Account is dispute with MH has now been passed to Freds!!/ Cap1 card 6yrs old

[Chrissie1980]

I just looked it was June 2009 and this was around the time I had the account with FSF...... But if they couldnt prove I owned the account and seemingly closed it should they not have removed it from my credit file?

[dx100uk]

no but the £1 was a CCA fee not payment to the account!!

 

dx

[Chrissie1980]

Yea thats what I thought, would they have used it towards a payment to the account to extend the 6 years to prevent it from becoming statute barred?

[renegadeimp]

They probably have but are not allowed to.

[dx100uk]

NO they are not!!

 

dx

[BRIGADIER2JCS]

FORMAL COMPLAINT TO THEIR COMPLIANCE MANAGER

then complaint to the OFT.

 

Given that the £1 was a statutory fee it did NOT restart

the SB clock.

Chrisse, Would you like me to draft a complaint on this??

[Chrissie1980]

Hi BRIGADIER

 

Would you? That's very kind thank you..... I just think it's very sneeky if they have done that.

[BRIGADIER2JCS]

Hi BRIGADIER

 

Would you? That's very kind thank you..... I just think it's very sneeky if they have done that.

 

More than sneaky unlawful!!

I will draft that up tomorrow, if there is any more detail please post up on this thread.

[Chrissie1980]

Thank you so much for your help guys...... I don't know what I would do without all this help!

[Chrissie1980]

Soooooo I recieved a letter yesterday from Freds about the account they are pursuing me for and it is in fact the one which was in despute with Mackenzie Hall, although they did send the CCA to me which was a month or so after I sent them the non compliance letter.

 

Should I now send another CCA request to Freds and go through the process again? I know that the whole balance on this account is CC charges and interest because the balance on the account when I cut up the card was about £30 below the limit but as I was paying minimum payments the charges (some unjust) and interest outweighed what I could afford to pay therefore just accumlating a debt of charges and interest!

 

What I was going to do was send the CCA and then if and when that comes back send an SAR to claim all that back, is this the right thing to do?

[renegadeimp]

If freds are chasing a debt alongwhen another DCA already holds it , send them http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency edited to your needs. Only ONE DCA can chase a debt at any one time. Otherwise you would have dozens of them after you for the same debt.

[BRIGADIER2JCS]

Hi Chrissie,

 

I take it that MH used the £1 statutory fee?

If not just change the addressee on this.

 

Mr. Robert Sands

Compliance Director

MH

 

FORMAL COMPLAINT: Unlawful Misappropriation of a Statutory Fee:

 

Ref: xxx xxxxxx give each companies refs as well.

 

Dear Mr. Sands,

 

I refer to the alleged debt for £xxxxx allegedly owed by me to the original creditor xxxxxxxxxxxx, which

has now been passed to Fredrickson International for collection on date xxxxxxx a Payment of £1.00 was

made to the account which has allegedly restarted the 6 year period for the debt in regard to it becoming

statute barred.

 

This £1.00 was the statutory fee payable for a Consumer Credit Act 1978 request for a copy of the signed

and properly executed agreement for the account which MH were pursuing at that time and therefore it would

appear that this statutory fee has been misappropriated with the intent to prevent this allged debt becoming

statute barred.

 

I now require MH to provide the reasons, and explanation for this disreputable action.

 

I am in the process of compiling complaints to the OFT in regard to the fitness of MH to

hold a consumer credit licence in view of this matter, I am also bringing this matter to the

attention of the ICO as it has resulted in incorrect data being placed on my credit record.

 

I require you to recall this matter from Fredrickson International and close the files on this

allged debt which is STATUTE BARRED and I will not be making any payment or offer of payment

now or in the future.

 

Amend/edit to suit/fill in blanks etc.

yell for help!!

[Chrissie1980]

Thank you Brigadier you are too kind...... I will send that out as soon as!! I'll give you an update on what happens

[BRIGADIER2JCS]

:thumb:

Thank you Brigadier you are too kind...... I will send that out as soon as!! I'll give you an update on what happens

[oleg]

Omit Sands' name from your letter. He and colleague S Fraser jumped ship to start own DCA Mercantile Recovery Solutions ... similar to what a certain Paul Mackenzie did a few years previously!