Fredrickson international/Capital One - next steps?

[electrica77]

Hi everyone, and merry christmas!

 

I've been getting texts from Frederickson international for a few weeks now

and It think they have also been using anonymous numbers to try and call me.

 

I then got a letter asking if anyone by my name lived here about two weeks ago, maybe less, and

today i had a letter addressed to me specifically, referring to an old Capital One debt of 2200 quid approx,

(this was subject to an IVA, and the IVA collpased three years ago) and asking me to make repayments blah blah.

 

The debt is very old, and if it isn't 6 years old already, it will be in the next 6 months.

The last of my debts from that time clears around the time of the Olympics.

I need to check on my credit record to ascertain how valid it is, which I will do next.

If it's statute barred, is there a letter I can send?

 

If it is still a 'live' debt, what is the next step?

I dealt with a few debt collection companies a couple of years back, but I don't know if anything's changed etc.

I've had no letter of assignment incidentally, and I have not confirmed any details to Frederickson's.

I will be very surprised if Crapital One have any surviving or valid paperwork frankly,

and seeing as I only need to spin it out for 6 months tops,

I'm not too worried, but I also want to nip it in the bud as soon as possible.

 

Thanks in advance for your help

[dx100uk]

cra first then go from there

 

dx

[electrica77]

Thanks, what's a CRA?

 

Also, just thinking about statute barring- when exactly do they judge the 6 years to be from? I'm pretty sure none of the money from my IVA ever got to my creditors, it seemed to just go to the insolvency practitioner, but I would need to check that. Is it from the last payment made, or from the first missed payment?

[electrica77]

also, where's the best place to get a copy of my credit record? Apologies for all the questions!

[dx100uk]

for some unknown reason sigs are not showing

as for SB its from YOUR last financial transaction

 

 

 

here you go:

 

Credit Reference Agencies:

Experian Equifax CallCredit

 

 

How To Start Your Own Thread:HERE

 

 

1. Single Premium PPI Q&A

Read Here

2. Reclaim mis-sold PPI Read Here

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4. The CAG Interest Tutorial Read Here

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7. Thinking of a Full & Final Settlement? Read Here

my views are my own...seek legal advice if ness

NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone

- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.

DX

Siteteam

[electrica77]

just to be absolutely clear, does that mean the last payment I made to the credit card company, or the last transaction made using the card. Obviously the IVA was within teh last 6 years as well, does that count as a transaction? Sorry to sound so stupid, but I want to be sure I get it right. Cheers

[citizenB]

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

Hope this answers your question

[dx100uk]

your last financial transaction in or out

payment or use

or the last time you wrote saying 'hey this IS my debt'

and signed the letter.

 

dx

[electrica77]

well i dont think I've paid into or used it since at least 2005.

 

The IVA was in 2006 I think, but it only lasted 6 months,

and when i looked at the money I'd paid in, none of it had gone to the creditors, it had only gone to the arranging company at that point.

 

I've not heard anything from them until now.

 

I'll be very surprised if there is any correct paperwork for this existing in their archives as it must be ten years old at least.

[dx100uk]

cra file?

 

dx

[electrica77]

ok, I've just looked at my credit record, and it says that the account defaulted in August 2006,

but I am certain that there were no payments made for at least a couple of months before that,

and there's nothing to indicate when the last payments were made,

its just blank for all of 2006.

I'm wondering if rather than go down the routr of getting them to prove everything,

maybe I should just chance it and say the debt is now statute barred?

 

I'll have to see what paperwork I still have existing as well, and see if I can work out from that.

I've got most of my debts becoming statute barred this year, and a few have already dropped off my credit record.

[electrica77]

In fact thinking about it, I am 90% sure I made no payments after 2005 I just wonder if the IVA can be used against me?

[dx100uk]

it think you have just gotten on a phishing list

 

i'd sit tight

 

let them play their cards

 

dx

[electrica77]

well, I haven't acknowledged any contact from them yet, although they keep sending text messages.

 

I am going to see if they send a third letter.

 

The fact that they sent a letter asking if I was the correct person,

then a week later sent a formal debt recovery letter proves in itself that they have not confirmed that I am the correct person to send correspondence to.

 

I seriously doubt if there is any enforceable agreement that can be produced at this stage, as the card was taken out in 2002,

 

so I think I've always got that on my side.

[electrica77]

Update:

 

Still no further letters, but I did get a phone call from a woman at Fredericksons wanting information for data protection. I told her that if she couldn't confirm the nature of her business, I wasn't willing to confirm my identity over the telephone. She said in that case she couldn't proceed any further. As you can imagine, I was heartbroken.

 

Got a few texts asking me to contact them. I didn't. Today I got a recorded message from them asking me to press one if I was the person concerned. I hung up.

 

I'm pretty sure this debt isn't legally enforceable any more, but that seems to be their thing doesn't it, picking up statute barred debts and then pursuing people with illegitimate threats.

 

I get the impression that if you don't confirm your identity, they can't go any further, despite the letters etc, so I'm just ignoring them now. If they ever produce a letter of assignment etc I'll pay more attention. Hopefully they'll get bored and go and play with someone else eventually.

