Court Summons from Fredrickson International

[david1968]

Please help.

 

I have today recieved a court summons from Fredrickson International for a debt to Egg for £6390.

 

They had been chasing for some time, however I'm sure I sent them a CAR last year.

 

Can anyone help with what I should do next.

 

Thank you.

[LAN01]

did you send a CCA or SAR and did you send it recorded? It is a complete defence for any court claim issued.

 

Someone else will come along to help you one this who has a better knowledge of the process than me.

 

Good luck

 

Lan

[dencha]

Send a CCA request immediately enclosing the £1.00 statutory fee.

 

If they do not have a CCA or it has been filled out incorrectly then they do not have a case against you.

 

The statutory time limit for them to supply the CCA is a maximum of 14 working days, after which time they will have defaulted and can only be enforceable through a court, but only if they come up with the correct documents.

[dencha]

You can use this letter, just replace the bits you need. Send Special Delivery and it will be guaranteed to arrive, which recorded delivery is not

 

CCA request sent to Lowell Financial enclosing £1.00

 

Sent Special Delivery Next Day as has extra benifit of recieving name and signature scan available on the web.

 

 

 

 

 

 

10April 2007

 

Reference: XXXXXXXX

 

CONFIDENTIAL

 

Lowell Financial

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Dear Lowell Financial,

 

Subject: Barclaycard

 

Consumer Credit Act 1974

 

I do not acknowledge ANY debt to your company. I require you to supply the

following documentation before I will correspond further on this matter.

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act. Cheque No. 100679 should be used only for the purpose of complying with my request and should not be used to credit the alleged account.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

Yours Sincerely

 

 

 

XXXXXXXXXXXXX

 

 

Last edited by dencha : 11th April 2007 at 17:19. Reason: Add letter to Lowell

[NitrousOxide]

Hi,

I would advise sending a PM to Laiste.

If this goes to court it won't be small claims.

[NitrousOxide]

Hi,

I would advise sending a PM to Laiste.

If this goes to court it won't be small claims.

Sorry forgot to ask,

What court does it say it's from? And it would really help is if you type up what it says on the claim form.

[david1968]

Hi,

I would advise sending a PM to Laiste.

If this goes to court it won't be small claims.

 

Not sure what you mean by pm Laiste??

 

Thanks

[david1968]

Sorry forgot to ask,

What court does it say it's from? And it would really help is if you type up what it says on the claim form.

 

Its from Northampton County Court.

 

Claimant is Cyclone Asset Management

 

Address for Documents and Payments is Bryan Carter & Co Solicitors (thats who I sent the CCA to in Oct 06 with no response)

 

Particulars of claim are as follows,

 

THE CLAIMANTS CLAIM IS FOR THE BALANCE DUE UNDER AN AGREEMENT WHICH IS NOW ALL DUE AND PAYABLE

 

THE DEFENDANT AGREED TO PAY MONTHLY INSTALMENTS UNDER ACCOUNT NUMBER ******* BUT HAS FAILED TO DO SO

 

AND THE CLAIMANT CLAIMS THE SUM OF £6390.83

 

THE CLAIMANT ALSO CLAIMS INTEREST THEREON PURSUANT TO S.69 COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8% PER ANNUM AMOUNTING TO £388.00

 

SIGNED BRYAN CARTER

CLAIMANTS SOLICITOR

 

AMOUNT CLAIMED £6778.83

COURT FEE £240.00

SOLICITOR'S COSTS £100.00

 

TOTAL 7118.83

 

 

I hope this is enough but let me know if you want anymore info, thanks

[david1968]

Send a CCA request immediately enclosing the £1.00 statutory fee.

 

If they do not have a CCA or it has been filled out incorrectly then they do not have a case against you.

 

The statutory time limit for them to supply the CCA is a maximum of 14 working days, after which time they will have defaulted and can only be enforceable through a court, but only if they come up with the correct documents.

 

 

Should I send another CCA and if so who to, the summons only mentions CYCLONE and BRYAN CARTER not FREDRICKSON.

 

The CCA I sent in Oct 06 was to BRYAN CARTER, I think it went standard post.

 

Thanks for all your help so far.

[tomterm8]

I am no longer welcome on CAG

[david1968]

Thanks Tomterm8

[Laiste]

Hi David,

 

I received PM's from you and Tomterm8 earlier today, as I understand you have been issued with a Court claim. First of all don't panic, you are at the very start of this situation and just because a claim has been issued against you, doesn't mean there is a debt that is enforceable!

