Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedings!

[milliesk0]

Hi All, I'm new to the forum and would really appreciate some advice........My Husband has received a letter from Bryan Carter saying that Fredrickson have instructed him to issue court proceedings on the 24th June (on behalf of Lowells) if he doesn't pay approx £205.91. I have asked him what this is about, and apparently he has been ignoring letters from Lowell for ages, and doesn't really know what it relates to (!).

(The letter is the standard one that is posted elsewhere on this site.....ending with 'This matter has now reached a stage where you may want to obtain independent legal advice')

He hasn't retained any of their letters, but thinks it might have said O2 on them. We have gone to Equifax to get his credit report to see if there's anything on there, (or to confirm its statute barred)..... but have now to wait to get a PIN through the post so he can see his credit file, (to confirm identity)

He hasn't had any mobile phones with O2 for a long time, so I think the debt may be statute barred anyway from what I gather? If it doesn't show on his credit file does that mean it is?
How should he respond to Bryan Carter/Lowell/Fredrickson? (after he gets out of the dog house!) :doggieyes:

Sorry for so many questions!

Thank you in advance

[Vircoa]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Hi,

what i would be doing is sending a prove it letter to BC as soon as possible.

it would only be stat bared if there has been no payment or written acknowledgment of the debt in the last6 years. But it will not be visible after 6 years from the date of default, so it may still be enforceable (but not without proof).

if you want quick free access to his credit file use noddle.co.uk

dont net panic as yet it looks like they are trying scare tactics at the minute. And if it's the same letter I've received before now it is cleverly worded with things like "we have strict instructions" or "our client has instructed us to" they are not saying "we will commence legal action".

once you've sent a prove it letter they will more than likely respond quite harshly but don't worry post up and some one will help :-) also if you would like more assistance post a copy of the letter on here (obviously with out the personal bits)then we can have a read through and advise better.

hope this helps

:-)

[milliesk0]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Hi thanks for your reply!....is there a link to the letter I should send to BC?....can't seem to find one by doing a search (probably need a little time to find my way around)

[Vircoa]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Dear Sir/Madam


Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully




please dont sign the letter but type your name DCA's can be a bit dodgy at times

[milliesk0]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Dear Sir/Madam


Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully




please dont sign the letter but type your name DCA's can be a bit dodgy at times

Thanks so much for your reply.........I'm not sure if he has no knowledge of it, or can't recall as it's ages ago, (and he's filed the previous letters in the bin)......soI have amended it slightly to say no knowledge or recollection, do you think that will be OK? From what I have been reading, it appears that they have to prove that the debt exists and belongs to him?

It looks like BC just expect people to pay up regardless of whether a debt exists or belongs to that person........ Is he not supposed to say what it relates to in his letter?

You said that you have had this letter from BC before? I would be very interested to know what happens next!

[Vircoa]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Hi, I would keep keep it as no knowledge of the debt and the response I got was very harsh indeed but a quick complaint letter has shut them up for about 3 months now so I am awaiting their next move, with BC they can be very quick to produce court papers but don't worry there is set protocol they have to follow but. With this letter they will need to provide you with proof as to what the account is for and that they have the right person. Don't expect a quick response they may take a while which is good if it's not quiet stat bared :-)

hope this helps

[milliesk0]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Hi, I would keep keep it as no knowledge of the debt and the response I got was very harsh indeed but a quick complaint letter has shut them up for about 3 months now so I am awaiting their next move, with BC they can be very quick to produce court papers but don't worry there is set protocol they have to follow but. With this letter they will need to provide you with proof as to what the account is for and that they have the right person. Don't expect a quick response they may take a while which is good if it's not quiet stat bared :-)

hope this helps

Thanks so much!! Do you think this will do it? (slightly modified letter)

I write with reference to your letter dated 10^th June 2014, regarding the above account, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt, therefore I do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules:

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you would be using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment would amount to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.
Unless you can provide this evidence I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I await your written confirmation that this matter is now closed.
I look forward to hearing from you.

(It wouldn't let me attach a file...)

I just hope hubby appreciates this hassle....I 'm half tempted to pay the flipping thing to get rid of them.....:doggieyes:

[FlamingParrot]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Hi All, I'm new to the forum and would really appreciate some advice........My Husband has received a letter from Bryan Carter saying that Fredrickson have instructed him to issue court proceedings on the 24th June (on behalf of Lowells) if he doesn't pay approx £205.91. I have asked him what this is about, and apparently he has been ignoring letters from Lowell for ages, and doesn't really know what it relates to (!).

(The letter is the standard one that is posted elsewhere on this site.....ending with 'This matter has now reached a stage where you may want to obtain independent legal advice')

He hasn't retained any of their letters, but thinks it might have said O2 on them. We have gone to Equifax to get his credit report to see if there's anything on there, (or to confirm its statute barred)..... but have now to wait to get a PIN through the post so he can see his credit file, (to confirm identity)

He hasn't had any mobile phones with O2 for a long time, so I think the debt may be statute barred anyway from what I gather? If it doesn't show on his credit file does that mean it is?

Whether it's SBd would depend on whether there's been payments or written acknowledgment after the default was recorded (presumably it's dropped off after 6 years).

