lufc v fred (capital 1 ) (bryan carter) claim form HELP

[mrmarmite]

I have had the same letters as you from Fredrickson and as you are on benefits (it's not guaranteed) but it's highly unlikely they are going to take you to Court. They know the Judge will look at your income and they will get a £1 a month at best. They want to badger you and scare you into paying more than that.

Also if they are (or soon going to be) in default of a CCA request then that only adds to your position and in the event they are actually stupid enough to waste their cash taking you to Court then you will get plenty of help here from people more knowledgeable than me on the Court process to defend your position with ease. As stated above, even if it gets that far, they are probably going to drop any case before it actually got to Court as they know you have no extra cash!

Don't worry, stick with what you are doing. Send the CCA. Don't sign anything. Don't call them.

also if they haven't acted properly in respect the CCA compliance and/or OFT debt Collection Guidance send a complaint to Trading Standards and ask them to investigate and if you don't hear anything back from them keep badgering TS until they do look at your complaint!

 

totaly agreement, give Davey77 a gold star

[mrmarmite]

Was this a Credit Card ? And if so are there any charges or fees you could claim back?

 

good question, AS it has been passed to a DCA there WILL be some charges, do you know what the total amount of charges are?

 

this brings us back to the CCA, without it they cant legally chare you charges or interest!

[mrmarmite]

letter from fredrickson 13/3/2008

 

dear mr .. you have failed to make a acceptable repayment proposal on

 

this account..

 

it is not in your intrest to ignor this letter THE DEBT WILL NOT GO AWAY.. contact us now on the phone number above with your proposal for settlement....

1(will not be contacting them )

2(they are in breach of a( c. c.a request ...pluss they took my quid to off set the debt )

3(they have letters of offer pluss token payments )

 

4 SO DO THIS MEEN THEY HAVE BACKED DOWN WITH COURT ACTION

 

if you have sent the CCA then ignore this letter. if they keep sending you threat letters once you have requested the CCA that at this point you can turn it around, YOU threaten THEM with court action for NOT supplying the CCA and mention that you intend to collect a minimum of £250 compensation for their harassment,

 

THEN they will back off

[mrmarmite]

sorry for multiple posts, it's easier to quote every post seperatly so no wires gets crossed and SHOULD give you a better understanding,

 

ok, i've poked me nose in and put you on the right path so i'll go away now, well till next thurs anyway

night night I'LL BE BACK in just over a week, I need a holiday

[lufc]

as said before send the CCA request, i been here already with this lot and crap1, 9 months ago, not heard a peep since

 

 

 

 

 

 

 

 

 

already sent cca no reply

[pugsley]

has anyone found an address for fredrickson internation that isn't the po box 260 weybridge surrey one?

I just went on companies house and found this one

Name & Registered Office:

FREDRICKSON INTERNATIONAL LIMITED

FIFTH FLOOR

7-10 CHANDOS STREET

LONDON

W1G 9DQ

Company No. 02679522

 

is it the same company as I want to send it recorded and a po box isn't much use

 

 

[ScarletPimpernel]

Their registered office address (which is legally the address for service of papers), together with their registration number and the place of registration must, by law, be shown on all their stationery.

 

If it isn't, you can complain to Companies House.

[pugsley]

thanks that is the same , I have decided to send it to bryan carter solicitors which is the most recent letter I have recieved and apparently they are all in the same building and connected anyway

 

Bryan Carter

De Havilland Drive

Weybridge

Surrey

KT13 0NT

 

I would be a good (idea if not already done to have a thread with the all the DCA's addresses (without the PO box parts) as I seem to spend longer trying to track down correct addresses than actually writing the letters.

[mrmarmite]

typical, i mention crap1 name and they appear, apparently my card been sold to lowell's

 

PLAY TIME

[excel1]

Oh we do love Lowells on here!:grin: :grin:

[lufc]

hi got this today from

The Office of Fair Trading

 

Consumer Credit Act 1('The 974 Act')

Complaint Against: Fredrickson International Limited

Licence No: 340617

Thank you for your email received on 13 February 2008, regarding the problems you have been experiencing with above trader. I sincerely apologise for the delay in responding.

 

We are always interested to receive complaints such as yours as they are a vital source of information in helping us to investigate the behaviour of traders that hold consumer credit licences. The above trader you complained about does hold a consumer credit licence.