 

When the Court issues a claim, they allow 5 days before they deem you have received it. You then have 14 days to file (submit) what is known as an Acknowledgement of Service,(AoS) which essentially is you saying you have received the claim and acknowledge the fact. You can at that stage also, admit the debt, which in my opinion you shouldn't, under any circumstances. You can also file a defence & counter-claim at that stage also, but given that you will not have all the info you need at your disposal to do this, it is unwise to do this. By simply filing the AoS which can be done online, in 2mins, you are given a further 14 days to file your defence & c/c. So you have plenty of time and need not worry. You don't need to file the Aos straight away either, I generally advise doing it a day or so before the deadline, so long as you have dates correct. If you are unsure, simply give the Crt a ring, the number is on the front right hand side of the claim in really small writing. Quote your claim number and ask when the Aos needs to be filed and when the def & c/c (assuming you take the extra 14 days) needs to be filed by.

 

I would not advise using the CCA request template detailed above. I know the person who posted it is only trying to help and I am not criticising that for a moment. The problem is the wording is incorrect and really it needs to be re-written, if people are going to use CCA templates. I will draft a CCA request for you to send next wk. I am extremely busy at the moment with Court paperwork deadlines and there are other people here that are awaiting responses from me, but I will post back as soon as I can.

 

There is a tendency if you are unfamiliar with Court procedures, to go into freefall panic if you are not doing things in relation to the case immediately and constantly, which is unnecessary. I am making this point now so that you don't get unduly concerned by the whole process. You have lots of time and by sending the CCA request next wk along with a letter requesting other info (a SAR isn't necessary once proceedings are underway) you will be moving in the right direction.

 

I hope my advice offers some reassurance. I may be around off and on tonight if you have any issues.

 

Regards,

 

Laiste.

[david1968]

Dear Laiste

 

Thank you so much for the advice so far, I cant tell you how much of a relief it has been to me.

 

I will submit the AoS just before the 5 days are up before sending the CCA when you have had chance to draft it.

 

Once again thank you for the hope you have given me and thanks to the others who have taken the time to respond.

 

 

Kind regards,

David:)

[dencha]

Laiste, David

 

The CCA request is basically the one from the template library. If the wording is incorrect, then the template should be replaced once Laiste has run the rule over it.

 

dencha

[NitrousOxide]

Hi,

The infamously litigous Bryan Carter and co. I can see a pattern emerging from this company.

The particulars of claim seem well, a bit thin to me.

It would really help as well if you could give some background on the loan as well. Start from the beginning up until this point, it will aid in your help.

[Laiste]

Hi David,

 

Many thanks for the reputation clicks and comments. I am glad you are feeling a little easier about things now, I do understand how worrying it must be if you are not familiar with the law and the legal process.

 

I think I may have confused things a bit regarding the AoS. You have approximately 19 days to file it, but you really do need to ring the Crt to find out exactly when it needs to be filed by, so as not to fall foul of the submission date, which demands strict compliance.

 

Is the amount being claimed a loan? It would help greatly if you flesh out the situation for me. Particularly how long you have been experiencing difficulties, what arrangement, if any you came to with Egg, if you were harassed by phone/letter by Egg or a debt collection agency (DCA), if you have you received a default notice, whether or not insurance was included. As much info as you can provide will be of great help.

 

If the CCA was originally sent to Bryan Carter and Co by normal post then they will deny ever receiving it, so we'll have to forget about that request. Just a point to note, all letters have to be sent by guaranteed next day delivery, recorded isn't sufficient as it's not a guaranteed service. You have to have proof of everything you send. Bryan Carter solicitors are a disgraceful company, but they don't like it when people stand up to them, neither do they seem to know much about the law, which will work to your advantage!

 

Have you retained all letters from Egg/Bryan Carter etc..since you started having problems?

 

Regards,

 

Laiste.

[david1968]

Hi Guys

 

I will try to give you as much background information as I can.

 

The debt is for a Loan to Egg.

 

I found myself getting into financial problems back in Jan 2002 and kept borrowing more and more money but I was managing to keep payments going to all my creditors by Feb 2003 things started to come to a head, my wife was not aware of the extent of our debts but I came clean with her. We then contacted the CCCS who made a payment plan with all of our creditors. By Aug 2003 our marrage had broken down because of the debts and I left my wife and 2 children in Sept 2003.

 

This is the time things go a bit vauge as I was suffering from depression and taking medication. I started ignoring the debts and stopped making the payments to the CCCS, most of the debts were in my name and I moved around various rented houses, slowly the banks and card companies passed my details to DCA's and at first they were chasing hard but as a moved around alot of the DCA's stopped chasing.

 

Letters from the DCA's only go now to the family home where my wife still lives but these are few now. The two that are causing me trouble are the one on this thread and one to Hampton's/Lowells on discussed on the following thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/76903-panicing-worried-sick-new-post.html

 

Its worth looking at this thread as it gives more info on my situation.

 

I'm not sure if a default was ever issued, I was harassed by phone/letter by Egg and the DCA and for the debt alone I have been chased by Egg then FTC, Clyclone Asset Management, Fredrickson and Bryan Carter.

