Time's up! Dear Fredrickson Int, Thank you for your letter dated 7th November 2008, the contents of which have been noted. I am not satisfied that you are legally entitled to collect any monies from my brother for this account and it is an offence to pursue a debt after you have failed to prove legal ownership. I have not been advised by Capital One that you are now acting for them, having received no copy of the original Notice of Assignment from them. Consequently, even if I were in a position to settle this debt I would not be making a payment to your company. If it is your view that you are not the creditor the duty is upon you to pass this information to the creditor who has full authority from my brother for me to deal with this matter on his behalf. They have not apparently passed this on to you. In my letter of the 4th November 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account since commencement should have been sent to me detailing all debits and credits to the account. You are reminded that there is an obligation to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before the alleged debt enters into a default situation. On 25th November 2008 this account became unenforceable by law as the requested documents have not been forthcoming. As you are unable to comply fully and properly with this request you should pass the alleged debt back to Capital One and you should pass on to them the request and fee. The £1 postal order has not been returned. Please take notice that any further attempted collection activity by you will therefore be viewed as harassment and reported accordingly. Yours sincerely,

Well, we have had 2 replies from Freds. One asking the relative to give authority for me to handle his details for him (Cap One already have this) and saying my letter is enclosed (it wasn't) and the second on different headed paper saying that the account would be put on hold for 15 days while we ask Cap One for the information we require, giving a phone numbe! No return of postal order. I guess Freds don't have the CCA or statement of account of notice of assignment then. Freds is asking for the money to be paid to them so as far as I am concerned they have to provide the information to show they have the right to collect. If they haven't they should pass it back to Cap One. I'm sure they are in regular communication!

My relative owns no property. Even the washing machine is rented.There would be nothing belonging to him of any value. We are shielding him from these shenanigans as in his mental state he could end up with a breakdown and hospitalisation. All the correspondence comes to us. We may be legally obliged to disclose his address but if we can avoid it we will as any doorstepping would be disasterous.

Today received Letter Before Action in post, crossed mine asking for CCA. Amount asking for is projected to go up another £100 plus, just for an original balance of £595! Glad these mails coming to me rather than relative as he would flip.

Thnks to everyone. The DCA do have my address as I have authority to deal with this on my relative's behalf. The letter was addressed to him at my address. After reading all the inspiring threads on similar topics I am encouraged to go ahead in asking for a CCA. Not sure when the card was taken out but hopefully he will remember roughly. I doubt he is organised enough to have kept much paperwork. How on earth do people in this situation manage to get credit cards? Down right sneaky!

Briefly, I am acting on behalf of a relative, as agreed by him and notified to his creditors. He has been living on incapacity benefit for many years , being pronounced mentally unable to work. Somehow he managed to run several credit cards. We have managed to settle all but one of his debts on his behalf as he was suffering severe mental anguish, even though our household income has ceased due to redundancy. The other companies all settled for the same deal, about 60% (some of them with tough reputations). The final one, Capital One, would not not negotiate at all. After a gap of 7 months we now have a letter from Fredrickson International, who claim to have been instructed to collect the debt which has increased by about 15% in the last 18 months. My relative is in no position to pay this debt as he is continually living beyond his means and in need of extra financial support. We would like to deal with this to avoid undue anxiety to him. As he is unable to pay any regular amount, however small, what is our best way forward? Fortunately Capital One and Fredrickson International do not have his address or phone number, or I do not know what he would do. Do I start with asking for a CCA and copy of the Notice of Assignment? Even if we had the money, writing a cheque out to a DCA who may be fraudulent is not on.

Firstly please excuse me if this is a double post. I though I posted but couldn't find it on the site afterwards so have tried again. After three and a half years we have finally got to the stage of an FOS ruling on our subsidence claim. The whole thing was an epic battle. The final judgement was strangely vague, just stating the obvious fact that insured damage should be repaired, but ith no direction to RSA. We don't know what the Ombudsman has said to the insurer (RSA unfortunately, and loss adjuster Crawfords, again unfortunately) so feel they may try to interpret it differently. From examples in the FOS's own house journal we should come out of it OK but you see who we are dealing with. What can we do if RSA ignore the legally binding ruling or deliberately misinterpret it? WE certainly cannot afford to take these ******* to court. We feel they have been playing for time as the claimant, my mother, is now 93.

After over three and a half years we have finally got to the stage of a legally binding ruling by the Financial Ombusman Service. It is a bit vague but the whole family agrees that it is in our favour. We have not been informed what he has told our subsidence insurers (RSA) but are waiting for them to contact us re the next stage.The claim is on behalf of my 93 year old mother and sometimes we think they are playing for time! Does anyone have experience of this stage in the proceedings and what can we do if they ignore the ruling or interpret it in such a way that it comes out in their favour? Taking them to court is not an option.