[citizenB]

If you dont confirm your identity then they shouldnt go any further.. correct.. but they will.

 

Is there anyway you can block those calls ?

[electrica77]

They seem to have stopped for the most part now.

 

When they do call, they call from different numbers, presumably to avoid being blocked.

 

I haven't had any more letters (yet), which would worry me more.

I now just don't answer any calls whose numbers I don't recognise.

 

I'm surprised though- they've let this lie since 2006, why try and chase it now?

 

I shall continue avoiding and if they produce anything meaningful I'll respond, but my understanding is that they couldn't take me to court anyway,

only the original company can do that, and I would put money on it that they don't have any of my original paperwork,

and if they did, it wouldn't contain the correct terms etc. They can go whistle.

[electrica77]

Ok, I've now recieved a letter from our friends at Bryan Carter,

stating that Arrow Global Guernsey is their client,

but that i should contact Fredericksons if i want to make payment arrangements and avoid legal action.

Nowhere is teh original client mentioned.

 

the upshot of the letter is that pmnt should be made in next 14 days or they will recommend the client go with legal proceedings,

further charges will be added blah blah, but that If I dispute liability for the debt I should provide my reasons in writing and any documents to support my defence to any claim (HAHAHAH!!)

 

Obviously I have never confirmed my identity, so should I start with the letter asking them to prove that I am liable for the debt, and point out that fredericksons failed to do so?

 

The longer I drag it out the better, as only 3 months till its barred i think.

[citizenB]

They seem to have stopped for the most part now. When they do call, they call from different numbers, presumably to avoid being blocked. I haven't had any more letters (yet), which would worry me more. I now just don't answer any calls whose numbers I don't recognise. I'm surprised though- they've let this lie since 2006, why try and chase it now? I shall continue avoiding and if they produce anything meaningful I'll respond, but my understanding is that they couldn't take me to court anyway, only the original company can do that, and I would put money on it that they don't have any of my original paperwork, and if they did, it wouldn't contain the correct terms etc. They can go whistle.

 

If the account has been properly assigned, then the new owner can issue a claim.

[sillygirl1]

If it is with Mr Carter who is a solicitor for rent then he will run if he is given work to do. Write and tell him it is Statute Barred and you do not acknowledge the debt... end of game then.

[BRIGADIER2JCS]

Is this debt statute barred,

 

If so send this to Carter and Freds.

 

Dear Sir or Madam,

 

Ref:xxxxxxx xxxxxxx

 

I write regarding the debt for £xxxxxxxx which you allege is owed by

me, please take note that I do not acknowledge any debt to you or any

company you claim to represent.

 

Having taken advice on this matter and completeing some reasch

I have concluded that any such alleged debt is Statute Barred, therefore

I will not now or in the future make any payment or offer of payment.

 

You will therefore cease to process all data that you hold on me and

remove it from your records.

 

I am sure I do not need to remind ot the relevant sections of the

OFT Guidance on Debt Collection dealing with statute barred debt

and the gidance regarding the sale of such debt without informing

the purchaser of the status of the debt.

send to the compliance manager at Freds and copy to Carter.

[electrica77]

I will put money on it not having properly assigned. I've certainly not received anything to that effect, although i have moved about 5 times in the last 5 years.

 

If I say it's statute barred, am I not then inadvertently acknowledging it as mine? I thought if I can get them running about for a few months trying to prove its mine (and to be fair I'm very unclear as to where the amount came from) and then go down the route of getting them to produce paperwork to show that the agreement was set up properly to begin with, then by the time that's done it will be more or less statute barred by that time.

 

It's a bit of a grey area though, as I did have an IVA after 2006, which this was part of, so does that count as the last time i 'acknowledged' the debt?

[sillygirl1]

If there was no repayment made by the IVA then it could still be statute barred in a few months.... if it is not already.

 

I would write to Mr Carter stating you are not aware of this debt so could he please prove it is yours, that should string things out a bit. something along the lines of

 

"I do not acknowledge this alleged debt from you/your associates/affilliates or clients

 

Please could you provide further information as to the origins of this debt, ie the date the last acknowledgement was received, the date the last payment was made.

 

This is not a CCA request nor a SAR request so no fee is required.

 

As you are considering court action against me I am entitled to ask for information under pre-court protocols so this can be taken as a CPR Part 18 or Part 31 (not sure if the part 31 is correct but somebody else could confirm that) request, should this remain unfulfilled then I request the documentation that you would rely on in court.

 

Now go and stew on that..... (or words to that effect)

 

Play him at his own game of issuing misleading statements about court paperwork, for good measure you can alwasy add the immortal lines "Valid even if not read by you"

[electrica77]

Thanks, I think that's what I'll do for now. There's a standard 'prove it' letter in the CAG library, so I'll use their wording and some of yours (love the valid even if not read by you!), and see what they come back with. I'll update you when I get a response!

 

The step after will be the SAR I guess?

[andymzua]

Did you get any further with this. I am going through a similar thing so would like to know how you got on.

 

Regards