EGG loan - Settled with Clarity, now Freds/carter, but owned by Brits

[Huff&Puff]

Hi all, it's been a while since I was last here, as pretty much all of my stuff went SB a while ago.

 

However, I have a bit of an unusual one here, in that there was one alleged debt (Egg loan) that Clarity chased me for a while back, before I discovered CAG, and I ended up making a F&F payment in mid 2008. I still have the correspondence (I've learned from CAG never to throw anything away ).

 

I naturally assumed that was the end of the matter, until 2010 when Arrow Global claimed the debt had been assigned to them, and then I started getting the usual threatograms from various DCAs - it has been through at least half a dozen. I ignoredf them, TBH, since I have the F&F letter from Clarity. However, on Staurday I got a LBA from Fredericson, and today (2 days later) another LBA from Carter. Since I know what Carter is like, I think I do now need to write something, so I'd like some advice on the best way to proceed, please.

 

[mikeymack2002]

send him the prove it letter from the templates library, if you need to copy your receipt and send that to him as well, make sure no signature is on it lol, then send him the cca letter then see what he says if you defend your claim he runs and hides under a stone and if you have more details that wll help too

[mikeymack2002]

Ps Freddrickson and Carter are the same people Carter is his goffa

[citizenB]

Simply write and advise that you made a Full and Final Settlement to Clarity on such and such a date and that you have the proof of this !

 

If Clarity have sold on the balance then that is naughty and I imagine that you will still be able to get this thrown out.

[BRIGADIER2JCS]

Hi all, it's been a while since I was last here, as pretty much all of my stuff went SB a while ago.

 

However, I have a bit of an unusual one here, in that there was one alleged debt (Egg loan) that Clarity chased me for a while back, before I discovered CAG, and I ended up making a F&F payment in mid 2008. I still have the correspondence (I've learned from CAG never to throw anything away ).

 

I naturally assumed that was the end of the matter, until 2010 when Arrow Global claimed the debt had been assigned to them, and then I started getting the usual threatograms from various DCAs - it has been through at least half a dozen. I ignoredf them, TBH, since I have the F&F letter from Clarity. However, on Staurday I got a LBA from Fredericson, and today (2 days later) another LBA from Carter. Since I know what Carter is like, I think I do now need to write something, so I'd like some advice on the best way to proceed, please.

 

 

Hold hard here, lets look carefully at this before sending any letters.

 

Carter and Freds are not the same company Carter is a solicitor for rent to DCAs.

 

You have the letter stating paid in F&F was there a condition in the agreement that any remaining balance would not be sold on, my guess is that the balance has been sold to Arrow Global.

 

You can try sending Carter the following:

 

Ref: as on the Carter letter.

 

Dear Sir,

 

I refer to your letter dated xx xx xxxx in which you claim that a debt for £xxx.xx is owed by me, please take note I do not acnowledge any debt to Bryan Carter LLP or any company you may claim to represent.

 

You and your ''client'' seem to have been misled by the organisation from which this alleged debt was aquired.

 

I can confirm that on xx xx xxxx Clarity accepted the sum of £ xxxx in FULL & FINAL SETTLEMENT of this matter.

 

I attach a copy of the Clarity letter for reference.

 

I now suggest that you return the file on this matter to your client as no such debt exists.

 

Send Recorded.

[Huff&Puff]

The wording on the Clarity letter is as follows:

 

Further to a telephone conversation with my colleague, I am writing to confirm that our client would be willing to accept a payment of £xxx as full and final settlement on the above account.

 

I have a further letter acknowledging receipt of the sum, and stating that the account is now closed. It doesn't specifically say that they won't sell the balance on, but the reference to their client, who would have been Egg at the time, should make life hard for them in court I would hope.

 

Do you guys think I should also send a letter to Clarity at the same time?

[citizenB]

The wording on the Clarity letter is as follows:

 

 

 

I have a further letter acknowledging receipt of the sum, and stating that the account is now closed. It doesn't specifically say that they won't sell the balance on, but the reference to their client, who would have been Egg at the time, should make life hard for them in court I would hope.

 

Do you guys think I should also send a letter to Clarity at the same time?

 

I would leave Clarity out of it for the time being

[BRIGADIER2JCS]

I would leave Clarity out of it for the time being

 

Clarity are out of the picture now really.

