the status of the alleged debt that the onus of providing uenequivocal proof that it is not statute barred fall entirely on Rossendales and or any client it claims to represent.

 

I suggest that Rossendales now closes the file on this matter and returns it to its client with a copy of this letter as I will not enter into further dialogue with the company.

[bohomiz]

Hello Brig

 

Thank you very much for replying to my message and your letter, which I have now typed out and printed off and will post today.

 

In view of this current situation, what is your advice in regards to trying to make a claim for the £360 I have already paid?

Do I write to someone now and if so who?

And if it is the Nationwide who do I address it to as no one at the offices were interested in talking with me about this matter.

 

It has to be obvious that they are now deliberately drawing this situation out,

especially after replying to me, with the same letter, 29 weeks later.

I mean, if I did owe them the funds then they would have acted quick sharp on the matter at the time instead of drawing the time out.

 

Again I thank you for your help with this matter.

 

Kind regards.

 

BM

[BRIGADIER2JCS]

Morning Bo,

 

I agree this would have been jumped on more quickly if they were able to take any action.

Unfortunately any funds paid after a debt becomes statute barred are treated as a gift, a debt

still exists and remains collectable short of court enforcement until ''the debtor informs the creditor in writting

that the debt is statute barred and they will not be paying'' (OFT Guidance on debt Collection 2003/2012.

[bohomiz]

Hi Brig

I'm not a generous person when it comes to giving £360 gifts. Firstly I'm told I can make a claim for the money, now I'm told I'm not.

Now I'm confused.

If they knew the account was SB'd from the outset shouldn't I be able to make an attempt at claiming back the funds already paid?

With thanks.

BM

[cerberusalert]

When a debt is SB all it means is that the creditor cannot take any legal action to recover the monies due, the debt still exists and they are still legally entitled to ask for payment. Obviously you can refuse but any payment you have made after it becomes SB is seen by a court as a 'gift' you have made under your own free will & you cannot recover it if the creditor refuses to refund.

[BRIGADIER2JCS]

Cerberus is correct, all you can do is ask, but it's unlikely that they will even reply.

Edited March 24, 2013 by BRIGADIER2JCS

[bohomiz]

Okay.

So I've made a £360 gesture towards the outstanding debt.

If there is nothing I can do about it then there is nothing I can do about it.

HUGE lesson learned.

But why can a DCA still request funds if the funds are not going towards the debt itself after is has been SB'd?

That means that the debt isn't being cleared, which I have statements to show/prove.

 

The NW accout is still showing £1600+ as outstanding.

I guess then that those funds go into the DCA's pocket?

Which means that this debt will always be outstanding even if I did pay the full amount.

It sounds like a vicious circle to me.

 

BTW: Any chance some advice on the following thread I put on 15 March:

GLASGOW CITY COUNCIL AND BPO COLLECTIONS post 4173957.

I put it under the DEBT COLLECTION INDUSTRY section so don't know if that was correct or not.

 

With grateful thanks.

Bohomiz

[BRIGADIER2JCS]

Ho Bo, unfortunately this is the law in England and Wales, when a debt becomes SB the creditor

cannot enforce judgement through the courts or start a new claim BUT the debt still exists and remains payable and collectable by all normal collection activities.

 

Basically the OFT Guidance is saying only that it considers it to be an unfair business practice to continue to press for payment of a statute barred debt ''one the debtor has informed the creditor in writting that a debt is statute barred, and to continue to do so could amount to harassment''.

 

The account should be removed from credit reference files after 6 years paid or not and should no longer have any impact on your credit profile. it cannot be defaulted again or reported again.

 

This situation of course puts debtors in England and Wales at a distinct disadvantage to those in Scotland where a debt becomes statute barred after 5 years and is completely extinguished.