 

No insurance was included in the loan. I have some letters from the DCA's and will check over the weekend to see if any letters are still at the family home from Egg.

 

I hope this helps and thanks again for all your kind help.

 

Have a great Bank holiday weekend.

 

David

[david1968]

Just to let you know I received a letter from Bryan Carter advising me they are issuing a court summons and I would hear from the court in a few days. I dont suppose this means much but I thought I had better post this info just in case.

 

Thanks

David

[dencha]

Did you send the CCA request.

 

dencha

[david1968]

Hi David,

 

 

I would not advise using the CCA request template detailed above. I know the person who posted it is only trying to help and I am not criticising that for a moment. The problem is the wording is incorrect and really it needs to be re-written, if people are going to use CCA templates. I will draft a CCA request for you to send next wk. I am extremely busy at the moment with Court paperwork deadlines and there are other people here that are awaiting responses from me, but I will post back as soon as I can.

 

There is a tendency if you are unfamiliar with Court procedures, to go into freefall panic if you are not doing things in relation to the case immediately and constantly, which is unnecessary. I am making this point now so that you don't get unduly concerned by the whole process. You have lots of time and by sending the CCA request next wk along with a letter requesting other info (a S.A.R - (Subject Access Request) isn't necessary once proceedings are underway) you will be moving in the right direction.

 

I hope my advice offers some reassurance. I may be around off and on tonight if you have any issues.

 

Regards,

 

Laiste.

 

Not yet, just waiting for Laiste to post the CCA for me to use when he's had chance.

 

Thanks

David

[KJD]

Not yet, just waiting for Laiste to post the CCA for me to use when he's had chance.

 

Thanks

David

 

(She)

[dencha]

That is the one I meant, interested in seeing the re-worded request myself.

 

dencha

[david1968]

(She)

 

Opps sorry, I'm not normally so sexist......sorry Laiste if you see this.

[Laiste]

Hi David,

 

Sorry for the delay, too much going on at the moment! Why do people seem to think I'm a bloke...? It must be my masculine typing! I'll let you off this time!

 

This CCA request is brief and to the point. I think it is a big mistake when making such requests to inform the creditor or their agent how long they have to comply and the consequences of non-compliance, why do their job for them? They should know the law and it is not our job to give them a heads up or help them avoid sanctions for failing to supply the documents! Another point to note, NEVER send payment of the £1.00 fee by cheque always send it by postal order. Also, the request must be sent by guaranteed delivery, not recorded, which is not a guaranteed service. keep a copy of the letter sent, keep the postal order receipt and keep the guaranteed delivery slip all in a safe place as proof, which you will need as the case progresses.

 

I am not trying to teach you to suck eggs David with the following comments, it's just better that I make the points, than something come up later which a lawyer might pick over and find fault with! When you type up your address at the top left hand side of the page, give your full address and postcode. Also, underneath the date, put both the a/c number for the loan and the claim number of the case as well, so that the matter can be identified by one number or the other.

 

Here it is!

 

Address

 

Date

 

Claim Number:

Account Number:

 

 

Dear Sir/Madam,

 

I do not acknowledge that there is any debt owed to your clients Cyclone Asset Management.

 

I will not enter into any discussion or correspondence with your company unless you provide the following documentation; a true copy of the original signed executed agreement in respect of the alleged account and debt you refer to. I am entitled to a copy under Section 77(1)fixed sum credit, of The Consumer Credit Act 1974. I am also entitled to a statement of the alleged account. I enclose the statutory fee of £1.00 to cover the cost of this request.

 

You may send this information to my home address, where previous correspondence has been sent. As this matter is the subject of legal proceedings, I require the documents requested within seven days of receipt of this letter, or the Court will be informed that your clients are attempting to frustrate these proceedings by not furnishing information that I am entitled to. Furthermore, an Order will be sought from the Court compelling your client's compliance.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

There you have it, I hope it's okay for you! Have you telephoned the Crt to find out when the AoS and Defence and c/c have to be filed? It would be useful for me to know the dates.

 

Regards,

 

Laiste.

 

 

 

 

 

 

 

 

I look forward to hearing from you.

Yours faithfully,

[KJD]

.As this matter is the subject of legal proceedings, I require the documents requested within seven days of receipt of this letter, or the Court will be informed that your clients are attempting to frustrate these proceedings by not furnishing information that I am entitled to. Furthermore, an Order will be sought from the Court compelling your client's compliance.

 

Great stuff, Laiste, as usual

 

Would you then recommend that if one was to send a CCA request to a DCA where they are still just 'chasing' the debt, ie not at a court stage, that the above section should just be omitted? Or should some other sentence be inserted?

 

Sorry, can't 'click' you at the moment - got to share it around a bit more

 

PS Have you managed to find time to buy that massive CCA tome you mentioned a while back?