Fredrickson International

[lemma1968]

I am a newbie so please forgive me if i am repeating what many of others have asked.

 

had a phone call at work today from Fredrickson Intl. I do not know what it is about but suspect its about an overdraft that was converted to loan some time ago and that I have been struggling to pay for a couple of years cos we emigrated and then came back and I had a baby etc......

 

I was not there so they left their name, contact name and 0870 number. My husband rang them back on the mobile. The person who rang was not available and the other person could not find me in their system.

 

I'm very worried cos I have a job that means I cannot go bankrupt etc. I can't pay it back straightaway and I am scared of what they may do.

 

Help and advice is what I need. The original loan was with NatWest.

 

Any ideas folks cos I do not think i shall be able to sleep tonight.

[rory32]

Send Fredrikson a CCA request. You can find one here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N.

 

The CCA request asks for a copy of the credit agreement that you would have originally signed with Nat West. Without this Fredrickson can not enforce the debt. It is highly likely that they won't have this document.

 

The CCA request also disputes the debt. While a debt is in dispute they can not lawfully pursue you for it.

 

Any questions just shout.

[lemma1968]

At the moment I have no reference number cos they just called me at work. They also do not have an address for me cos I emigrated although i work in the same place I did before I left. Do I put that work address on then cos that is where they have located me?

 

And do i say that I shall not discuss it over the phone?

 

Thanks by the way. I'm a quivering wreck.

[rory32]

First of all calm down DCA's have very little powers. They will lie and attempt to intimidate you into paying a debt that they often can not substantiate. NEVER speak to them on the phone INSIST that all communication is in writing. They can later deny what they have said over the phone.

 

Rather than send the CCA request you may initially wish to try a slightly different approach as in the letter below:

 

Your home address)

_________________

_________________

Date: ____________

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

 

You have contacted me/us regarding an account which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert debt collection agency's name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Print Your Name - do not sign)

You may also wish to attach this telephone harrassment letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[lemma1968]

I'm trying to be calm. I'm using deep breaths etc but still feel very icky.

 

Believe it or not I am involved in the legal profession but do not do this area of work at all and can deal marvellously with others problems but not my own.

 

I shall have to contact them to get the reference number though won't I? Otherwise they will not know to what I am referring. I cannot have them ringing work cos I will get into sooooooooo much trouble.

 

Cheers.

[elliesnan]

just send the above letter and let them sort out who you are and don;t panic its their problem

[rory32]

I shall have to contact them to get the reference number though won't I?

No. They didn't need one to contact you at work, they don't need one to respond to your correspondence. Remember it is up to them to prove the debt not for you to prove that you don't owe it.

 

I would put something in the harassment by telephone letter about never contacting you at work.

[lemma1968]

Just wondering, if its an overdraft that was converted to a loan ( can't remember signing an agreement though i think it was after a meeting with the bank manager) then does the cca stuff still apply? Do overdrafts have special rules?

 

Soz if they seem like daft questions.

[rory32]

The majority of overdrafts are covered by a cca (but not usually under sections 77/78). However, as it was converted to a loan ALL loans have to comply with The Consumer Credit Act. So the fact of whether it was originally covered or not is irrelevant.

 

Anyway as they say on South Park - they're no stupid questions, only stupid people

[lemma1968]

Anyway as they say on South Park - they're no stupid questions, only stupid people

 

:grin:

That is the first giggle I have had all day....still worried though.

[rory32]

Don't be. Once they receive your CCA request they will write back to you telling you that the account has been put on hold for 28 days while they investigate your request.

[lemma1968]

My husband rang them yesterday before I found this site, and he could not speak to the guy who rang but someone else did a search on their database and could not find me anywhere so I am a bit confused now.

 

Do I hold off writing to them cos I have no idea what it's about (only a suspicion) or what should I do?

 

I do not want to then to think I am evading them, i have already made that mistake once although not intentionally, but then again I do not want to put them on notice.

[rory32]

Really you need to get some sort of closure on this matter. If you don't you're leaving yourself open to future phone calls from them at work.

 

Personally I would write to them. They either need to prove the debt or p*ss off.

[lemma1968]

I like your way of thinking.

 

I shall write recorded delivery. It is awful having to look over your shoulder and I am the most honest person in the world with a conscience the size of the planet.

 

thanks again, you are a star;-)

[rory32]

No problem.....happy to be of help

[smashedbobo]

Hi chick, Hope your ok, you will get some really good support on here with fantastic advice. There is no need to be scared anymore. Just listen to the people here and follow advice to the letter. DO NOT RING THEM. You will find the letters you in need in the general section of the debt action section. go to the last sticky by barracud. The cca letter is letter N. Cant remember where the subject access request is. Also dont forget to put on your letter. I do not acknowledge this debt to your company. Send the CCA to DCA, and the Subject access request off to bank. Ask for info from the start date of the account. Bet you will have loads of charges on there. Even if its beyond 6 yrs. Some people have managed to claim that far back. xxxxxxxxxxxxxx

[lemma1968]

Thanks for that.

 

Still a tad anxious about it all....perhaps understandably.

