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OK lemma v Fredrickson


lemma1968
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OK, I think I am now at round 1 stage with Fredrickson Intl.

 

As some of you will know they had been ringing me at work, and notwithdtanding a letter sent special delivery they continued to ring me at work. I really had little idea what they were about or wanted so told them to write to me.

 

They have done, second class (!) but i am such a coward and soooo scared of what it may say I darwe not open the bl**dy thing. it has been sitting in my briefcase since Monday!:o

 

Now I know things will get worse if I just leave it, i do not want to speak to them and osmosis will not work.

 

Blimey, you would have thought I would have grown a backbone after reading all these inspirational threads.

 

anyone else feel the same way?:(

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I don't but I have advised an awful lot of people in a similar position. I know you have probably picked this up from other threads but collection agencies such as these are not bailiffs. They cannot enforce a debt against you that they cannot prove you owe. If it turns out to be something you have no recollection of the below letter is a good one; if it's something you think may be over 6 years old ( and you haven't paid or acknowledged the debt in writing and there isn't a CCJ ) then it will probably be statute barred and you can't be pursued anyway.

 

Take a deep breath and open it and let us know the content so we can reassure you further...:)

 

(Your home address)

_________________

_________________

Date: ____________

To: ______________

__________________

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, 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 company 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

(Your signature)

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Eventually my hubby had to open the post for me and has told me it's content.

 

It was a very short letter asking me to ring them and giving me the account details they were contacting me for. Obviously i shall not be doing that as I had previously indicated that I would only communicate with them in writing.

 

However, I shall be CCA'ing them tomorrow and I shall take it from there.

 

Fingers crossed that they can't come up with the paperwork. Over the years I have paid them soooooooooo much I thought it had finished. I bet there is a truck load of charges etc. Will S.A.R them should they happen to come up with a fully binding and enforceable CCA.

 

One step at a time methinks.

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Is the debt the one you thought it was. SAR the original creditor anyway. JFDI. Dont forget to stick to your timetable not theirs. If they do not come up with a valid cca within the legal time frame then you report them. And use the backbone you have within your working life. Fight for you for once. A comment from somene at the weekend was have you put some certain people in their place recently. Well if you have done that, and they can be scary people, then you can take these on. xxxxxxxxxxxxxxxxxxxxxxxx

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The clock is now ticking.

 

I CCA's Fredrickson today - special delivery so will guarantee to arrive with them by 1pm on Monday but i suppose that the 12 working days will not commence until Wednesday.

 

So the dates will be:

 

12+2 = 26th July 2007.

 

Also CCA's MCS for my hubby so the dates will be the same for that, and SAR'd HSBC for him to see how things got sooooo inflated. As they have 40 days it willl take a bit longer!!!:razz:

 

But the ball is now rolling and I am feeling quite empowered as a result.

 

Fingers crossed.:)

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