Dont worry about Fredrickson, they are a not as bad as they try to act. I had them back off with a cca request and then a default letter to their head office. They passed my account back to original creditor and i've not heard from them since. You've not posted for a while, would be interested to know what is happening with this thread lemma.

Good on you. Keep strong and dont let the barstewards at Vile-collections get you down. After years of being terrified to open my mail, its so wonderful to view these threats etc as a total joke, now thanks to the CAG I feel like a weight has been lifted off my shoulders. Knowledge certainly is power !!! Personally didnt find trading standards very helpful, hope they are able to help you. Good luck. Annie

Thank you Stadium. I am rather pleased, have decided not to pursue the removal of default, will just wait till it drops off in a few years time. I will however be letting the informaton commissioner know about them passing my info around while account was on hold. Dont know if it will do any good though but will certainly make me feel better. has anybody got a template of what to say to the IC, i'm gonna play on my depression and how the threatening letters affected me etc, any other ideas ? Will keep hold of all the docs, as i will not be suprised if this debt raises its ugly head again some time in the future. Anybody have experience of these debts resurfacing ??

Hiya guys, just to let you know, there is a light at the end of the tunnel. I've just had a large cataloque bill wiped off with GCC. Just hang on in there. See my thread Annie vs kays/phoenix/fredrickson. CCA Fredrickson and they will (eventually) pass you back to Kays (you will get several threatening letters, just ignore them), recommend you cca kays if you havent allready (they are now trading as Shop Direct Financial Services, Thynne Stret, Bolton. BL78 1BG). They wont have the cca and will eventually 'make a commercial decision not to pursue the debt'. (took them about 6 months from date of cca to final letter). Good luck. If you need any templates of the letters i sent, just ask. Best regards Annie

Well it aint over till the fat lady sings, and I aint singing. I still want to get the default removed off my file but from reading other threads this is very difficult to do, i'm not willing to go to court over it though, what do you guys suggest ? I also want to make sure they dont pass my details on again and get them punished for doing so previously. I've printed out forms from the information commissioners website, any help with filling these in will be appreciated.

Hiya all, received a letter from Kays this morning : I believe that we hve complied with the requirements of sefction 77/78 of the consumer credit act 1974. You are certainly indebted to this company but it is noted that you are denying signing the regulated agreement, notwithstanding that you represented by your actions that you required credit. With regard to your comments concerning your credit reference file, the entry recorded is an indicator of how you conducted the account. the account is recorded as 'defaulted' as payments were not received in accordance with our terms and conditions of trading. the absence of a signed agreement does not mean the debt does not exist, merely that is cannot be enforced. We are a member of Credit Account Information Services which is a database administered byh Experian Limited to which lenders, contribute account information. We also advise customers within the pages of the catalaloque that we register information about them and the conduct of their account with licensed credit agencies, of which Experian is one. This rubric forms part of our terms of trading and by trading with us, you have deemed to agree those terms. With reluctance we have made a commercial decision not to pursue the matter. Guess they are not gonna get my default removed then ! Should i start fighting to get this done ? Any templates available ? Thank you all for your help. Annie

Congratulations, what a great result.

So am i right in thinking that if 'acquired' means 'bought'; 'assigned' means 'collecting on behalf of somebody else'. Good luck with this M.willows, I watch with interest.

Thank you so much rory, i'd been worrying myelf sick. So, basically, it changes nothing !! They still cant enforce the debt in a court of law. I'll just sit and wait if anybody contacts me then and if they do, i'll get straight back on here for more advice. Thank you for putting my mind at rest and helping me through this problem. Best regards Annie

Sorry to bump this, but i really need some help !!

Got this reply off trading standards : Thank you for replying with the information. In light of the information supplied, it appears that in receiving credit and you not signing a regulated credit agreement, then the contract for the Credit would be improperly executed for the purposes of Section 55(2) of the Consumer Credit Act 1974 and therefore unenforceable against the debtor in the absence of a Court Order. Further to this, if the agreement is unenforceable, it would be best for you to contact the CAB who have people who specialise in this area and are able to deal with this aspect of your case on your behalf with SDFS (trading as Kays). I have looked at the contact details for the xxxxxxx CAB and they can be contacted in various ways (which includes e-mail) via the details on the following link: Bureau details In relation to the Criminal Offence, I have discussed the issue with an Officer who has advised that in these circumstances, if there is no signed agreement, then Section 78 of the Consumer Credit Act 1974 would not apply and if so, there would be no offence that we could look into as this Section only applies to Regulated Agreements that have been properly executed. Therefore, we would not be able to look into this aspect unless a credit agreement has been singed by yourself and properly executed. In light of your comments in relation to the selling of your debt to Phoenix (Frederickson) I am aware that companies can and do sell debts they are trying to recover on to other companies. But, I am not aware whether there is a duty for any notice of this to be passed on to you before this takes place. The Information Commissioner would be best placed to advise on this issue as they regulate issues regarding Personal Data and surrounding issues. In order to clarify this or report an issue that they may be able to look into, it would be best to contact them. Not particularly helpful, I'm now really confused, what position does this leave me in now, legally or otherwise, does this mean that i would lose if the matter went to court ? what do i do now ?? Please help.

cerber, so glad you are on top of this and aware of your rights, sock it to them and make them squirm. ashmk, what a brilliant idea might try that one myself.

I sit back and wait in anticipation for some other DCA to contact me about the debt ! That really would give the information commissioner something else to look into wouldnt it (I have all the IC forms printed out, just havent filled them in yet, will hold off till TS have finished their involvement). The chap dealing with my case is on holiday so i wont have anything further to report till this time next week, watch this space. I feel so empowered, thank you so much to you all.

Thank you Rory and Pecky1, as they say 'honesty is allways the best policy'. Will tell Trading Standards the truth, I do not recall signing an agreement, but it was a while ago and i could be mistaken. I guess we have allready established they dont have a cca, so i'm probably right. --- I thought i wouldve heard from phoenix or kays by now, being as Fredrickson are no longer in the picture, no news is good news hey ! Should i just sit back and let time tick away or contact them myself ? I wonder at what stage Trading Standards would notify them that they are looking into the matter.

But if i didnt sign one, how can i expect them to supply it ? They cant be found guilty of not providing an item they didnt have can they ? Guess i'm losing my nerve a bit here. I think too much and am a born worrier. which would be worse for kays, being done for not supply a cca or being done for not having one signed in the first place ?