 

I'm worried about the fact that overdrafts are exempt. Mine started as an overdraft then was changed to a loan as it was getting big!!!! I cannot for the life of me remember signing a loan agreement. I suspect they may find an agreement re the o/d from about 1993/94 but not one from when they moved it onto a loan account. I have all my bank statements up to the point they referred it to their inhouse debt recovery dept a few years ago. I then repaid large amounts of it for a few years, then defaulted and now its regarded as a delinquent account.

 

Now i think it may be this that has gone to Fredrickson.

 

Its so nice to see that there are people around who are prepared to help us all out. Thanks SmashedBobo and Rory.;-)

[rory32]

smashedbobo, please read the whole of the thread before posting. The DCA in question have yet to even identify the account.

[rory32]

With regards the overdraft this is irrelevant as it became a loan. However if you wish to know if your overdraft was covered by CCA1974 this should help.

 

From the Consumer Credit Act 1974:

 

Facts. The manager of the C Bank agrees orally with D (an individual) to open a current account in D’s name. Nothing is said about overdraft facilities. After maintaining the account in credit for some weeks, D draws a cheque in favour of E for an amount exceeding D’s credit balance by £20. E presents the cheque and the Bank pay it.

Analysis. In drawing the cheque D, by implication, requests the Bank to grant him an overdraft of £20 on its usual terms as to interest and other charges. In deciding to honour the cheque, the Bank by implication accept the offer. This constitutes a regulated small consumer credit agreement for unrestricted-use, fixed-sum credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) if covered by a determination under section 74(3).

 

Facts. F (an individual) has had a current account with the G Bank for many years. Although usually in credit, the account has been allowed by the Bank to become overdrawn from time to time. The maximum such overdraft has been is about £1,000. No explicit agreement has ever been made about overdraft facilities. Now, with a credit balance of £500, F draws a cheque for £1,300

 

Analysis. It might well be held that the agreement with F (express or implied) under which the Bank operate his account includes an implied term giving him the right to overdraft facilities up to say £1,000. If so, the agreement is a regulated consumer credit agreement for unrestricted-use, running-account credit. It is a debtor-creditor agreement, and falls within section 74(1)(b) if covered by a direction under section 74(3). It is also a multiple agreement, part of which (i.e. the part not dealing with the overdraft), as referred to in section 18(1)(a), falls within a category of agreement not mentioned in this Act.

 

Facts. Under an oral agreement made on 10th January, X (an individual) has an overdraft on his current account at the Y bank with a credit limit of £100. On 15th February, when his overdraft stands at £90, X draws a cheque for £25. It is the first time that X has exceeded his credit limit, and on 16th February the bank honours the cheque.

Analysis. The agreement of 10th January is a consumer credit agreement for running-account credit. The agreement of 15th-16th February varies the earlier agreement by adding a term allowing the credit limit to be exceeded merely temporarily. By section 82(2) the later agreement is deemed to revoke the earlier agreement and reproduce the combined effect of the two agreements. By section 82(4), Part V of this Act (except section 56) does not apply to the later agreement. By section 18(5), a term allowing a merely temporary excess over the credit limit is not to be treated as a separate agreement, or as providing fixed-sum credit. The whole of the £115 owed to the bank by X on 16th February is therefore running-account credit.

 

Facts. The G Bank grants H (an individual) an unlimited overdraft, with an increased rate of interest on so much of any debit balance as exceeds £2,000.

Analysis. Although the overdraft purports to be unlimited, the stipulation for increased interest above £2,000 brings the agreement within section 10(3)(b)(ii) and it is a consumer credit agreement.

 

 

Statute Law database

[lemma1968]

I have drafted a letter to them along the lines that I have tried contacting them to no avail. In future all their communications with me will have to be via written correspondence, and I reminded them of the OFT guidelines on phone calls and home/work visits etc. I also said they must infrom me in writing who they are and why they are contacting me as I have no idea....cos I don't i am only summising.

[smashedbobo]

Thank you rory for that, But as it happens i do know rather more about this. The poster is well known to me and i referred the poster to this site knowing she would get extra reassurance from folk not so close to the situation. It is difficult to take reassurance from people you are closest too. And yes the DCA does have to identify the account, not for poster to do there work for them.

[rory32]

Wasn't having a go smashedbobo. Just thought you were jumping the gun.

[lemma1968]

Lordy.

 

Mine was a current account with an agreed large overdraft to buy a car. Over the years they extended the o/d then it moved from small branch with nice manager to big city centre branch with jobsworth "we have just graduated and don't like you but want to make a good impression on the head office" account managers.

 

They once charged me nearly £700 one month in over limit charges sending me further into the red, then finally converted it to loan with enormous repayments that I could not keep up. I was actually relieved when they sent it to debt management.

 

But again, i am just assuming this is what it is about cos everything else is paid off in full.

 

I much prefer being a child than a grown up.....it's just poohey sometimes.

 

Thanks again chuck.

[lemma1968]

Goodness me, smashedbobo.....i know who you are now. Get off my thread you familial intruder!!!!!!! Haven;t you got a dog to walk?????

[smashedbobo]

Well thats very nice. How very dare you. Nip round and take him out for me. Right. Rory is giving good advice so take heed you big girls blouse. And stop panicking. You are among friends who can help you now.