Fredrickson and barclaycard [morgan stanley] debt

[eiggy]

Hello, I'm looking for some help with a Barclaycard debt.

 

The card was a Morgan Stanley which got sold to Barclaycard,

the account was opened in Dec 06 and defaulted in Sep 10 with a balance of £4K.

 

I received a welcome letter from Fredrickson International taking over from Lowell in August

and replied with a prove it letter.

 

Today I received a reply from Fredrickson which included what looks like a digital application for the card,

the application is populated with my home/work details so must be a copy of the actual application.

The application does not have my signature but page 2 of what they sent acknowledges a digital signature for me.

 

I've uploaded what they sent me although I'm not sure if it viewable

(any suggestions on how to upload it correctly appreciated).

 

Today I sent off a CCA request as I never actually made one in the first place, only a prove it letter was sent by me.

 

I was wondering;

 

Is what they sent any use to them for enforcement purpose?

 

Would the document satisfy my CCA request if they reply with the same document?

Where do I stand with this?

 

I've have a faint understanding that they need my actual signature on the agreement to make it enforceable

as the agreement is pre April 2007, I think I'm on the right track but need some human advice.

 

Any help is greatly appreciated.

 

Thanks.

Edited November 4, 2013 by eiggy

[Stigman]

I've uploaded what they sent me although I'm not sure if it viewable (any suggestions on how to upload it correctly appreciated).

 

 

Copied from instructions posted by DX100uk

 

 

 

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]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

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

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

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

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

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

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.

i'e Default notice dd-mm-yyyy

.

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

[eiggy]

Thank you for your help with this Stigman, I think I've done it right!

[dx100uk]

where are the T&C's for that date?

 

tell us about the debt

 

is it on your CRA file?

 

whos shown as the owner there?

 

if BC sold the debt

there must be a VERY good reason

 

could be PENALT charges

and/or PPI to reclaim?

 

i'd get an sar off to BC to get all the statements and check.

 

dx

[eiggy]

where are the T&C's for that date?

 

tell us about the debt

 

is it on your CRA file?

 

whos shown as the owner there?

 

if BC sold the debt

there must be a VERY good reason

 

could be PENALT charges

and/or PPI to reclaim?

 

i'd get an sar off to BC to get all the statements and check.

 

dx

 

Hello, thanks for the reply.

 

Sorry but I'm not sure what you mean by where are the t&c's for that date, the doc is just as sent.

 

The card was a Morgan Stanley opened in Dec 2006, the account was transferred to Barclaycard at some point and I defaulted in Sep 2010 with a balance of £4K.

 

I was hounded by ages by Mercers (when I think back to how they hounded me back then - I feel sick!) then it was passed on to someone (can't remember who) they eventually offered me a discounted settlement then it went to Lowell now its with Fredrickson.

 

The record on my CRA file is from Barclaycard and is marked as satisfied Feb 2012. No DCA has taken over the record or placed an additional record for the debt, this is unusual right?

 

Theres no PPI but there would be missed payment charges for the last 6 months or so, do you think its worth reclaiming those?

 

I've sent off a CCA request yesterday and I'm guessing they will reply with what they have already sent so I'm wondering what my next move should be.

[slick132]

Hi Eiggy,

 

The CRA shows the a/c as "Satisfied" ?? Any idea how or why this may be ? I wonder how Fredericksons would explain chasing the debt when the CRA files show the debt as satisfied.

 

Do you actually recall if you applied online or with a signature on an application form. For online applications made after December 2004, a digital tick was an acceptable alternative to a signed signature box.

 

If you don't have all the old a/c statements but you think there may be penalty charges to reclaim, you can get the statements by sending a SAR to Barclaycard. However, if the only charges relate to the period from 2010 onwards after you defaulted on the a/c, there will not be much in the way of compound interest to claim on top.

 

If you do have the a/c statements, put the penalty charges on a site spreadsheet, after taking some time to read other threads here to see what's involved in the process.

 

Edited November 5, 2013 by slick132

[dx100uk]

urm..

 

looks like the card is up for sale if it shows settled.

so lowells have not sent an notice of assignment

that they've bought the debt.?

 

there must be lots to reclaim if you've been offered a discount.

 

dx

[eiggy]

urm..

 

looks like the card is up for sale if it shows settled.

so lowells have not sent an notice of assignment

that they've bought the debt.?

 

there must be lots to reclaim if you've been offered a discount.

