Nationwide Credit Card debt with Fredrickson Int Ltd and Bryan Carter

[bohomiz]

DX

 

Thanks for the Monty Python input. I *LOVE* that sketch.

 

BM.

[bohomiz]

BRIG

 

I did start paying Fredricksons in June 2010 when they sent me a scary letter and verbally threatened me on the telephone when I stupidly rang them (I didn't know at the time not to do this).

 

Payments were made from June 2010 to October 2011 when I heard about CAG and stopped payment and made contact regarding this situation.

 

BM.

[BRIGADIER2JCS]

Hi BM,

If statements are missing the SAR is incomplete, this does make me wonder if they have been deliberately withheld, you should challenge this.

As to the letter to the DCA, for it to affect the limitation period it must be an UNEQUIVOCAL admission that a liability subsists, so the content is important.

 

The countries laws under which this agreement falls will be Englands' now I think although there may be a specific clause stating which it is.

[BRIGADIER2JCS]

BRIG

 

I did start paying Fredricksons in June 2010 when they sent me a scary letter and verbally threatened me on the telephone when I stupidly rang them (I didn't know at the time not to do this).

 

Payments were made from June 2010 to October 2011 when I heard about CAG and stopped payment and made contact regarding this situation.

 

BM.

Well it looks like the payment to Freds will have restarted the limitations period, you could claim I think that payments were made under duress and that the telephone conversation itself does not constitute admission of liability.

[dx100uk]

sri to cover old ground

but brig has brought up an interesting point

 

what does your CRa file say - does this debt show? is the owner AK? whats the defaulted date?

 

have you ever sent a CCa request to rossers?

 

dx

[dx100uk]

Hello Everyone

I haven't been online since 20 May as there hasn't been anything to report.

 

On 22 May I posted my letter to Rossendales (recorded delivery) and I received a reply to that very letter today. Below is what they wrote, word for word.

 

"We thank you for your recent communication, the contents of which has been noted.

 

In regards to your recent query we have liaised with our client who has confirmed that this account is not statued barred as they received correspondence from you in September 2006 in regards to a complaint and also you sent a subject access request in April 2012, both these instances confirm acknowledgement of the account.

 

To discuss a payment arrangement please contact our offices on blah blah blah."

 

 

Is an acknowledgement of the account different to an acknowledgement of the debt?

 

Also, it makes no mention of my correspondence with Fredricksons and the £320 I have already paid.

 

So what happens now? I am open to all suggestions and any and all assistance is as always greatly appreciated.

 

I know the Olympics are on and people are wanting to watch that, but any help is appreciated.

 

I am not going to lay down and accept this as 'gospel' and will continue to fight this.

 

Thank you in advance for any help you can give to me.

 

BohoMiz

 

I have now sorted my internet access out and have 24/7 access whereas before it was 24 hours twice a month.

 

And they have it confirmed by their client that the account is not statued barred - I don't have that confirmation.

 

rossers claim they are operating on behalf of NW here

 

its not on your crafile [sorry didn't remember - dx]

 

so, I would sent rossers a cca request.

 

has that been done?

 

dx

[bohomiz]

BRIG

 

In regards to the missing statements, should I write to NW requesting them and informing them that they were not with the original paperwork? I paid £10 for this 'service' - would I have to pay again even though they didn't complete their original task?

 

UNEQUIVOCAL admission = accepting something without question or doubt.

 

In the reply letters to Wescott I wrote that I have no money of any description, have limited funds as I was on JSA, in debt to another.

 

The only mention to NW I made was that they must be hard up chasing me for this amount of money.

 

The second letter was me giving them a list of my expenditure and my dr's address at the time as they wanted confirmation of my A.D.D. diagnosis,

and that I was moving by mid/late May of that year. That's about it. I still have those letters but unfortunately not the original Wescott letters.

 

When I telephoned Fredricksons they told me that if I didn't pay then someone would come to home and reposses my possessions for non payment of debt,

and it could also include a prison sentence.

 

I told the guy on the phone I had no money whatsover yet he asked me for the full amount (!).

When I told him that I didn't have the full amount because I had no money he then asked for half of it.

And when I told him that I didn't have half of it he then asked me to pay £100 per month, which I didn't have,

then £50 per month, again which I didn't have, and to get him off the phone I gave in to his £20 per month.

 

He said they would contact me again in 6 months to have the amount increased,

and when I told him that I wouldn't have the money to give him any more as £20 was all I could afford period

he said that was my problem and I had 6 months to sort it out.

 

I had a friend with me who used to work for a bank and who told me I didn't have to pay the debt because it is an unsecured loan.

I came off the phone shaking, and was one of the reasons why I decided to get rid of my telephone.

