Fredricksons/BC old statute barred cap1 debt

[Nottingham2013]

I have a credit card debt that became statute barred about 5 months ago and because the default date is coming up soon

Fred's starting pressing for payment.

 

Ignored until they passed to Carter's and

 

I then sent a statute barred letter to Fred's.

 

Fred's then said I made a payment in January 2009 which is lies.

 

The original default amount is exactly the same as what they are asking for now.

 

Fred's sent me about 4 letters after I told them it was SB

and have now passed it back to Carter's

who told me they would be issuing proceedings in 4 days.

 

I sent a statute barred letter to Carter's telling them I did not make a payment

and I am waiting for a reply.

 

anyone have a clue how I canget these clowns off my back?

[BRIGADIER2JCS]

Hi welcome to CAG.

 

 

You need to put Carter/Freds to strict proof that a payment was made

 

 

Send the following to both. Edit to suit:

 

 

 

 

Ref: use theirs:

 

 

Re Statute Barred Debt:

 

 

 

 

Sir/ Madam,

 

 

I refer to a Fredricksons claim that this alleged debt is not statute barred because of an alleged payment of £xx .xx was made on XX.XX.XXXX, please take note I do not acknowledge any debt to Fredrickson or any company it may claim to represent.I have no knowledge of any such alleged payment and it is totally refuted.

 

 

I require Fredrickson to provide unequivocal proof the I personally made any such payment, and Fredrickson Must provide proof of the following.

 

 

The Method of payment.

The Amount Paid.

The 16 digit card number and the name of the issuing bank Expiry date of card.

If a cheque was paid: The name of the bank on which it was drawn.

The name of the signatory.

The Account No. on the cheque.

The date cashed/banked.

If a postal order was used:

The number of the PO.

The name and ID of the PO issuing the PO.

 

 

Unless this information is provided I will consider the matter closed

 

 

Any Claim will be robustly defended.

 

 

Send to Carter copy to Freds.

[Nottingham2013]

I've already replied to Carter's saying something like I didn't make the payment I would like details on who paid it and how. They said they would be issuing proceedings today. Should I just wait for their next letter or get that sent off? The most farcical thing about their claim is the original default amount is exactly the same to the penny for the amount they are demanding.

[dx100uk]

send carter a CCA request too!

 

whats the debt all about?

 

what card?

 

and when did you take it out?

 

dx

[Nottingham2013]

Capital one card from 2007! I actually written to capital one a few months ago to request they remove the default and they said they was unable to find my account using my name and address which I thought was strange.

[BRIGADIER2JCS]

When was the account closed??

Were you at the same address when the account was opened?

[Nottingham2013]

They defaulted on April 15 2007 so I'm guessing that's when it was closed. Im still at the same address it was opened at, I don't think they'll be able to produce a CCA if they can't even find the account!

[BRIGADIER2JCS]

They defaulted on April 15 2007 so I'm guessing that's when it was closed. Im still at the same address it was opened at, I don't think they'll be able to produce a CCA if they can't even find the account!

Then Cap 1 will not have the data now it is more than 6 years since the account was closed.

 

 

Who are Freds acting for Arrow Global or Lowell by any chance?

[citizenB]

If you are absolutely certain that you did not make a payment in 2009 - then if they issue a claim, you would simply use a defence that we have for SB debts.

 

When did Lowells/Fred/Carter become involved in this account ? Did you send a CCA request to them when they sent you the Notice of Assignment ?

 

If the payment was supposed to have been made prior to them purchasing the debt, then you could telephone Capone and ask when the last payment was made.

 

You might also pick up whether a payment was made by looking at your credit file

[BRIGADIER2JCS]

Account details not available from Capone more than 6 years since closure.

[citizenB]

Ah righto.. yes - so did they sell the account in 2008 ?

[Nottingham2013]

Sorry brigadier the default date was 15 April 2008. They are acting for lowells.

 

Citizen - when I told the it was statute barred they said the account was passed to them in November 2008 and a payment was made in January 2009. The letter they said this on was weird though, it was just a blank sheet of paper with everything printed in black unlike their usual ones with all the colour and logos ect. It was like they didn't want it to be an official letter.

[BRIGADIER2JCS]

Who was the payment made to is important was it Lowell and for how much?

[Nottingham2013]

Letter said I made a payment of £72.48 to lowells. Balance is still the same as default amount though. Absolute nonsense.

[BRIGADIER2JCS]

I would personally make a complaint about this to their Director of Legal & Compliance Ms Sara de Tute.

 

 

Clearly there is some error here as the amount claimed does not take the alleged payment into account.

 

 

£73.48 seems to me a very odd amount anyway.

Is it possible that there was any reclaim of charges from Cap 1 that could have been paid straight to Lowell?

 

 

This oddly formatted letter is worrying as well, can you scan it and post a copy suitably redacted so we can assess what is going on.

[Nottingham2013]

Just editing now brigadier, as I'm doing it I've notice something that may be important. I received the letter in January and they have dated it January 2013 is this them covering themselves?????

[BRIGADIER2JCS]

Emmm another " clerical Error"

[Nottingham2013]

[ATTACH=CONFIG]49738[/ATTACH]

[Nottingham2013]

How could they pass this back to carters to issue proceedings when they clearly know its statute barred? Putting 2013 confirms this.

[BRIGADIER2JCS]

[ATTACH=CONFIG]49738[/ATTACH]

May be a clerical error as close to the new year, written by an oik with a hangover!

[Nottingham2013]

Do you not think they have backdated it purposely so they can't be pulled up on what they've written.

[BRIGADIER2JCS]

The letter is a bit to small to read easily I'm afraid, without unequivocal proof of how and by whom the payment was made I would state again that the alleged payment is totally refuted and any CC claim will be robustly defended.

 

 

This is not something I would normally suggest in dealings with a DCA but it may stir them up a Subject Access Request (SAR)well, specifically requiring all data relating to payments received by them .

[BRIGADIER2JCS]

Do you not think they have backdated it purposely so they can't be pulled up on what they've written.

Did you keep envelope the letter came in?

[Nottingham2013]

Carter's said they was going to issue proceedings today if payment wasn't received and I sent them my reply on Thursday so it's probably to late to send them anything else now. Will the idiots really go to court when they know they will lose or is it just empty threats?

[BRIGADIER2JCS]

Carter's said they was going to issue proceedings today if payment wasn't received and I sent them my reply on Thursday so it's probably to late to send them anything else now. Will the idiots really go to court when they know they will lose or is it just empty threats?

Carter is a well known " solicitor for rent" often issues court claims purely as a threat and withdraws the claim and passes it back to his client at the first hint of a defence.