Fredrickson and barclaycard [morgan stanley] debt

[slick132]

The other section that looks odd to me is "C". Can you read exactly what is said on that line, and confirm for us. Perhaps it is "C 16.9% (purchases)"

 

It looks like this may have been Cut and Pasted because of the way it is out of line.

 

They don't have to state a credit limit - they can just say the limit will be set and notified to you from time to time, eg on your statements.

 

As I said above, some or all of these points may add weight to any defence you have to present.

 

[eiggy]

It says: C. 16.9% APR (variable).

[eiggy]

Oh and yes it does look like its cut and pasted in as it's out of line.

[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?

 

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

 

 

I'm thinking of sending this... Anyone got any thoughts?

 

Thank you for your letter dated the 6th of November.

I would like to point out that both you and Lowells have sent letters stating that all contact about this alleged account should be made to Fredrickson International.

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 my 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.

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.

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 (6) will apply.

Yours faithfully

Edited November 11, 2013 by eiggy

[slick132]

Hi Eiggy,

 

Send it and see how they respond this time.

 

Also, the SAR response from BC will give you data you need about penalty charges.

 

[eiggy]

I had a horrible feeling of not wanting to rock the apple cart today but I took deep breath and sent it earlier.

 

I stapled the returned £1 PO to my letter just as they done in their reply. Also, when I removed the PO from their letter it revealed their letters signature, it was signed FREDRICKSON INTERNATIONAL LTD, in bold text! Funny, their introduction letter had a rather flamboyant signature, is this an attempt to intimidate or am I reading into things too much!?

[renegadeimp]

Its most likely an automated letter and theyve hired a min wage drool bot to send them off.

[eiggy]

Its most likely an automated letter and theyve hired a min wage drool bot to send them off.

 

Eek! This bot knows how to use a stapler! Lol.

 

Will feel much better or dare I say worse when BC come back with my SAR request, I guess then I will SEE what they have CCA wise as I need an electron microscope to interpret what Fredrickson sent me after my prove it letter.

 

Thank you dearly slick, dx, renigadeimp and stigman for your help so far.

[eiggy]

Just a quick update for anyone reading in similar situation.

 

Fredrickson have returned my PO again and have referred me back to Lowell's with regard to my CCA request for the second time.

 

Had an attempted DHL delivery, I'm guessing it's my SAR request from Barclaycard. It's being redelivered tomorrow...

[slick132]

Hi Eiggy,

 

Although Freds may be wrong to return the CCA request and cheque again, I think it doesn't matter as per my comments in post #24 above.

 

Let us know if the SAR response reveals penalty charges and/or PPI and, if so, at what levels.

 

[eiggy]

Hi Slick

 

SAR received today.

 

Some nice to knows for anyone in similar

– My SAR request was fulfilled with all the data Barclays as a whole had on me, loans, current account etc. I wasn’t expecting that.

 

As I had two cards with BC, I made two separate requests so I guess if you have multiple cards/accounts with Barclays you can save yourself the postage.

 

Also, it came from somewhere in Cheshire not the familiar Northampton or Churchill Square so don’t get paranoid like I did, it’s not County Court docs!

 

They supplied loads of data, included was the 'agreement' just as post #3 only even more difficult to read,

 

it’s the digital application with some terms, no signature, the box titled 'digital signature and authentication' is blank,

the document is tiny, 1/3rd of an A4 page and almost impossible to read.

 

So, next move?

 

There are only 15 over limit/late payment charges of £12 each, the first starting Nov 09 and the last in Jul 10.

 

I’ve read in another thread on here that if you start reclaiming charges BC will buy the debt back from the DCA.

Do I try to reclaim the charges and if so, are there repercussions?

 

With regards to my CCA requests to Frederickson,

they have again said that my account is on hold for 14 days to allow me to make my CCA request to Lowell’s.

 

Do I send a failed CCA request letter to Frederickson or should I do as they suggest and make the CCA request to Lowell’s?

 

Lowell’s will obviously respond with the same document as in post #3 as that’s all they will have.

 

Will such a response warrant a failed CCA request letter to Lowell’s legitimately putting my account into dispute?

 

I guess this would be the ideal situation but I’m not 100% clear if this document satisfies their responsibilities

thus invalidating my failed CCA/account in dispute letter leaving the possibility of a court hearing hanging.

 

Thanks in advance for your advice.

[slick132]

Hi Eiggy,

 

Your SAR was a request to Barclays Bank PLC for all data that they hold about you including bank a/c's and credit card a/c's.

 

The way I see it - I've already said they have replied adequately to your CCA request with regard to s.78 CCA1974 and they'll not agree that the a/c is in dispute about this.

 

Nor will they acknowledge the a/c to be "in dispute" to the extent that they'd NOT take court action. Just because you say it's in dispute will not stop them taking court action if they wish. If such court action is taken, it is down to you to defend on whatever grounds are relevant, or you can offer to pay them £xx per month to clear it.

 

Next step is to see what the charges and compound interest at 24.9% come to, using a compound int't spreadsheet. Let us know how this compares with the a/c balance.

 

BC may well repurchase the a/c from a DCA if they receive a charges reclaim from you and set off the amount claimed against the a/c balance.

 

Edited December 4, 2013 by slick132

[eiggy]

Hi Eiggy,

 

Next step is to see what the charges and compound interest at 24.9% come to, using a compound int't spreadsheet. Let us know how this compares with the a/c balance.

 

BC may well repurchase the a/c from a DCA if they receive a charges reclaim from you and set off the amount claimed against the a/c balance.

 

 

Hi Slick, thanks for the reply and clarity.

 

Charges amount to only £231 at a rate of 24.9% so nothing too exciting there I guess

[slick132]

Hi Eiggy

 

The interest figure is low because the charges are relatively recent, so this will have little impact on the debt of approx £4K.

 

I would write to Freds saying you would like them to suggest a realistic settlement figure, bearing in mind that they either appear to have no enforceable credit agreement, or they've chosen not to send you a copy.

 

Or wait for them to make their next move.