brian carter and co solicitors.fredricksons.

[gregzie]

can any one help!

 

just recieved a letter from brian carter and co which says,

 

we are instructed in relation to recovery of this debt.

 

payment must be made in full within sevan days failing which we have instructions to issue proceedings for recovery without further notice.shoud proceedings be issued,additional charges will be added to the existing balance as shown below.

 

 

If u dispute liability for this debt please state your resons in writing and supply us with documents in support of your defence to any claim.if u fail to notify us of any potential dispute prior to issue of proceedings and you subsequently file a defence to any claim we reserve the right to show this letter to the desrict judge or sheriff and request an order tat you pay the costs of the action.

 

to prevent further action being taken please telephone fredrickson internional within the next 7 days with your payment proposals.

 

I have never spoke to them or replied to any of there letters.my girlfreind has rang them today to say i no longer live here, was this the right thing to do?the debt is over 5 years old and i was hoping i was going to make the 6 year mark. can anyone please help me.

 

thankyou

Edited September 22, 2009 by gregzie

[PGH7447]

what is the debt in relation to?

 

if it is a credit card or loan then the first step is to send a cca request.

 

You say you the debt is over 5 years old, when was the last time you made a payment or written acknowledgment

[postggj]

Freds As Usual Going For Mr Carter To Enforce

 

Still Usuing The Old

 

Show Us Your Defence Before We Issue An N1 Routine

 

Proove It Letter Me Thinks To Start With

[postggj]

They Have To Proove You Owe The Debt

 

Not You Having To Proove You Dont

 

Cretin

[gregzie]

what is the debt in relation to?

 

if it is a credit card or loan then the first step is to send a cca request.

 

You say you the debt is over 5 years old, when was the last time you made a payment or written acknowledgment

 

 

 

i have never acknowleded it i have just ignored them but now they have found me at my new address.the debt is a cap1 credit card but fredricksons are also wanting money for a current account i defaulted on.

[gregzie]

Freds As Usual Going For Mr Carter To Enforce

 

Still Usuing The Old

 

Show Us Your Defence Before We Issue An N1 Routine

 

Proove It Letter Me Thinks To Start With

 

 

hi sorry didnt understand the end

[gregzie]

They Have To Proove You Owe The Debt

 

Not You Having To Proove You Dont

 

Cretin

 

 

hi,shall i just carry on ignoring them?ive got my girlfriend to ring fredricksons and say i no longer live here,has that done me any favours?

 

thanks

[PGH7447]

if you have not paid or made a written acknowldgment in 6 years then it is statuted barred so when was the last time you paid anything to it

[gregzie]

i have never paid them a penny nor made contact with them

[gregzie]

if you have not paid or made a written acknowldgment in 6 years then it is statuted barred so when was the last time you paid anything to it

 

 

i have never paid a penny nor made contact with them.its been well over 5 years now.

[PGH7447]

in that case send them this

 

The Consumer Forums - Debt collectors

 

letter 2

[gregzie]

please some 1 help ive been told time might be running out.anything!

 

thanks

[PGH7447]

what exactly do you want? if not made any payment send the letter in post 11

[ScabHunter]

please some 1 help ive been told time might be running out.anything!

 

thanks

 

Who has told you time may be running out? Time for what?

 

Try and explain more clearly and I'm sure we can help you.

 

SH

[gregzie]

in that case send them this

 

The Consumer Forums - Debt collectors

 

letter 2

 

sorry its hasnt been 6 years yet about 5years 6 months.thankyou anyway.can they start court proceedings if they cant contact me?

[PGH7447]

Yes they can and get a judgement by default so you play the spin it out game and send off the proof it letter first, when you get a reply depending on what they say you then send of the cca request, if they come back with anything you send the original creditor a sar

 

all in all this takes up a couple of months or more, if they produce the info on time

 

if no cca then you put the account in dispute

 

with the sar if no reply within 40 days you put the account in dispute

 

if the sar arrives you add up any charges and start to reclaim them back

 

all the while stating in big black letters I do Not recognise any debt to your company at the top of every letter

[ScabHunter]

can they start court proceedings if they cant contact me?

 

Yes! In fact, it is one of Carter's favourite tricks to deliberately send court papers to the wrong address to get judgment in default.

 

First step, calm down. Stop panicking. You are dealing with Carter, who many people on this forum have seen off without much trouble, and Crapital One, who very rarely have enforceable agreements.

 

Start from scratch. Who has told you that you are running out of time, and what are you running out of time for?

 

SH

[gregzie]

Who has told you time may be running out? Time for what?

 

Try and explain more clearly and I'm sure we can help you.

 

SH

 

i was told when the letters arrive with brian carters letter head from fredricksons they are going 2 start court proceedings if i dont contact them.ive had a default on my credit file for 5years plus now and being so close 2 having it statue barred i dont want a ccj.

[gregzie]

Yes! In fact, it is one of Carter's favourite tricks to deliberately send court papers to the wrong address to get judgment in default.

 

First step, calm down. Stop panicking. You are dealing with Carter, who many people on this forum have seen off without much trouble, and Crapital One, who very rarely have enforceable agreements.

 

Start from scratch. Who has told you that you are running out of time, and what are you running out of time for?

 

SH

 

 

it was only a friend who has had dealings with the same 2 companies and ended up paying it.he said im running out of time they will start court proceedings verty soon

[ScabHunter]

OK. Well the first thing to realise about Carter is that he is indeed trigger happy when it comes to issuing court proceedings. The second thing to realise is that he hardly ever follows through when someone stands up to him and submits a good defence.

 

I have prepared defences for people dealing with Carter, and none of them have yet gone through to judgment. In every case, Carter has discontinued and been liable for costs.

 

Of course, that is a long way off yet, if it ever happens. The important consideration now is how to handle the current situation.

 

I take it that letter you have received does contain a definite account number, and that it does relate to an account you recognize?

 

SH

[gregzie]

Yes they can and get a judgement by default so you play the spin it out game and send off the proof it letter first, when you get a reply depending on what they say you then send of the cca request, if they come back with anything you send the original creditor a sar

 

all in all this takes up a couple of months or more, if they produce the info on time

 

if no cca then you put the account in dispute

 

with the sar if no reply within 40 days you put the account in dispute

 

if the sar arrives you add up any charges and start to reclaim them back

 

all the while stating in big black letters I do Not recognise any debt to your company at the top of every letter

 

 

thanyou.

[mr.ton]

The only one running out of time around here is Carter

He is simply trying to intimidate you into paying up & chances are by the time the old fool carries out his threat it will be stat barred.

[gregzie]

does the prove it letter have to be written out a certain way?

[gregzie]

OK. Well the first thing to realise about Carter is that he is indeed trigger happy when it comes to issuing court proceedings. The second thing to realise is that he hardly ever follows through when someone stands up to him and submits a good defence.

 

I have prepared defences for people dealing with Carter, and none of them have yet gone through to judgment. In every case, Carter has discontinued and been liable for costs.

 

Of course, that is a long way off yet, if it ever happens. The important consideration now is how to handle the current situation.

 

I take it that letter you have received does contain a definite account number, and that it does relate to an account you recognize?

 

SH

yes it has an account number and im not sure as ive never made no contact with them.

[mr.ton]

Try this

 

Ref number................

 

Dear Sir/Madam

 

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

 

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