Fredrickson international/Capital One - next steps?

[electrica77]

Hey

 

Well two weeks ago I had a letter back from them in reply to my 'prove it' letter.

 

They stated some details about the account and said that I had had terms and conditions provided to me on opening the account so that constituted proof.

 

HOWEVER- although I know this account is mine, does this latest letter constitute proof?

 

I will scan and post it below.

 

i haven't replied yet, and therefore have had another letter from Bryan Carter solictors with more threats (also scanned below).

 

What are the next steps?

 

I don't think their letters constitute proof, but what WOULD?

 

I opened the account in '02, and I am pretty sure they wouldn't have given me the correct T&C's at the time,

or have kept them for the last 10 years,

so is it worth just asking for the original paperwork in order to prove the acct was invalid all along?

 

I know that they haven't established that it IS my debt as they sent me a letter on 15.12.11

saying they were trying to trace someone of my name in regards to a personal matter,

and did I know of this person's whereabouts.

 

I didn't reply, and a short while later started getting the 'pay now' letters.

I have said I do not acknowledge the debt so far.

 

The account defaulted on 01.08.06, and an IVA was accepted, covering this debt among others on 30th August 06.

 

The IVA then failed and a letter was sent to creditors on 01.06.07

- what actually constitutes the date from which I can count towards statute barring of the debt?

 

If it's the last date of payment,

I'm in the clear.

If it's the default,

I can string it out a bit longer (a month) till I'm in the clear.

 

If it's the IVA practitioner's contact with them, I have until June next year.

 

I haven't made payments or personally acknowledged anything since before the default obviously.

 

Whether Frederickson's even know about the IVA, I don't know.

 

Any help on this would be gladly received

- essentially I need to understand what would constitute proof that the debt is mine from them,

and when I can legally count the debt as being statute barred.

Please see the most recent letters below

 

Thanks in advance.

 

Edited June 13, 2012 by electrica77

[dx100uk]

last payment is SB date

 

they are phishing

 

ignore them!!

 

you have checked your CRA file?

 

you'e left the cap1 a/c number in the letter too unapproved it for now

 

dx

[sillygirl1]

They would be onto a looser if they tried court - they are hoping you don't know your rights and will pay up like a mug.... (or a 'good moral person' in their eyes).

 

Poor Uncle Bryan, you think he would learn by now!

[electrica77]

Cheers for unapproving the letter, I'll get that fixed and repost later.

 

Is the last payment DEFINITELY the SB date to count from? Some people further up this thread suggested the IVA letters might also constitute contact? The last of those to be sent was 1st June 2007 (informing creditors the IVA had collapsed).

 

Also- whatever happens, I need to send them some form of reply to their latest letter, and I would like to get the matter put to bed. So even if they are phishing, I'd still like to have a response based on whether the letter they sent me = proof of anything, and anything I can say to make them go away and shut up for good. The debt is mine, it's on my credit record, but I understand that they may not have provided me with correct paperwork at the time of opening the account etc... what is the best way to proceed now?

[dx100uk]

unless you write a letter to them saying:

 

hey this is my debt, and sign it ...no letters nor telephone convs count.

 

last payment date or use of the credit by YOU.

 

dx

[citizenB]

You need to establish the last date you made payment - as below.

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[electrica77]

Well, I think that given the last payment would have been before the default in Aug 2006, I must be in the clear then.

I am certain that when the IVA collapsed after a few payments, I asked the IVA practitioner how much had been paid to the creditors,

and she said that so far no money had gone to the creditors, just to the insolvency firm (I remember because I was quite annoyed).

 

In any case, I still think that if I could definitively say to Bryan that they have no provided 'evidence' that this debt is mine, that might put the matter to rest.

 

Or the matter of assignation (I've never received anything saying the debt has been assigned etc)

 

Is there any definition for what they have to send you to say that it's definitely yours?

 

I could really do with some constructive help in the next couple of days as their letter is talking about imminent action.

