Fredrickson letter before action barclay creditcard opened in oct 2004

[SUNDERLAND1]

I have today recieved another letter from fredricksons this time headed LETTER BEFORE ACTION.

 

How serious should i take this ??

 

Is legal action imminent as i dont want to be caught off guard and a claim form landing on the doormat,

or is this just another standard threatogram ??

 

Any help would be much appreciated thanks.

 

Any further info needed just ask please.

[dx100uk]

if may might instructed.

 

threat-o-gram IHMO.

dx

[42man]

What is the debt for ? when did you last pay anything towards it ? Have you sent off a CCA request ? (or is it a mobile phone account ?)

[42man]

It has been known that after Fredrikson's Letter's Before Actions comes a claim from Bryan Carter.....so keep a heads up.

[Stigman]

I had several threatograms from Fredrickson, even a few from Bryan Carter well over a year ago now, each one either threatened legal action or was a letter before action - still waiting!

 

Then again, others have just received a few pieces of correspondence followed by a summons issued at Northampton.

 

What is the debt for?

 

Mainly when challenged, Bryan Carter withdraws and sulks off into a corner.

 

Stigman

[SUNDERLAND1]

To give a bit more info :-

 

The debt is for a barclay card creditcard opened in oct 2004 balance less than 5k.

 

Last payment made in feb 2009 no correspondence or acknowledgement enterted into since despite many many dca letters.

 

1st dca was mercers who served a default notice ??

They had not bought the debt they were only acting as agents for barclaycard.

I thought the OC had to issue the default notice if they still owned the debt or am i wrong ????

 

Several more letters from Mercers.

Calder Financial,

RMA,

NCO,

Moorcroft,

Midaslegal,

Wescot,

Nelson Guest,

 

most of these letters offered varying discounts.

 

1st letter from lowell in june 2011 and a notice of assignment from barclaycard, so lowell have bought the debt.

 

Then followed several letters from lowell,

Red and hamptons, some offering discounts upto 50% off.

 

Red claim to have obtained a copy of my credit file and hamptons claim to know im a homeowner.

 

About a month ago got a letter from lowell saying they were passing it to frdricksons

have had 2 letters from them

the second being the "Letter Before Action"

 

I have not sent off a CCA reques nor a SAR or anything else.

 

There was no PPI on the card, a few charges but nothing major probably only £200 or so.

 

Any advice should i just sit tight or take some action and if so what ???

 

Does the fact that hamptons recently offered 50% off mean something is probably not correct ???

 

Thanks in advance.

[42man]

If it was me in your position then a CCA request and a SAR would be my first priority.....

[dx100uk]

IMHO like yourself i've had lots of those LBA's

 

and discount letters.

 

some of the debs are 4yr old now not a peep from any of them

 

ps mercers are barclays

 

 

dx

[SUNDERLAND1]

Thanks for the replys folks, was unaware mercers were part of barclays.

 

Been having a good read of undercover elsa quick self help guide.

 

Looks like i have a decision to make whether to

(A) keep quiet and hope another 2.5 years of threatograms only passes and then it becomes statue barred or

(B) make contact.

 

If i decide on (B) is a prove it letter not the most appropriate 1st way forward ???

 

If a prove it letter was ok to send what kind of response can they give which does prove i owe the debt ???

 

If a prove it letter is not appropriate and a cca request would be better what happens if they can fulfill all the requests in a cca ???

 

Sorry to ask so many questions.

Cheers.

[nyfle]

Hi, SUNDERLAND1.

 

I'm in the same position as you are, in that I've received an LBA from Fredrickson acting on behalf of Lowell.

I've decided -- after receiving a lot of help from the guys

-- to respond to them requesting documents they intend to use in court (or not as the case may be).

 

That's something to bear in mind If you were to respond to them:

you can use pre-action protocols to, well, at least ask for documentation that they will be relying on.

 

That is assuming they actually have any, of course. You are dealing with Lowell, albeit through proxy, after all...

 

Of course, you may not actually want to open that can of worms.

In my case the 'account' in question is heavily disputed and I believe I have a good case, so it was an easy decision.

[bigshoes...bigsocks]

Is it CPR 5.14 regarding LBA and information the other side wish to use against you?

[Bandit127]

Is it CPR 5.14 regarding LBA and information the other side wish to use against you?

I am not qualified to answer your question, sorry.

 

However, I have asked the mods to consider moving this thread to the legal forum where you are more likely to get a better response to this question.

[Andyorch]

Is it CPR 5.14 regarding LBA and information the other side wish to use against you?

PD 71 ?

 

Its Pre Action Protocol CPR Here is a thread of interest http://www.consumeractiongroup.co.uk/forum/showthread.php?153324-Pre-action-protocols-and-CPR

 

Regards

 

Andy

[SUNDERLAND1]

HI ALL,

since my last post i have heard nothing from fredricksons or anyone else re this matter nor have i contacted anyone.

 

However today have recieved a letter from bryan carter headed" FINAL NOTICE".

 

To be honest it looks like a regular threatogram full of " IFS and MAYs" but the strange thing was that an actual first class stamp was used on the envelope it was not franked mail.

 

Is this significant ???

 

Does anyone think it looks like they are paying a bit of attention to me in particular ???

 

Any advice would be greatly appreciated.

[SUNDERLAND1]

AS you may see on another thread of mine i am being served with a stat demand soon by lowell for a shop direct debt. However because lowell now own this debt i am thinking they may combine both debts and put them both on the stat demand. I have still not sent a CCA request regarding this debt so would assume i should do so pronto yes. The last letter i recieved from lowell re my barclaycard debt was in december saying that all correspondence was now to be sent to a company called "DEBT MANAGERS" in rotherham. I have not recieved any phone calls or letters from "DEBT MANAGERS" Who should i send the CCA request to thanks.

[dx100uk]

lowells

 

they cant 'add' things to a SD !!

 

dx

[SUNDERLAND1]

Hi dx100,

 

so its CCA to lowell.

 

I aint recieved the stat demand yet so im not 100% sure which debt or debts its going to be for.

 

Im almost certain it will be for the debt i have with them re shop direct

but it may be a combination of shop direct and this barclaycard debt.

 

As you may or may not have noticed with another one of my threads where i am helping my ex misses out with her stat demand ???

 

Hers was for 2 debts combined .

 

Hope you understand what i meant now thanks

[dx100uk]

which ever way it goes gathering info is the key!

 

CCA requests and SAR to everyone ASAP.

 

then you know what cards you/them are going to be dealing each other.

 

each 'debt' is diff.

 

although I 'generalise' as we deal with 1000's of people here

the devil is in the details you get each time

[SUNDERLAND1]

Hi folks,

 

 

can anyone clarify exactly what lowell would need by way of an agreement to satisfy a CCA request.

 

 

I thought it had to be the original or a copy of the signed agreement ???

 

 

This debts stems from october 2004 and

 

 

i definately would have signed an agreement

 

 

i have never taken on any credit through on line applications which did not require a signature.

 

 

Thanks.

[dx100uk]

yes signed.

 

 

dx

[theoldrouge]

all explained here

 

http://fshandbook.info/FS/html/FCA/CONC/13/1