Nationwide Credit Card debt with Fredrickson Int Ltd and Bryan Carter

[Old Cogger]

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.

 

 

Which all amouts to " A Law for One & A Law for Another" = that is this country for you and I am afraid thast people in England allow it to happen.

[BRIGADIER2JCS]

I seem to remember that the debt industry threatened the last Goverment that they would escalate court claims in England & Wales if the Statute of Limitations was revised for E&W.

So of course nothing happened.

[Old Cogger]

I seem to remember that the debt industry threatened the last Goverment that they would escalate court claims in England & Wales if the Statute of Limitations was revised for E&W.

So of course nothing happened.

 

 

 

Yes remember something on those lines

[BRIGADIER2JCS]

Yes remember something on those lines

 

Perhaps MacBroon was worried that his constituents would demand a change

in Scottish legislation as well!!

[Old Cogger]

Perhaps MacBroon was worried that his constituents would demand a change

in Scottish legislation as well!!

 

 

Backfiring - could be!

[BRIGADIER2JCS]

Backfiring - could be!

 

Almost certainly!!

[bohomiz]

What about the £40 they took from my account on dates they shouldn't have deducted funds from

(funds were due at the end of the month and two payments were made inbetween those dates on two separate occasions/months).

taking funds on dates that were not part of the agreement?

I didn't 'give' those funds - they took them.

Edited March 25, 2013 by ims21

[BRIGADIER2JCS]

That is something to take up firstly with your bank and then with the company that took the payments.

[bohomiz]

Hello All

I've just received a letter from Rossendales dated 15 April with the following content:

 

Dear Sir/Madam

Amount Outstanding: £1302.42 (Previous Debt: £1622.42)

 

Further to your recent request, please find enclosed copy documents to support the recovery of the account detailed above.

 

If you have any questions/queries please contact our offices on **** *** ****.

 

Regards.

John Burton

Collections Manager

Rossendales Ltd

 

The enclosures are 3 statemenst dated: 28 December 2012, 28 January 2013 and 28 February 2013. Each statement has the outstanding balance of £1622.42.

 

So my question is: where is the money I have paid so far?

What do I do now? What is my next move?

 

As always, any help is gratefully appreciated.

 

Yours in desperation.

BohoMiz

[dx100uk]

scan them up please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[bohomiz]

Hello DX

 

I hope you are well. Thank you for replying to my message and apologies for not responding sooner but my printer ran out of ink and does not allow scanning without it so had to wait for cartridge delivery.

 

I have taken the liberty of also including the online payment receipt from FREDPAY in regard to payments made to date. Maybe I have made an error in how much I have paid/they have taken.

 

I hope I followed your instructions well and apologise if I have made any errors.

 

With grateful thanks.

 

BM.

[bohomiz]

Hi. I thought I would have received a reply by now in response to these PDF files. Any help and advice is, as always, greatly appreciated.

 

With thanks in advance.

 

BM

[dx100uk]

oh dear...

 

they've shot themselves in the foot me thinks

 

they say in the covering letter bal £1302.42

 

however..

 

those rosser statements

DONT SHOW the fredpay balance/payments.!!

 

they seem to be statements from nationwide?

 

time to CCA rossers

 

 

NONE of those docs PROVe you owe anything,

neither do they PROVe you owe rossers anything

 

incidentally WHEN did you move south?

[BRIGADIER2JCS]

Have to agree there, some 'creative' accounting it seems!!

[bohomiz]

Hello DX and Brig

 

Thank you both very much for replying to my message; it is much appreciated.

 

I would like to point out that when scanning said pages I removed all personal information such as name, account numbers, bar codes &c and left in the monetary values as instructed by DX.

 

In regards to your question DX as to when I moved south, it was on 21 May 2009.

 

You said it appears they have shot themselves in the foot? In what way? It is true that the balance does not show the Fred payments, which is strange to say the least (to me anyway). I haven't received any letters from them in any format since the one I questioned about on here.

 

Again, I am very grateful to you for your help with this matter.

 

With thanks.

 

BM.

[BRIGADIER2JCS]

dx I am sure will look in and answer your question.

[dx100uk]

I was hoping it might have been 5yrs since your last payment

to when you moved..darn.

 

dx

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[BRIGADIER2JCS]

I was hoping it might have been 5yrs since your last payment

to when you moved..darn.

 

dx

 

Thought that might be the case!

[bohomiz]

Hi

 

Thanks for replying. I'm not sure when my last payment was - it was either 2005 or 2006. Although I have copy statements they don't state when my last payment was made.

 

I am assuming this is not good news for me then?

 

BM

[dx100uk]

what I was hoping was ANY 5yrs period whilst you were in Scotland...

 

dx

[bohomiz]

I lived in Glasgow from 30 June 1999 (approx moving date) to 20 May 2009. Does that help at all?

 

BM

[dx100uk]

as you know statute barring in Scotland is 5yrs debt gone...extinguished

[unlike E+W whereby its 6yrs, & the debt stll 'exist' but cannot be legally enforced]

 

ONCE a debt is SB'd in Scotland..its GONE..DEAD..PARROTT.

 

in E&W not even a judge can unbar a debt.

 

now what I was hoping twas there be 5yrs backdated from 20/5/9 whereby you had not made a payment.

 

ok

 

but that's out the windows by the looks of thing

[BRIGADIER2JCS]

Last payment in 2005- 2006 no payments after this to any party and no unequivocal written acknowledgment of the debt this is statute barred in either country.

2005 + 6 years =20111 2006+6 years =2012???

[bohomiz]

Hi Guys

 

Thank you for replying.

 

I have been going through the SAR that I received last April, and not all statements are present,

only sending me from 28 March 2008 to 28 March 2012, plus the ones that Rossendales sent with their last correspondence,

therefore I do not and cannot remember when last payment was made.

 

The credit card was opened in May 2005 with last payment being either that year or early to mid 2006.

Without statements I do not know.

I did think that the whole idea of requesting a SAR was that ALL paperwork was received, so why not statements from inception to date.

I have no statements for 2005, 2006 or 2007 to look at for reference.

 

Although no payments made

I did write to Nationwide and one DCA (Wescott - Jan and May 09) informing them that I did not have any funds to pay the debt.

Does that mean I acknowledged the debt?

 

As I said the other day,

I have not received any more letters from Rossendales in regards to this matter.

 

So any ideas what their game is and what they are up to, and what do I do now?

 

I've already been informed that I cannot make a claim for the £320 I've already paid, so what options are open to me?

 

Although the debt orginated in Scotland, it is with an English company (so I read somewhere on the internet some time ago).

So what SB timescale applies here: the 5 years or the 6 years.

 

Again, and help and advice is greatly appreciated as I not only want to put this to bed I want to bury it once and for all.

 

With thanks in advance.

 

BM.

Edited June 2, 2013 by bohomiz