[PriorityOne]

They may have a licence, but they have no CCA. Did you send the request by rec. delivery ? If so, just wait and see what rubbish Fredrickson send you.... and take it from there.

 

[lufc]

hi all

since october 2005 to sept 2007 ive been trying to pay this debt off to capital 1 debt, from oct 2005 to sept 2007 i was with a debt managment program they was paying capital 1 but the balance as never come down which shocked me as we are on state benfits and capital 1 wouldnt acknowledge my financial situation ... ive been sending token payments £1 plus income & expanditure statements ..

my credit limit was £200

 

last 2 yrs ive paid £60

outstanding ballance £377.10 p

this debt as doubled to £437.1 p

plus a default on credit file

as there is over £200 in charges this debt should be wiped out and default removed....and i will FIGHT this in county court as capital 1 breach ( oft trading debt guideline on fair collections and i believe

under the Unfair Terms in Consumer Contracts Regulations (1999) all penalty charges have to truly reflect the cost of administering them. and i want to challange them in county court

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxx

letter receved from capital 1 25 april 2008

Capital 0ne

 

25 April 2008

Dear Miss

Capital One Bank - Account Number:

Outstanding balance: f377.10

I am writing to advise you that Capital One are currently dealing with your account.

It is important that you continue to make payments to your account.

Payments should be made directly to Capital One unless otherwise notified.

If we cannot reach an arrangement with you, your account may be transferred to another Debt Collection Agency.

You have two payment options for clearing this debt. It is important that you take one of these steps today.

1. You can pay the full debt.

2. You can call our specialist account managers to discuss an alternative solution.

You can make your payment using the methods listed below. It takes approximately five working days (Monday to Friday) for your payment to reach your account.

- To pay by debit card, telephone us on 080 422 0475.

- To pay by standing order, telephone or internet banking, make your payment to the account below.

-

Sort code: Account number: Reference Number: Your Capital One account number

- To pay by cheque, please make it payable to Capital One Bank and quote your credit card number and your postcode on the back. Fill out a payment slip and send it with your cheque to the following address:

-

Capital One Bank PO Box 1000 Camberley GU15 3ZQ

 

- To pay over the counter at a bank, fill in a payment slip and hand it over with your cash or a cheque. Please remember to ask for a receipt.

-

Please send all future correspondence to:

Capital One Bank PO Box 5282 Nottingham NG2 3YH

If you'd like to talk to one of our Specialist Account Managers, please call us on our freephone number, 0800 422 0475. We're here 9am-7pm Monday to Friday, and 9am-1 pm Saturday and Sunday.

Yours sincerely,

Graham Robinson Director of Recoveries

 

 

 

Authorised and regulated by the Financial Services Authority. OO A registered

mark of Capital One

Capital One Bank (Europe) plc: Registered Office 350 Euston Road London NW1 3JJRegistered in England and Wales Company Number 3879023. VAT Registration Number 690 6861 01

[ukaviator]

Hello Lufc

 

Time to claim back the charges they have added to the account. If you send off an S.A.R. (Subject Access Request) to get all of the data they hold on you, you can then add up the charges and claim them back. You can claim back late payment fees, overlimit fees etc.

 

There is a link here to help you on your way:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Credit Card claims are not on hold with the courts, although there have been a couple of cases held due to court errors.

[lufc]

is this ok as i never put account in dispute advise before i send it went post office to pay £1 token it was rejected the lady at post office stated it will only acept £100

 

 

 

 

FREDRICKSON INTERNATIONAL LIMITED

FIFTH FLOOR

7-10 CHANDOS STREET

LONDON

W1G 9DQ

 

25 / 5 / 2008

 

 

Dear Sirs

 

ACCOUNT IN DISPUTE

 

 

ACCOUNT NUMBER: xxxxxxxxxx ( ref / xxxxxxxxxxx)

 

Thank you for your recent correspondence the contents of which are duly noted.

 

This account is now formally and officially in dispute.

 

As you are aware I cannot afford anything other than the £1 token payment as you have received my financial statement and as we are solely dependant on state benefits cannot afford anything else. While I was with Byron & Keeley in Oct 2005 till September 2007 and capital 1 were receiving payments from them. Then FREDRICKSON INTERNATIONAL LIMITED took over to collect, I expected the money I allegedly owed to come down, but you again levied yet more unlawful penalty charges to the account.

 

The Social Security Act 1992 states that banks cannot take charges from benefits a person needs to live on. I have been on disability benefits since xxxxxxxx.AS IM UNDER THE MENTAL HEALTH ACT MY SITUATION IS NOT GOING TO INPROVE and is getting worse day by day.

