Rhsymonds vs Fredrickson International

[rhsymonds]

Sent request for agreement to Fredrickson on 1/4/07, got a letter back on 16/04/07 saying 'account on hold while we investigate'.

 

Then i cancelled the DD and received 2 letters threatening court action on 16/04/07.

 

Im about to send this :

 

Dear Sirs,

Thank you for your letters of 16/04/2007 threatening enforcement of this debt. I have enclosed a copy of my letter dated 01/04/2007 which was sent recorded delivery and has been signed for by you indicating its safe arrival. However, as you have decided to write to me again, it appears that you have not bothered to read the contents. You should do so now.

 

The 1974 Consumer Credit Act (CCA) demands that I be supplied with a true signed copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter and my request remains outstanding. This places you in default and if I am not provided with this signed true copy by 25/05/07 you will have committed a criminal offence which I intend to report to the FOS.

 

As you will know, under the CCA 1974 a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, the alleged debt is not enforceable in law. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you, you are not entitled to charge any interest or charges to the account, nor are you entitled to register any information on this account with any credit reference agency.To register information with a CRA, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

You have already exceeded the time limits prescribed by the Act to supply this document and are currently in default and in danger of committing a criminal offence.

 

It is my intention to pursue litigation in this matter and ask that your attention be drawn in particular to CPR 4.6 © enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

I would therefore request, in compliance with CPR 4.6© a copy of the document that you will be relying on as proof that a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt. I am sure that your solicitors (Bryan Carter & Co) will be aware of what is required. I expect, in accordance with CPR, your prompt response to this formal request without further delay.

 

Hopefully they will leave me alone now !!

 

:grin:

 

Anybody else had dealings with Fredrickson ?

[setmefree]

That letter will do the trick, dont give in to them and i think you will find that Fredrickson's and Brian Carter are more connected that what they would have you believe.

[rhsymonds]

Thanks SMF, if i never hear from them again it will be too soon !!

 

+1 to you

[ODC]

Here is an interesting post about Brian Carter

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88566-bryan-carter-ceased-company.html#post805608

[glennyboy]

Hi all

Funnily enough,out of the blue, I have got a letter from Fredricksons today, acting on behalf of EGG demanding over £6000, immediately. Capquest have returned the debt after I CCA'd them, and now these people have popped their nasty little head up.

 

CCA for them I think, and see what they've got.

[ODC]

Hi all

Funnily enough,out of the blue, I have got a letter from Fredricksons today, acting on behalf of EGG demanding over £6000, immediately. Capquest have returned the debt after I CCA'd them, and now these people have popped their nasty little head up.

 

CCA for them I think, and see what they've got.

Suffice to say if Crapquest couldnt supply CCA the Fredricksons wont be able to either. Thanks to this board you will know exactly what there letter is going to say:-D

[rhsymonds]

CCA for them I think

 

Its like an ASBO for creditors !!!

 

Good luck Glenn, let us know how you get on.

 

[setmefree]

Take a look at Brian Carter seized trading thread , them and frederickson are very good friends:wink:

[ODC]

Its like an ASBO for creditors !!!

 

Good luck Glenn, let us know how you get on.

 

PMSL How very true.

[trickytrish]

these people tried to take my sister to court, for a catologue debt of only £75 this was back in january I'd only just started reading these debt forums back then tho

 

anyway I filed her defence for her after reading about CCA's and DOA I put in her defence that she did not acknowledge any debt to this company and would like to see the CCA and DOA

 

I was really surprised they cancelled the court case and she's never heard from then since

[ODC]

these people tried to take my sister to court, for a catologue debt of only £75 this was back in january I'd only just started reading these debt forums back then tho

 

anyway I filed her defence for her after reading about CCA's and DOA I put in her defence that she did not acknowledge any debt to this company and would like to see the CCA and DOA

 

I was really surprised they cancelled the court case and she's never heard from then since

