Old debt - Fredricksons asking for payment

spartacus72

Hi, I have been receiving letters from Fredrickson International demanding a payment of £531 in regard to a Capital One card i had some time ago. There is no reference of dates on the letters as to when i had this debt or when it defaulted. After checking my Credit Reference file there is absolutely no sign of it. So im assuming this debt has past the six year mark and dropped off my report file? I do have some faint recollection of having this visa card so it probably is a legitimate claim. Oddly though, they are to using my middle name and not my first which Ive never seen on any legal documentation before.
The debt has now been passed 'i think' to Bryan Carter Solicitors and they are threatening court action.

I dont want a ccj on my file, ive spent the last number of years putting my file back in order to a 'good' standing.

What do you think i should do?

Powered_By_Pies

Nothing. They're fishing.

If you want you can send them a prove-it letter - I don't have the link to hand but I'm sure someone else will be along shortly to provide the link.

Its up to them to prove the debt, not for you to prove it isn't.

harveybobbles

Use it as toilet paper.

will be full of words like if, may, could, intended etc.

sourcrates

Here you go :


https://forums.moneysavingexpert.com/discussion/2607247


adapt it to your situation, by sending this you are not acknowledging any debt, just asking them to prove there claim, if, as you suspect, its over six years old, then you just write back stating its statute barred.

spartacus72

Thats great, thankyou. Sent the letter today.

jaynesastar

Hi my husband is in same situation
He has capital one credit card over 6 years ago they are now threatening door step negotiations ! On the letter it states which card and account number and the amount. I have also checked noddle and there is no sign of this file just telecommunications one from 3 years ago that he is sorting out. Can we to use this letter ?

sourcrates

jaynesastar wrote: »

Hi my husband is in same situation
He has capital one credit card over 6 years ago they are now threatening door step negotiations ! On the letter it states which card and account number and the amount. I have also checked noddle and there is no sign of this file just telecommunications one from 3 years ago that he is sorting out. Can we to use this letter ?

Yes, same as above, adapt for your situation, they are required to prove the debt is collectable, sending this, you are asking for proof, that the debt is his, and that its legally collectable.

National_Debtline

Hi there,

In addition to the great advice from Sourcrates - it may well be that the credit card debt is 'statute barred', you can learn more about what that means within this fact sheet.

Best wishes,

David @ National Debtline.

jaynesastar

Brilliant thanks. I've just picked up the letter from another thread. The collectors I'm having issues with is Robinson way. I'm going to send the letter tomorrow.

Just one question he has two debts one for capital one which is old and the other O2 now one of them he offered ages ago to pay £20 . Nothing was signed it was only over the phone . Neither of us can remember if it was either of them. Can they come with anything once we've sent that letter?

Also even though it not on his credit file anymore can mortgage lenders still see this old debt that is now none existent ?

fermi

Any acknowledgement MUST be in writing and signed to count, so no, an offer made over the phone makes no difference at all to whether it is statute barred.

Mortgage lenders will not see the debt on a credit search, but if you are asked to declare outstanding debts then you must tell the truth.

spartacus72

sourcrates wrote: »

Here you go :

LINK REMOVED

adapt it to your situation, by sending this you are not acknowledging any debt, just asking them to prove there claim, if, as you suspect, its over six years old, then you just write back stating its statute barred.

ok so i sent the 'prove-it' letter and have just received a reply..

OUR CLIENT: CAPITAL ONE (EUROPE) PLC

We thank you for your letter dated 31st May 2014 and note the contents.

To ensure that we are communicating with the correct person could you please confirm your date of birth and details of your previous address in Darlington.

Your Sincerely.......


Should i send them this information? The strange thing is that i havnt lived in Darlington for over 14 years and ive had 3 addresses since then in a different county.


Hope you pro's can help me.