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully levied to my account. You will receive my request for this under separate cover at my earliest convenience.

 

I need to make you fully aware that I am disputing the alleged outstanding balance and, as such, you must refrain from any further action until this dispute is fully resolved to my satisfaction. Consequentially any legal action you now pursue will be averred as both unlawful and vexatious.

 

Take notice that I have reported this matter to the relevant regulatory authorities for investigation. Complaint in with I.C.O O.F.T I believe these to be Unfair Terms in Consumer Contracts Regulations of 1999.

Consumer Credit Act 1('The 974 Act')

Complaint Against: Fredrickson International Limited

Licence No: 340617

 

 

 

Therefore please take note:

 

You/your “client” may not add any further interest or charges to the account.

 

You/your “client” may not pass the account to any third party.

 

You/your “client” may not register any information in respect of the account with any of the credit reference agencies.

 

You/your “client” may not issue a default notice relating to the account as this would be added with and inaccurate balance showing and I would be seeking damages for you adding detrimental and inaccurate information onto my credit files.

 

If you do not stop this action and proceed by continually levying yet more charges and making adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Please also be advised that in future, I will only communicate with you in the written medium, which means that I will not discuss this account over the phone.

 

I trust this clarifies my position.

 

 

 

Yours faithfully

Edited May 26, 2008 by lufc

[PriorityOne]

Lufc, if you haven't sent them a CCA request, then the account won't be "in dispute" legally. You can dispute a balance and you can dispute charges, but unless the CCA has gone off, the account won't be "in dispute"

 

What do you mean that the lady at the post office rejected the £1 ? The £1 goes in with the CCA request as a postal order.... you needed to buy a £1 postal order, not give them a £1. That's my understanding of what you've tried to do here.

 

Please can you let us know what you tried to do ?.... to avoid any confusion.

[lufc]

i was still paying my token payment of £1........ fredrickson sent a payment card to me to use last month it accepted the token payment ...but this month it never accepted it the laddy at post office said the card will only accepted £10 or £100 on the account

[lufc]

letter 4 june

 

 

you failed to honour your arrangment to repay this debt and your account is now in arreas

 

 

 

unless payment is received within the next 5 days the arrangment will automaticlly terminate account will be passed to our soliciters bryan carter & co who will be instructed to commence proceedings in the county court with out further notice

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

never had a arrangement with ...as they failed to acept £1 token payment as a resonable offer

[havinastella]

LUFC

 

Simple question.

 

HAVE you sent off the CCA letter with the £1 postal order?

[havinastella]

this one

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

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

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We 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.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other ________________

[lufc]

as ive over 15 crediters after me im getting confused im sure i sent it to capital 1 befor fredrickson got invled

[havinastella]

you need to start to keep a track of every debt you are contesting. The amount of paperwork will soon overtake you if you don't.

 

If you are unsure, I would sent that letter off to Fredricksons ASAP, with the £1 postal order. DO NOT SIGN THE LETTER.

 

You cannot just quote that the account is in dispute because you dispute it.

 

You really do need to follow the advise on the forums as this will show the proper paper trail.

 

Sorry If I sound like I'm your mum scolding you

 

 

SEND it RECORDED DELIVERY:p

 

 

Jogs

[lufc]

advise taken on board i need to keep track ill send cca of today 7 june ..and send dispute letter of aswell is that ok

[havinastella]

LUFC, the account in dispute letter you have posted up WILL NOT help you as you can't confirm that you have sent the DCA the CCA letter.

 

As PriorityOne and myself have stated, UNLESS you make it official, everything else is "your" opinion.

 

Send the CCA letter in the morning, send it Recorded Delivery and enclose the £1 postal order.

 

 

I would also take a jolly to Tesco/Staples etc and buy yourself some box files or expanding files. I have 11 cases on the go and find I do more work at home now than I do at work trying to keep up with my paperwork.

 

 

Make sure you send that CCA request.

 

Night

 

JOgs

 

 

*FORGET the account in dispute letter for now*

[PriorityOne]

Have to echo the advice of Stella, lufc.... if there's any doubt at all that a CCA request went off, then re-send it to Fredrickson immediately and keep the receipt. Forget the "in dispute" letter as well, as already advised.

 

File all your correspondence in a file marked "Fredrickson".... and whoever else is involved.