 

Cheers

[citizenB]

I have attached a draft letter which you could send in order to establish if an assignment has taken place. Both in word and pdf format

 

Draft request for assignment - Amended Draft.pdf

 

 

Draft request for assignment - Amended Draft.doc

[electrica77]

Thanks for this, I'm still not sure it really answers the main question of how to proceed at this stage though.

 

Does what they have sent me (confirming dates the account was taken out, and debt amount etc) constitute adequate 'proof' that the debt is mine?

 

I feel that the longer I can stall them, the better my chances of having the debt statute barred.

 

What should I write in response to their latest threat letter above?

[electrica77]

Just checked my CRA again, and it doesn't state the last payment, but the default is registered as 6th August 06.

 

What are my options at this stage?

[BRIGADIER2JCS]

With that default date and the supposed cause of action within 6 months

prior to the default date ''almost'' certainly SB.

[dx100uk]

IGNORE THEM.

 

dx

[electrica77]

I agree that the debt is probably statute barred, but I don't seem to be able to get any certainty around this.

 

why ignore them?

 

They have the right to take me to court don't they if the debt has been assigned to them?

 

I was really hoping for more constructive answers than these,

 

so that I know what my options and rights are at this stage.

[dx100uk]

only the owner of the debt can take you to court

 

and why after so many years have they not done so.?

 

because they cant.

 

you have your CRA file, who is shown as the owner?

 

dca's have no legal powers anyhow!

 

they are NOT bailiffs!

 

you could be a DCA tomorrow and send out threat-o-grams!!

 

 

dx

[electrica77]

well, Arrow Global is now the owner, isn't that the same company as Freds/Carter?

 

I would still like to stop them sending me letters if they don't actually have any legal power,

 

but I don't know how and am just getting partial answers here,

 

and no one is really answering the questions I am asking.

 

I would appreciate a bit more depth so that I actually understand where I stand.

[dx100uk]

you've been around long enough here to know the ropes.

 

you keep writing

 

they'll keep thinking they've found a mug.

 

time you SAR'ed cap1 me thinks

and get the TRUTH about this debt.

 

might even be PPI & PENALTY charges to reclaim

that will wipe the debt out & put money in YOUR pocket too!!

 

if Cap1 write back, stating the account is over 6yrs old and hold no paperwork,

then gameover for the fleecers.

 

dx

[sillygirl1]

Arrow Global are not the same as Freds and Uncle Bryan. I would just send the statute barred letter and they usually run away, if they come back and say it is not then send the prove it letter and SAR/CCA them.

 

Stop worrying about imminent court action, they would have done that by now.

[BRIGADIER2JCS]

Arrow Global is a debt purchase company Fredrickson International is

a debt collector Carter is a solicitor for rent.

Arrow may decide to litigate with Carter issuing a claim BUT Carters record

of actually following through a CC Claim is very poor as he seems to discontinue

the action at the first sign of a defence being filed.

[electrica77]

*bump*

 

Anyone help with this?

[dx100uk]

as advised already...

 

sar cap1

 

fire off the SB letter to whomever last chased

 

dx

[electrica77]

yes I concluded today that an SAR was probably the way to go now. I'm worried about sending an SB letter just in case they can use the IVA contact to extend the SB time by a year. Saying 'yes this is mine, but it';s statute barred' seems to me to be a dead cert way of acknowledging it but putting myself in a position of uncertainty.

 

I am still not clear what rights Arrow/Freds/Carter have here, as it seems to have been sold on to Arrow. Hopefully a SAR will clear this up?

[electrica77]

can I do an SB letter while saying I don't acknowledge the debt?

[BRIGADIER2JCS]

Yes, as always.

[electrica77]

well, just to update:

 

Due to acquiring a boyfriend, and then a family bereavement,

I did nothing with this at all, and figured that if they think they have a case, they'll write to me.

 

I have heard no more from Carters consequently (touch wood).

 

I may still SAR Cap One, as they added a fortune in charges (I wasn't stupid enough to take out PPI),

and then I have a defence in place if needed, and also may be able to reclaim some money