Which all goes to show that they behave like all bullies when someone stands up to them. Goodness knows how many people unaware of this forum have paid up on illegal debts

[trickytrish]

Which all goes to show that they behave like all bullies when someone stands up to them. Goodness knows how many people unaware of this forum have paid up on illegal debts

 

I agree entirely I'm so grateful to this forum tho as if it was'nt for this Site I would'nt of had a clue to of even done that and she would of been left with even more debt with there court costs solicitors costs etc

[blackrain]

It seems a similar pattern here. CCA'd DLC (for Egg) and got no response, all letters ceased arriving in fact. Then Bryan Carter popped up along with Fredrickson International. Going to pass on my Bryan Carter letter to Law Society methinks. oh, and a CCA for Fredrickson.

[rhsymonds]

Letter arrived this morning, saying

 

'our clients are unable to provide a copy of the original agreement at present, and we have therefore requested they recall the ammount and have placed this on hold. Our file is now closed and any further enquiries should be forwarded to our client direct.'

 

On the downside i now have to find my original Style account number and CCA them next, but on the plus side Fredrickson are out of my life ............. for now.

[pmhcfc]

Letter arrived this morning, saying

 

'our clients are unable to provide a copy of the original agreement at present, and we have therefore requested they recall the ammount and have placed this on hold. Our file is now closed and any further enquiries should be forwarded to our client direct.'

 

On the downside i now have to find my original Style account number and CCA them next, but on the plus side Fredrickson are out of my life ............. for now.

 

I had a debt written off re Style card after they (the DCA) couldn't comply with the CCA

[rhsymonds]

Awesome !!! Did you actually get a statement confirming this or did the DCA just stop hassling you ? Please participate in the poll if you have.

 

Cheers

 

[lemma1968]

Just wondering if you have heard anything else from anyone about this?

 

I'm dealing with Fredrickson but I note they kicked your file back to the original lender.

 

Any progress?

[rhsymonds]

Not heard anything since 22nd May lemma, ill be sure to post if i do.

[rhsymonds]

Well, letter from buchanan clark + wells arrived yesterday, along with 2 rather threatening phone calls, demanding immediate repayment of this Style card debt.

 

Incidentally i phoned them on my way home, before i realised they had left messages on my house phone, and informed them that RBoS/Style were currently in default regarding cca request.

 

The guy seemed fair enough, and said they would wait for further instructions, but after hearing some horror stories about b,c&w i've decided to CCA them also, even though the guy on the phone said it wasnt necessary.

 

Looks like this one wasnt ready to die yet !!

 

No matter, im getting used to pushing my creditors around, lol.

 

[lemma1968]

Is this the debt that was in the hands of Fredricksons and they kicked it back to the OC?

[rhsymonds]

Well after Style passing this debt on every time i CCA'd the DCA, i finally sent a CCA request to style.

 

Style have now sent me a copy of my original agreement from 2001 (What are the chances ?? lol !!) but its got bits crossed out and stuff written all over it. It is definitely the one i signed though, so unless i can find fault with the actual form i will be phoning BC&W to arrange repayments this week.

 

They were very high and mighty about the whole thing, and kept making references claiming they are not obliged to provide a signed document (why bother if you are sending a signed copy ???). They also said 'there is a £1 fee payable for this service, but we will overlook it this time' even though there was a cheque for £1 in the envelope !!!

 

Cheeky buggers !

[rory32]

Style have now sent me a copy of my original agreement from 2001 (What are the chances ?? lol !!) but its got bits crossed out and stuff written all over it.

All the terms of the agreement must be readily legible.

[rhsymonds]

Cheers Rory,

It is a 1 page application form which i filled out in store, then the card arrived a few weeks later. It has 'Application form' written at the top, so does that mean its not admissable under cca ??? Or am i making stuff up ???

 

Ill try and get a scan of it.

[rory32]

I can't really comment on it's enforceability until you scan it in. If you can't scan it you can always take a photo of it and do it that way.