[lookinforinfo]

I am a little at a loss to understand why Clarity are out of it. I know they have apparently sold on a debt that they agreed with the debtor that he has made a full and final payment

so they are no longer the creditor.

 

It may be that Clarity made a mistake in selling on the debt or it was a deliberate act-ie take the money then sell on the residual amount.

If the former, then they have breached the Data Protection Act by failing to keep accurate records and passing on personal details to a third party [Arrow Global].

If the latter, they appear to be in breach of the OFT guidelines on Debt Collection http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf. ] The debtor should be made aware that the debt still exists (where this is the case)23

and could be pursued at a later date and that even if the creditor itself commits not to further pursue the debt, the debt could still subsequently be purchased from the creditor by another business that may

decide to pursue the debt".

This would come under "3.2 It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner."

 

What ever the reason for the sale, Clarity have breached the regulations as far as the OFT are concerned thus calling into question their fitness to hold the Credit Licence. It may be that Clarity,

on being presented with these facts, may decide to recall the debt.

 

Of course, Arrow Global may be at fault too. Before threatening or instigating legal action, they are supposed to check that they have the right to do so. The simple expedient of checking your

Credit file should perhaps have revealed that your debt has been settled.

 

Have you checked your credit file to see how Clarity referred to your debt at the finish? It would be worth looking at it as it may strengthen your case whoever you write to.

[Huff&Puff]

I meant to mention, that the last time I checked my credit file, which was 2010, this alleged debt was not showing. It dates from 2000, and would have been SB'd in 2009 had I not made that F&F payment

 

I know one thing, I'd never make another F&F, nor would I advise anyone else to do so. Even though I hadn't then discovered CAG, I still knew that DCAs weren't to be trusted

 

I'm going to send off for a new copy of my credit file, at the same time as I send the letter.

[PGH7447]

I would simply write to carter and say see you in court and by the way, make sure you have ALL the facts at your disposal, before you proceed.

[Huff&Puff]

I sent B. Carter a letter pretty much as Brigadier suggested. Today, I got two separate replies from Frederickson, dated and posted the same day, in separate envelopes. They really do like to play mind games, don't they?

 

 

 

I'm proposing to ignore their request for proof of payment, if they want to try and claim that no payment was made, then this alleged debt was Stat barred in 2009. If they accept that the payment was made, then I have the letters to show that it was in F&F settlement.

 

Unless anyone thinks I should take a different course?

[BRIGADIER2JCS]

No If they insist there is no payment the do they not confound their theory that the debt is not statute barred.

[citizenB]

H&P, Fredericksons really need to sort themselves out.. this sending letters dated same day is not on.

 

lookingforinfo makes some interesting points in an earlier post - if you get any more hassle from BC or Fredericksons then it might be worth thinking about stomping on Clarity.

 

We could of course think about drafting a letter pointing out what you say.. if they cannot find this payment, of which YOU have proof.. then the account is almost certainly statute barred and by some 3 years. If they do find the payment then again, you have proof that this was a F&F settlement and your intentions will now be to give Clarity some stress by contacting the regulators in respect of their actions.. dragging Fredericksons' client along for the ride :

[BRIGADIER2JCS]

I wonder if there is any merit in making a SAR to Clarity, this could produce any record of the F&F and the conditions upon which it was agreed?

[citizenB]

I wonder if there is any merit in making a SAR to Clarity, this could produce any record of the F&F and the conditions upon which it was agreed?

 

good idea

[BRIGADIER2JCS]

It on consideration seem a logical course of action, there are good reasons to doubt the data so far avialble Huff, a SAR to Clarity addressed to the data controller,

Please us the template from the CAG library, and add the explicit requirement to supply ALL records of payments of any type to Clarity specifiacally and any payments further remitted to any third party.

[Huff&Puff]

I had thought after hearing nothing more that they had seen sense, and that it had finally gone away. I should have known better

 

I never did bother with Clarity, though I will certainly be writing now. Do any of you feel that I should respond to Frauderickson's idiotic missive? I feel that I've stated my case and that there is nothing further to say to them, personally.

 

[BRIGADIER2JCS]

SARs the answer HUFF.