 

dx

 

Yes, Lowells sent me a hello/assignment letter back in March 2012. The discounted settlement was offered by who ever was pestering before Lowells.

 

Didn't think there was many charges, I always paid on time before the default. I remember getting late and over limit charges during the 6 months or so before the default but thats it. I've sent a SAR today to find out for sure.

[eiggy]

Hi Eiggy,

 

The CRA shows the a/c as "Satisfied" ?? Any idea how or why this may be ? I wonder how Fredericksons would explain chasing the debt when the CRA files the debt as satisfied.

 

Do you actually recall if you applied online or with a signature on an application form. For online applications made after December 2004, a digital tick was an acceptable alternative to a signed signature box.

 

If you don't have all the old a/c statements but you think there may be penalty charges to reclaim, you can get the statements by sending a SAR to Barclaycard. However, if the only charges relate to the period from 2010 onwards after you defaulted on the a/c, there will not be much in the way of compound interest to claim on top.

 

If you do have the a/c statements, put the penalty charges on a site spreadsheet, after taking some time to read other threads here to see what's involved in the process.

 

 

Barclaycard marked it as satisfied when they passed it on to Lowells in March 2012. I am surprised Lowells or Fredrickson haven't taken over the record or placed their own for this debt.

 

I don't recall signing anything, I've attached what they send me in a previous post. I don't know what to make of it.

 

SAR has been sent today.

[eiggy]

Has a reply from Fredrickson about my CCA request. They said if I require documentation pursuant to sections 77-79 I must request this from their client Lowells.

 

Anybody got any thoughts about this?

[slick132]

Even if Freds are not the current owner, they still have an obligation to follow procedure with a s78 Request.

 

See the BLUE writing in the CCA letter here - http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974&p=4193472&viewfull=1#post4193472

 

[eiggy]

Even if Freds are not the current owner, they still have an obligation to follow procedure with a s78 Request.

 

 

Thanks for the reply, what do you think I should do? The letter said that my account has been put on hold for 14 days to allow me time to make my request and after this time debt collection on this account may resume.

[renegadeimp]

Wait the 12+2 days then send the non compliance letter.

[eiggy]

Wait the 12+2 days then send the non compliance letter.

 

Is that 12 + 2 working days? And from what date? When I sent my request or from when they replied?

[eiggy]

Okay I've looked at the letter and it answered those questions.

 

Could someone have a look at the uploaded document in post #3 and offer advice on its possible use for enforcement.

[dx100uk]

i'd be awating the sar

 

where did that CCA in post 3 come from?

 

dx

[eiggy]

i'd be awating the sar

 

where did that CCA in post 3 come from?

 

dx

 

Have a read of my first post

[eiggy]

Have a read of my first post

 

Sorry, that might sound abrupt...

 

I never made a CCA request, Fredrickson sent that to me when I sent them a prove it letter.

[renegadeimp]

Freds are lying as usual. They know VERY well, that if they chase a debt such as a loan/cc etc, then they have to be able to produce a complaint CCA on demand.

[eiggy]

Do you think what was sent after my prove it request could be used for enforcement? Post #3

[eiggy]

i'd be awating the sar

dx

 

Just realised I might have been really silly. I signed the SAR request I made to Barclaycard and sent a signed cheque. Wrong thing to do right?

[dx100uk]

sar must be signed

 

cca's don't

 

you are OK

[eiggy]

Thank you dx. Can I ask your opinion on what they sent me after my prove it letter. Post #3.

[slick132]

Hi Eiggy,

 

Having just read your thread back from the start, I think that Freds have already sent you the credit agreement even though they sent it in response to a Prove It letter as opposed to a CCA Request.

 

Can you confirm if the agreement itself is legible as the PDF is actually quite hard to read and it's substantially illegible in places.

 

In terms of it's content, it appears to be lacking a Cancellation Rights box. Also, a Signature box that would include the Tick box is missing.

 

So it may be that these points could be raised as part of a defence if court action was taken. Whether it is accepted, of course, is down to :-

 

1. How well you prepare and present your defence.

 

2. The judge on the day.

 

I wouldn't lose any sleep about signing the SAR - it'll cause no problems for you.

 

Edited November 11, 2013 by slick132
typo

[eiggy]

Hello Slick, thanks for your reply.

 

The document they sent is really small and I can just about read it.

 

It doesn't state the amount of credit just that they will set my limit.

 

It also gives an example of total charges for credit assuming a limit of 1500 but gives no actual figures.

 

Does that help me?

 

It looks like it's missing a bit after interest rate (section E).