 

BM

[bohomiz]

DX

 

There is no reference to NW and the debt on my credit reference file and I have checked a good few times. The only credit card on there is the one I have now and am paying off fortnightly (ESA). I haven't checked it for a while and unfortunately I can't because I have to give debit/credit details and I've had problems cancelling the subscription after this has been in place. £15 a month is a bit steep in my book.

 

Is the owner AK? Sorry - I'm lost on that. 'Also Known'?

 

We were going to go down the route of a CCA but you said to put it on hold for a while. I think this was tail end of last year as you wanted to see if something panned out (I think it was if to see if Rossendales would accept the account be SB'd).

 

Should I write a letter to Rossendales requesting this? I have found a template letter on a wordpress site that is giving advice to people in debt, or does CAG have one I can use. I can write this today and send it tomorrow. Should it be posted recorded delivery?

 

BM

[bohomiz]

Sorry - the debt is being handled by ARROW GLOBAL. I think it went the way of Wescott, Fredricksons and now Rossendales. It's kind of doing the rounds a bit.

 

BM

[dx100uk]

BRIG

 

In regards to the missing statements, should I write to NW requesting them and informing them that they were not with the original paperwork? I paid £10 for this 'service' - would I have to pay again even though they didn't complete their original task?

 

UNEQUIVOCAL admission = accepting something without question or doubt.

 

In the reply letters to Wescott I wrote that I have no money of any description, have limited funds as I was on JSA, in debt to another.

 

The only mention to NW I made was that they must be hard up chasing me for this amount of money.

 

The second letter was me giving them a list of my expenditure and my dr's address at the time as they wanted confirmation of my A.D.D. diagnosis,

and that I was moving by mid/late May of that year. That's about it. I still have those letters but unfortunately not the original Wescott letters.

 

When I telephoned Fredricksons they told me that if I didn't pay then someone would come to home and reposses my possessions for non payment of debt,

and it could also include a prison sentence.

 

I told the guy on the phone I had no money whatsover yet he asked me for the full amount (!).

When I told him that I didn't have the full amount because I had no money he then asked for half of it.

And when I told him that I didn't have half of it he then asked me to pay £100 per month, which I didn't have,

then £50 per month, again which I didn't have, and to get him off the phone I gave in to his £20 per month.

 

He said they would contact me again in 6 months to have the amount increased,

and when I told him that I wouldn't have the money to give him any more as £20 was all I could afford period

he said that was my problem and I had 6 months to sort it out.

 

I had a friend with me who used to work for a bank and who told me I didn't have to pay the debt because it is an unsecured loan.

I came off the phone shaking, and was one of the reasons why I decided to get rid of my telephone.

 

BM

 

right hat blows any use of your payments to freddies right out the water

he had NO legal authority to say that at all.

 

sums were paid under duress

 

that's why they don't show official, he got himself a nice commission out of doing that.

freddies pocketed the money to profit bin.

 

dx

[dx100uk]

DX

 

There is no reference to NW and the debt on my credit reference file and I have checked a good few times. The only credit card on there is the one I have now and am paying off fortnightly (ESA). I haven't checked it for a while and unfortunately I can't because I have to give debit/credit details and I've had problems cancelling the subscription after this has been in place. £15 a month is a bit steep in my book.

 

Is the owner AK? Sorry - I'm lost on that. 'Also Known'?

 

We were going to go down the route of a CCA but you said to put it on hold for a while. I think this was tail end of last year as you wanted to see if something panned out (I think it was if to see if Rossendales would accept the account be SB'd).

 

Should I write a letter to Rossendales requesting this? I have found a template letter on a wordpress site that is giving advice to people in debt, or does CAG have one I can use. I can write this today and send it tomorrow. Should it be posted recorded delivery?

 

BM

 

its seems like

- freddies think AG own it.

wetcloths think NW still own it

 

EITHERWAY, disregard those payments to freddies - its SB'd.

 

send this to rossers by 2nd class mail tomorrow - get proof of postage from PO counter.

 

TO:

The firm demanding your money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

 

dx

[dx100uk]

via SB or noncompliance with the CCa we'll nail this.

 

formal complaint to freddies brig

demanding the money paid under duress?

 

dx

[bohomiz]

DX

 

Which is probably why after I stopped the payments they kept sending me threatening letters of payment within 7 days or we will cut your limbs off and with interest added in the hundreds.

 

I was pretty scared I can tell you. Which is why I'm desperate to get this matter sorted out once and for all.

 

So what happens now? What do I do/can I do?

 

BM

[bohomiz]

DX

 

I've written the letter (cut and paste and amended). You said to post 2nd class. Should I do that recorded delivery or just get a certificate of postage?

 

Sorry - I don't mean to sound stupid but what do you mean by 'EITHERWAY, disregard those payments to freddies - its SB'd.'

 

Does that mean I've lost this money?

 

And what do you mean by 'firm demanding money'?

