Nationwide Credit Card debt with Fredrickson Int Ltd and Bryan Carter

[bohomiz]

Gottcha.

The original debt was £1622.42 and according to FREDPAY the balance that was transferred back is £1302.42 - a difference of £320.00 being paid to date. However, none of this is shown on the statements from NW that I received and is still show a debt of £1622.42 as being outstanding.

[dx100uk]

ok well i'd expect that then

 

as when they sold the debt [we are of course assuming they HAVE sold it]

as you've no cra file - other than a letter of notification from a dca themselves

 

we have no real way of knowing though.

 

the course of the balance appears correct.

 

however, that does not detract from the fact concernng SB and should you have ever paid in the first place....

 

do you know the date of your first payment to ANYONE after NW 'sold it'?

 

if you do....

 

then if there is 6yrs [poss 5yrs if we consider the possible scottish link!]

 

between that and the last use [in/out] from the nationwide statements

 

 

we can confirm or not the SB status

dx

[bohomiz]

The copy statements they sent to me start from March 2008

and the account was opened in 2005 so I do not know before then.

 

The statements they sent to me show no payments made to the account which is true and accurate but I can't remember before then.

 

Should I write and ask for ALL statements from the opening of the account.

 

Shouldn't they have sent them to me anyway considering I requested all information on this account?

 

If less than 5/6 years passed and I started the payments to FIL in July 2010 would I still be obligated to pay the debt?

[dx100uk]

poss but we need to then go through if they went by the correct process of notice of assignment

 

notice from Nationwide that they had transfered all rights to xxxxx etc etc.

 

however back to the SB';ed issue........

 

it strikes me

 

that if YOU cannot prove its statute barred.

 

then how can arrow/freddies prove its NOT.!!

 

and in terms of the SB rules...it is not up to the debtor to prove the debt is SB'ed.....

 

its up to the DCA to prove its NOT!!

 

dx

[bohomiz]

Should I rewrite to NW and request the remainder of the statments from the inception of the account. If I don't have those then I cannot see when I last paid on this account.

[dx100uk]

but neither can the DCA

 

NW fwded what it was legally obliged to 6yrs from your request.

they dont HAVE to hold data passed that date.

 

you could try!

 

without me looking back

 

i believe you did fire off the SB letter to freddies?

 

what was their reply?

 

dx

[bohomiz]

What I sent to FIL was a couple of printouts from a website: one about them and the other on Statue Barred. Plus telling them to stop bullying me and if they continue I will seek legal advice.

 

On 9 December I received a letterfrom Fredrickson International Limited with the following:

 

“We thank you for your recent communication and note the position.

We confirm that we have placed the account on hold for a period of 30 days andlook forward to hearing from you further.

 

Yours sincerely”

 

I have not heard from Fredrickson International Limited since and then this evening I see that on 17 Feb 12 they have passed the remainder of the debt back to the client.

[bohomiz]

I was so exasperated that I wanted to scare them a bit just to get them off my back - do to them what they were doing to me.

[dx100uk]

and it worked

 

so IF they had any legal right to take money off of you

they would have retorted with proof that they can .

 

they did not they ran.

 

which to me means they know ful- well they fleeced you

and had no right to take the monmey

or

cannot prove its NOT SB'ed.

 

if they have passed the debt back to arrows

 

i would now fire the SB'ed letter off to arrows.

 

dx

[bohomiz]

Wow - I never thought my temper would work on something or someone quite like that!

 

Is there an SB'ed letter template available for me to use? Is it on that list you gave me earlier which I Cntl D'd to save.

[dx100uk]

under the green tab top left

 

dx

[bohomiz]

Excellent. Thank you very much for your help. I feel I can sleep a little better tonight knowing that I hold the loaded gun and (hopefully) not them.

 

The website I got the info from is dcpregistry. That's the printouts I sent. Must have spooked them somewhat.

 

I will get all of this sorted out in the morning and keep the site updated.

