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telephone calls from fredricksons emails etc statute barred


brockquietman
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Hello

 

Could I ask a question

 

I have recently been getting a few (putting it mildly) texts phone calls etc from fredricksons

 

all these debts are statute barred ,

well over the 6 years since any contact or payment..

 

does the same 6 year rule apply to mobile phone contracts ,

so every day theres phonecall after phonecall surely this is not right

 

I got a letter saying I had made a payment to lowell which didnt happen im not that stupid

 

but either way im just waiting fro the Dimwit?

who thinks he's a legal professional " Bryan Carter" to take me to court,

it seems the next letter after proving your not going to bend over is they threaten you with this and then try it on in court

 

Is the ACE UP MY SLEEVE the absolute defence that they must prove any payment

and that I can just say 6 YEARS your honour he's actually making a mockery of your court by trying it on

 

Is there anyway I can take these guys to court for trying it on with the lies they are purporting?

to be honest I would be more than happy to take a drive and sort it out face to baseball bat with the jumped up idiot that's running the show,

(i know you guys probably don't condone actions of this type but in all honesty an addition to my record for taking care of this devious little ***

wouldn't really bother me and might give others great joy)

I'm trying to sort out my life here and am being threatened

 

I definitely know the kid on the other end of the phone wouldn't dare speak to me in the manner they think they can if they were in the same room

 

so more likely its better sorted using the pen than the sword so can anyone help

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Have you ever written to them to tell them that it is SB and that you will not be making any payment?

 

If you are sure it is SB then there is a letter in the CAG library to use. Unless you tell them in writing they can and will continue to chase payment. SB only prevents court enforcement, the debt still exists (if you are in England or Wales).

 

Yes the six years does apply to phone contracts.

 

You should also be telling them to prove this alleged payment by giving the exact date, how paid, how much, cheque details (if paid by cheque) or card details if paid by card.

 

Using violence will not get you anywhere apart from in court on an assault charge (or worse) and certainly is not something that will be condoned on CAG.

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No

 

Just spoke to them on the phone explained they can go an take a long walk

but it seems to fall on deaf ears with whoever making threats,

 

its kind of funny as like i say people are very brave on the phone,

i havent had a bank account that would make card or cheque payments for quite some time

and haven't had the privelege of a mobile phone to call them,

in fact i have only had my new number for 3 months

 

it just seems it suits these companies to use the law when it suits them but are cowards when it doesn't

 

you will have to accept my apologies I don't come across very well but am learning

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Hi

 

No probs.

 

This is the direct link to the SB letter

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred

 

If you can, send it by some trackable method so that you know that they get it.

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I have kind of been lurking and got the jist of what is in the letter

 

but have also explained most of it in the conversations to their teleoperator

 

seems to be a different language will they just give up after i have sent tis or carry on trying someway to intimidate me into pay

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If they carry on after you have written to them telling them that you will not be paying as it is SB, any further communication should be reported to the OFT and evidence kept as it would be tantamount to harassment.

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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Ok Ims21 thanks for your help

 

now just in case i wanted to go after their directors for something like being a moron and bending said rules legally as opposed to burying them somewhere unfindable

 

i have read a lot of this "we were unaware one of our employees were acting outside of our guidelines" blah blah and the court works on the grounds of the most reasonable explanation

surely someone would be able to put the two together based on the sheer numberof people this happens to and the directors of said operations would at least not be able to deny they know its going on?

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If you mean "go after" in the sense of a court action, I would forget it. You would be opening yourself up to a case that would, in my opinion, be nigh on impossible to win and then there is the question of the cost of such action and, indeed the costs to you should you lose.

 

It is unfortunate that the supposed regulators do not take stricter action against these companies but sadly that is the state of affairs we have at the moment.

 

The famous "get out" for companies like these is the "admin error" ploy.

 

This is why we suggest that people complain an complain to the appropriate authorities since that is the only way that regulators will come to know the scale of what is going on.

 

When people's cases are resolved, it is a sad situation that they do not log a complaint and seem happy that the situation is over and done with and they can get on with their lives.

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Read Here

 

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Yeah legally Im just more mad someone can just keep going and going at me pretty much indiscriminately using stuff im not clued up on

 

if i went and banged on bryan carters door every day demanding money i would be in court but thats more the stuff i am clued up on it would be over and done with far quicker

 

sorry but they dont really give you much info on joining the outside world after 8 years or problems and support workers wash their hands

 

thanks for your help though its very much appreciated

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Since defaults drop off your file after six years whether they are paid or not, then it would seem that these defaults have gone if indeed the accounts were actually defaulted.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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