 

Sorry if I sound a bit stupid.

 

Also, some websites on debt are talking about asking for a Deed of Assignment. Should I ask for that as apparently that isn't being included in the CCA when others before me have taken this action.

 

BM.

 

I should have clarified: when my friend told me to tell the guy fro Fredricksons that I didn't have to pay the debt because it is an unsecured loan, that is when the guy started to threaten me with someone coming to my home to repossess my stuff and a possible prison sentence. I should have made that clearer - I apologise for that.

[bohomiz]

BTW: Who is the PO made out to? I'm assuming it is Rossendales Collect Ltd.

 

BM

[dx100uk]

leave to PO BLANK.

you wont ever see a deed of assignment

sadly there are many debt sites that have lots wrong.

 

send our CCA, 2nd class post with proof of posting from the counter its FREE.

you only need a record you sent it, not they got it.

[dx100uk]

DX

 

I've written the letter (cut and paste and amended). You said to post 2nd class. Should I do that recorded delivery or just get a certificate of postage?

 

Sorry - I don't mean to sound stupid but what do you mean by 'EITHERWAY, disregard those payments to freddies - its SB'd.'

those payments to freddies were made under duress - which makes them NULL & VOID with regard to changing the SB date.

Does that mean I've lost this money?

lets get the debt nail dead, then we'll attack freddies

And what do you mean by 'firm demanding money'?

rossers?

 

 

Sorry if I sound a bit stupid.

...

Also, some websites on debt are talking about asking for a Deed of Assignment. Should I ask for that as apparently that isn't being included in the CCA when others before me have taken this action.

 

BM.

 

I should have clarified: when my friend told me to tell the guy fro Fredricksons that I didn't have to pay the debt because it is an unsecured loan, that is when the guy started to threaten me with someone coming to my home to repossess my stuff and a possible prison sentence. I should have made that clearer - I apologise for that.

 

you cannot get jailed for a CIVIL debt, and no bailiffs ever come until AFTER you lose a court case.

 

dx

[bohomiz]

DX

Sorry for late comeback. I'm watching DISPATCHES on YOUTUBE about MARLIN. Very interesting.

 

If I leave the PO blank, doesn't that mean someone else apart from Rossendales can cash it?

 

BM.

[dx100uk]

does that matter ...no.

 

you sent it stapled to a letter

 

I would leave it blank.

 

the letter already has a sentence detailing it is to be used toward the fee.

 

if you want write on the back

 

for use of statutory £1 CCA request fee only.

then p'haps rossers ref number on [a] their letters regarding the debt

 

dx

[bohomiz]

Hello

 

Just an update to let you know I purchased the £1 postal order and posted the letter to Rossendales re CCA today. It was sent second class with certificate of postage.

 

I understand there is 12+2+30 system attached to this, and I would be very grateful if that could be explained to me.

 

Thanks again for all of your help. It is much appreciated.

 

BM.

[dx100uk]

reading olds sites again...

the 30days went years ago.

 

it'll be 12+4 working days as its 2nd class.

 

dx

[bohomiz]

Hi All

 

Just a curiosity question.

 

I posted my letter and postal order to Rossendales on 4 June 2013 2nd class with certificate of postage. When will the 12+2 day expire, knowing that weekends and bank holidays are not included in these dates.

 

Just so that I can keep an eye on the date/s.

 

To date: I've not received a response, although some DCA's, as I've been reading online recently, send out a holding letter or state they will be contacting the original creditor for this information.

 

With thanks.

 

BM.

[dx100uk]

post 196 already refers

 

dx

[bohomiz]

Oh gosh what a numpty. I didn't see that post - sorry.

 

Well from 4 June when I posted the letter and po, I calculate that the 16th day (12+4) expires on 25 June.

 

But anything can happen in a week.

 

Thanks again.

 

BM.

[bohomiz]

Hello All

 

I hope you are all well.

 

I am probably jumping the gun, and I'm sure someone will tell me otherwise if I am or not.

 

On 4 June 2013 I posted a letter and a £1 postal order to Rossendales requesting a CCA. I have both the receipt for the postal order and a Certificate of Postage.

 

If am correct in my dates, 12+4=25 June 2013. In between 4 June and 25 June I have not received any form of correspondence from Rossendales, be it a holding letter or otherwise, or a copy of the CCA or a form/paperwork of any other kind.

 

If the 12+4 days are now up, what is the next step to take. And can I try and claim my money back when taking in to account that someone from Fredricksons threatened me with possession taking and prison time if I didn't set up a payment plan there and then. They must also have known they were in the wrong because when I stopped paying and told them I was having the account/claim looked in to (I had just registered with CAG), they stopped writing and sent the debt back to Arrow(head).

 

As always, any advice is gratefully received.

 

Thanks again.

 

BM.