Frederickson International-CCA advice please!

moneymeltdown

Frederickson have not responded to my letter requesting a cca within the 12+2 time period . I have cancelled my direct debit with them today.Can I go ahead a send them the 30 day letter now?

Ames

Yes send them the letter. My 12+2+30 with them is up on the 30th of this month, haven't heard a whisper from them yet.

moneymeltdown

Frederickson have responded to me with this...

"We have been notified by your Bank that the Direct Debit instruction to us has been cancelled.

As a result,you have breached your payment agreement.Further action will now be taken to enforce payment of this debt."

How should I respond to this? What 'further action' can be taken,if any?

setmefree

moneymeltdown wrote: »

Frederickson have responded to me with this...

"We have been notified by your Bank that the Direct Debit instruction to us has been cancelled.

As a result,you have breached your payment agreement.Further action will now be taken to enforce payment of this debt."

How should I respond to this? What 'further action' can be taken,if any?

Have you got proof of postage regarding your CCA

moneymeltdown

yes I have

setmefree

OK LET THEM HAVE THIS ONE, special delivery of course and only print your name never sign, dca's are known for copy and paste..


Account In Dispute

Letter Before Action
Your Ref )
Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, XXXXXXXXhave failed to comply with my Consumer Credit Act request enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXXand XXXXXXXXrespectively.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore as at XXXXXXXXXthis account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If XXXXXXXXXchooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

It is also my belief that your continued pursuance of this matter also constitutes an
offence under Section 40 of the Administration of Justice Act 1970.

Failure to respond favourably to this Letter within Seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.
I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully

fanofmartin_2

As the debt is now indispute, no action can be taken on it, until the original cca is produced.

I am sure someone who is infinitely wiser than me will post, but I think thats correct. Good luck stopping payments btw.

moneymeltdown

Thankyou so much setmefree...I will send this first thing tomorrow!;)

setmefree

No worries

moneymeltdown

stapeley wrote: »

Thats completely up to you , I would wait and if they do not respond within the 12 +2 days , I would not pay any more till they comply . But you have to be sure of what that could result in .

I have just re-read this bit and just wanted to ask what cancelling my direct debit with frederickson could result in?
I have already done this as Frederickson did not comply within the 12+2 timeframe. help!