 

Thank you again for all of your time and help - it is much appreciated.

 

With blessings.

 

Bohomiz.

[dx100uk]

hey no bother!!!

 

dx

[bohomiz]

I've just taken a look at the letter template library and have found the correct one.

 

NW are an English bank but I was living in Glasgow at the time.

Does it fall under England (6 years) or Scotland (5 years)?

 

Should I send both letters to cover my back?

Should I send the copies of the NW statements I received the other day?

Also the statement from FREDPAY?

 

And although your template letter does not make a request for the return of the funds,

should I just ask them for payment of the £320 I have paid and give them 14 (working) days before taking the matter further?

 

I feel so close in kicking these sons of guns in the dewberries.

 

Thanks in advance.

[dx100uk]

slowly catchy monkey

 

just send the english one alone

 

lets not tip them off yet.

 

dx

[bohomiz]

So at this point I don't ask for the money back yet?

[dx100uk]

no

one step at a time.

 

dx

[bohomiz]

Okay. Thank you. I will copy out and send the English letter and send it first class recorded delivery and see if I receive a reply. What happens if I don't receive a reply? What is the next step?

[bohomiz]

Hello DX

Sorry to bother you again but I have had a thought.

After copying the Statute Barred letter and reading through it I have some new concerns, which are in regard to the following two paragraphs in the letter.

 

"I would also point out that the OFT say under their debt collection Guidance on statutebarred debt that “it is unfair to pursue the debt if the debtor has heardnothing from the creditor during the relevant limitation period”.

From 14 July 06 to 9 October 06 I corresponded with Nationwide in regards to this matter. The 9 October 06 letter was the last letter I sent to them even though, according to the print outs I received the other day, they made attempts to make written contact with me but I had moved and so the letters were returned unread by me.

"The last payment of this alleged debt was made over six years ago andno further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment orwritten contact from me in the relevant period under Section 5 of theLimitation Act, I suggest that you are no longer able to take any court actionagainst me to recover the alleged amount claimed."

Not only did I converse with Nationwide between the above dates but in January and May 2009 I received two letters from Westcott and I replied to both of them.

With this information to hand, does this now change the situation?

BM

[dx100uk]

just send it

 

let them find out [iF THEY CAN] that you did write to whomever.

 

lets see what they say if anything

 

dx

[bohomiz]

Hi and thank you for replying.

 

Okay I will send the letter and see what happens and take it from there to see if they bombard me with any proof.

 

Thanks again for your time and help - it is much appreciated.

 

Bohomiz.

[bohomiz]

Hello DX et al

 

A new chapter on this situation.

 

Arrow Global have now appointed ROSSENDALES COLLECT to collect the debt.

 

Unfortunately I haven't been able to post my letter to ARROW GLOBAL due to illness last week. Should I still send it to them? I guess I should now shouldn't I.

 

The last para of the letter says: "If we do not hear from you within 7 days (in red) from the posstmark on this letter, collection procedures will continue".

 

Should I write to ROSSENDALES COLLECT or just send a letter to ARROW GLOBAL?

 

This is getting so out of hand for me to deal with I'm becoming very ill over it.

 

BTW: RC are requesting £1302.42 which is the remainder of the debt.

 

Any help, as always, is gratefully received.

 

With thanks in advance.

 

Bohomiz

[dx100uk]

pass the parcel

you are on a phishing list.

 

quite honestly id sit on your hands.

 

i bet i discount letter comes soon.

 

if you wish you can fire the SB'ed letter off to robbers

but thats up to you.

 

me thinks this is getting toward the end game.

 

dx

[bohomiz]

Hello and thank you for replying.

 

Can you please explain to me what you mean by the following:

 

"I bet a discount letter comes soon"

 

"If you wish you can fire the SB'ed letters of to robbers but that's up to you"

 

"Me thinks this is getting toward the end game". What do you mean by this?

 

Much obliged.

 

BM

[dx100uk]

exactly what i said.

 

dx