Fredrickson international limited advice please

vulture

Just to update
I sent the statute barred letter recorded today, when I got home I had another letter from them - must admit my heart sank as I thought I have left it to late and they have taken court action - however it was just another threating letter telling me I could not ignore the debt, so fingers crossed the next one will be to inform me they are no longer pursuing it. Thanks for everyones help

saltnvinegar

Hi Vulture

Be prepared for a nonsense response that the debt is not statute barred and that you 'made a payment' of '£5' approximately 3 years ago.

Hopefully your SB letter will be enough to make them go away, but if they have bought this debt for a couple of quid they may chance their arm and make a claim like above.

If they do then the burden of proof is on them, so you simply ask them to send you proof of payment, exact date it was paid, and from where.

It is highly unlikely that this will go to court, and even it it did you would have plenty of time to file a defense and then even it it were awarded you would have time to pay it afterwards without a CCJ being placed on your credit file.

They know this, but rely on you NOT knowing this.

Best

SnV

PNPSUKNET

I would deff ask them to prove it, however I will say people seem to think companys wont take people to court for £200. They are doing as people just ignore these days, it costs yourself when they take it to court unless stat barred

vulture

Hi Just recevied a letter from Bryan Carter solicitors telling me payment must be made in the next 14 days or they will recommend to client that proceedings be issued without futher notice. I have heard nothing from Fredricksons since sending them the statue barred letter. Do I now need to send the same letter to these or should I send one to Phoenix recoveries with they both cite as their client. Thanks for your ongoing support.

They do say in their letter I still have the opportunity to contact Fredricksons with payment proposals so I am unsure who the client is.

saltnvinegar

Ok, take a deep breath. It is more threatening tactics. They have not said that they are going to take you to court. They have said they will recommend that proceedings will be issued (which if it is SB as you state would immediately get thrown out of court)

I would send them a letter reminding them that they have provided no proof that a debt exists, and that they have not responded to your letter informing the debt is statute barred.

Feel free to tweak the letter below (you may want to remove points 8&9 depending on what they have sent you)

btw if you want to see what DCA's think about collecting SB debt then the following link may be intersting to you:

http://www.csa-uk.com/csa-news/6/statute-barred-debt%E2%80%A6-to-collect-or-not-to-collect-that-is-the-question

Best
SnV

START OF TEMPLATE LETTER

THIS DOES NOT CONSTITUTE ACKNOWLEDGEMENT OF DEBT

Account/Ref No XXXXXX

Dear Sir / Madam

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

4. I am sure that you are aware that the OFT’s Debt Collection Guidance states, at paragraph 2.14(b), that it is considered unfair to pursue a debt where the debtor has not heard anything during the limitation period (which, even if this were my debt, I haven’t).

5. The same guidance also states it is unfair to mislead a debtor as to rights or obligations. It gives a specific example of implying or stating that the debt is legally recoverable. I enclose a copy of the letter sent by yourselves which engages in this very practice and, worse, that a judgement will be sought against myself.

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you that, even if the debt were mine, I would not pay it.

7. I am sure you are aware of the provisions of the Administration of Justice Act 1970, specifically s. 1, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst s. 3 of the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

I presume that you can put all the above together, but to avoid doubt please be advised of the following should you pursue this matter.

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.


In summary:

Any further communication requesting or demanding any sums of money or other property or chattel to be paid in relation to this alleged debt shall result in a complaint being made to Trading Standards a well as your activities being reported to the Office of Fair Trading. Should such action continue, I shall deem it to constitute harassment and will have no hesitation in seeking the intervention of the courts. Be aware that any action shall also include costs.

I trust the above is perfectly clear and I now expect you to confirm promptly, in writing, that you have closed this case and that no further action will be taken.

sign digitally

END OF TEMPLATE LETTER

mozzyc

Hi

Could be Littlewoods - they deal with my account on my dmp.

brightonman123

quidco were doing a cashback offer, when you sign up for a free trial of creditexpert-- can see whats listed, and get amended (post notice of correction) where appreopriate..

remember to cancel trial before they start taking subscriptions!

THEN write back to F's, requesting CCA etc.. if debt is over 6 years old, it is unenforcable.

AS ALWAYS- DO NOT SIGN THE LETTER, KEEP A COPY, SEND BY RECORDED / REGISTERED MAIL.

vulture

Thanks for replying so soon, to clarify should I continue with Fredricksons or should I now send this letter to them and Bryan carter solicitors and phonix recoveries
Thanks again for all advice

brightonman123

i may be wrong, but isnt frediricksons a trading name of bryan carter sols, or maybe the other way round..?

DVardysShadow

saltnvinegar wrote: »

Ok, take a deep breath. ....

Feel free to tweak the letter below (you may want to remove points 8&9 depending on what they have sent you)

btw if you want to see what DCA's think about collecting SB debt then the following link may be intersting to you:

http://www.csa-uk.com/csa-news/6/statute-barred-debt%E2%80%A6-to-collect-or-not-to-collect-that-is-the-question

Best
SnV

START OF TEMPLATE LETTER

....

3. [STRIKE]I understand this debt was last acknowledged over 6 years ago[/STRIKE] and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).


......

END OF TEMPLATE LETTER

Far better as 'I understand that this debt has not been acknowledged in the last 6 years'