Frederickson International

SideShowBob

I recently received a letter from Frederickson International claiming I owe them £186 from a bank account I had with NatWest.

I wrote to them requesting proof that this debt was mine. They then sent me a printed statement.

I wrote to them disputing this and claiming that I had had and account with NatWest which I closed in 2002.

The account number and sort code on the statement differ to the one I had.

They then wrote back claiming they had provided adequate proof of my liability and that they would continue with their activities if I didn't respond with proof within 14 days.

Surely the burden of proof is with them and that a printed statement is not absolute proof that this account is mine.

How can I prove a bank account they claim is mine isn't mine?

Do they not have to provide something with a signature on?

Any advice on how to proceed?

awayinchina

two ways of approaching this:
1) sort code and account number do not match therefore you argue it is not your account. You can send them a postal order (no cheque or anything with your signature on (never send)). requesting all data they hold in regards the account that you are disputing. Also, pointing out that this is not your account and in them actually sending all data would actually make them in breach of data protection whilst they are at it ask them for a signed contract with the bank in regards the account.
2) contact NATWEST get them to issue you with all details of the closed account. Even if they have sold the debt on they will still retain data. You can get conformation from natwest you closed the account with nothing outstanding. (they can email you conformation) forward the email to fredrickson and tell them here is your proof it is not your account.

awayinchina

PS. Adequate proof is a signed contract and certainly NOT a sort code and account number that does not match.
this is obviously an account from someone else and by sending you the account number and sort code (that is different) this could be a breach of the data protection act

SideShowBob

Thanks for that.

Am I correct in thinking that if I raise a dispute with Natwest then all collection activity must cease until the dispute is resolved?

nottoolate

freds do this all the time. you are not alone. they think some random print outs will con people into paying debts that arent theirs. if freds have bought it your dispute is with them. dispute with freds and tell them you will be taking it to the fos if they dont back off or provide proof. doing a complaint through the the fos wil cost freds £500, so more than the debt.

vax2002

Dont do anything.
Any debt that old will be statute barred.
They can not produce any agreement, signatures or anything that proves the debt.
Cut the rope and let them drop back in to the slime pool they crawled out of.
Get on with life, IGNORE these stale debt sharks until they put up "with court action" or shut up.
They wont put up or they would have done that straight away.
Whilst ever you communicate with them, the harassment will continue.
You do not convince them of anything, they know 100% what and who this debt relates to, playing silly beggers is how they work hoping you will pay to get rid of them.
There is a much easier way, cut the rope now.

SideShowBob

I'm more than happy to ignore them.

I just get fed up with the 6 phone calls a day.

MrsTinks

Send them the "don't call me letter" It might take as much as 30 days for them to find someone to read it to them but they should grasp it eventually

In the template include something like "In relation to the alleged debt - I have disputed this debt and will continue to do so. This debt is not mine and having explained the error of your data on at least one occasion I will from here forth consider any further contact from yourselves as harassment. Should you insist on contacting me I will have no hesitation in pursuing damages for stress and time wasted. I will charge you at a rate of £10 per hour (or more if your hourly work rate is more LOL) and will have no hesitation in obtaining a court order to recover any monies owed. Further correspondence any more than 3 days after the post mark on this recorded letter will be seen as your acceptance of these terms and agreement that should you fail to prove I am liable for this debt through a court, that you will reimburse me for all my expenses, time lost and stress caused.

SideShowBob

I have just had a letter from Bryan Carter solicitors threatening to take me to court if I don't pay up within 14 days.

How can they take me to court if they haven't provided evidence that this debt is mine?

All they have sent is a printed bank statement with my name and address on it which they feel is adequate proof.

Surely if they went to court they would have to provide the original application form with my signature otherwise its just my word against theirs.

wanna-be-mortgage-free_2

Send a 'prove it' letter to them via recorded delivery and only sign it digitally - DO NOT WRITE YOUR SIGNATURE.

It is for them to prove the debt is yours. Refer them to the OFT guidance that it's unfair to pursue third parties for debts they are not liable for.

If they continue to harass you then you send them the harassment letter recorded delivery.

Tactics from DCAs make me sick.:mad:

SideShowBob

Freds have now sent me a final demand letter saying I have 48 hours to pay up or they will recommend to their clients they take legal action.

Is this just a threat or would they pursue this?

I really don't see how they can if they have no proof it is my debt.

The statement they have sent me has the last transaction being August 2012 so is this their last ditch attempt at getting something before it becomes statute barred.

If they did take me to court would they not need to provide something with my signature on it such as the original application?

Is it possible that this account has become mixed up with the account I had with Natwest?

I just find it bizarre that a company can claim you owe them a debt without definitive proof.

Would it be worth their while taking me to court over £186. How much would they have paid for the debt, I have read somewhere that they can pay as little as 5%.

I apologise for venting but it just enrages me that these people can do this.