Bear in mind BC do issue court papers and the wording you mention does make it sound like a letter of claim or letter before action, and, if you look around, you'll see they DO like to take action.

There are 3 options:

1. Send the prove it letter as posted, which would be more appropriate if he really had no idea what this refers to;
2. Send a SBd letter, if this is likely to be SBd; or
3. Respond to the letter as if it was a letter of claim (which it sounds like it is), quoting the pre-action protocol, as per the one posted here: http://www.legalbeagles.info/forums/...054#post443054 You'd have to amend it to suit as you'd have to ask for the contract rather than the credit agreement and obviously remove the bit about sending a CCA request which wouldn't apply to a mobile contract, but they'd still need to produce proof of the debt.

Up to you... :decision:

[milliesk0]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Whether it's SBd would depend on whether there's been payments or written acknowledgment after the default was recorded (presumably it's dropped off after 6 years).

Bear in mind BC do issue court papers and the wording you mention does make it sound like a letter of claim or letter before action, and, if you look around, you'll see they DO like to take action.

There are 3 options:

1. Send the prove it letter as posted, which would be more appropriate if he really had no idea what this refers to;
2. Send a SBd letter, if this is likely to be SBd; or
3. Respond to the letter as if it was a letter of claim (which it sounds like it is), quoting the pre-action protocol, as per the one posted here: http://www.legalbeagles.info/forums/...054#post443054 You'd have to amend it to suit as you'd have to ask for the contract rather than the credit agreement and obviously remove the bit about sending a CCA request which wouldn't apply to a mobile contract, but they'd still need to produce proof of the debt.

Up to you... :decision:

Oh thanks for your advice FP.....I really appreciate everyone's help. .....As it's so long ago, he really can't remember properly what its about, but I really want to keep the response as above board as possible. Haven't managed to access credit report yet to confirm if it's SB'd (couldn't access Noddle as he doesn't have ANY cards - credit or otherwise - to check identity....had loads of issues in the past, hopefully there'll be no more to bite him on the bum) - one lesson learned is to get a cc in his name when this is sorted.

Still awaiting the PIN code for Equifax, will know more when we can get access to the report I guess. I guess we could send the letter you suggested about the pre-action protocol which would delay things a bit to allow us to get on Equifax and see the damage!

[milliesk0]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Slightly modified letter...

(Firstly, I do not acknowledge any debt to you or any other company or organisation that you claim to be representing).

Thank you for your letter dated 10^th June 2014 regarding the above. As the letter contains a threat of litigation, it is being treated as a formal letter before action.
As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need. (See below).

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request for further information is for the following documents, as the information I require would come from those documents, and I do not have them in my possession.

I require copies of the following:
· The original credit agreement or contract
· The Default Notice
· The Termination Notice
· The Notice/Deed of Assignment
· Original Statements of account

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim.
Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above.
Please note I also reserve the right to refer to the contents of this letter if proceedings are issued without first providing the requested documents to me.

Yours sincerely,

Hope this looks OK...will post tomorrow if it does :help:

[FlamingParrot]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Oh thanks for your advice FP.....I really appreciate everyone's help. .....As it's so long ago, he really can't remember properly what its about, but I really want to keep the response as above board as possible. Haven't managed to access credit report yet to confirm if it's SB'd (couldn't access Noddle as he doesn't have ANY cards - credit or otherwise - to check identity....had loads of issues in the past, hopefully there'll be no more to bite him on the bum) - one lesson learned is to get a cc in his name when this is sorted.

Still awaiting the PIN code for Equifax, will know more when we can get access to the report I guess. I guess we could send the letter you suggested about the pre-action protocol which would delay things a bit to allow us to get on Equifax and see the damage!

That should put the ball in their court.

If they intend to start legal action, they should have the documents in their possession. I could bet a million quid that they won't have them, knowing the Dynamic Duo we're talking about.

Hope this looks OK...will post tomorrow if it does :help:

If it's a mobile contract, there won't be a credit agreement and probably not a termination notice either, but if they've not explicitly mentioned a mobile contract in their letter, then that leaves it open and it will be up to them to say so. :thumb: There should still be a contract and statement of account. Let's see what they come up with, I bet they won't be expecting THAT response! :grin: :grin: :grin:

[milliesk0]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

That should put the ball in their court.

If they intend to start legal action, they should have the documents in their possession. I could bet a million quid that they won't have them, knowing the Dynamic Duo we're talking about.

If it's a mobile contract, there won't be a credit agreement and probably not a termination notice either, but if they've not explicitly mentioned a mobile contract in their letter, then that leaves it open and it will be up to them to say so. :thumb: There should still be a contract and statement of account. Let's see what they come up with, I bet they won't be expecting THAT response! :grin: :grin: :grin:

Letter sent!! stand by for my bleating when the nasty response arrives...

[Vircoa]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Quick update after sending a copy of my prove it letter to Lowell I have had a response advising that they have closed the account and that they will up date my credit file. It may be worth sending a copy of the letter you sent to BC to Lowell as well :-)

[milliesk0]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

Quick update after sending a copy of my prove it letter to Lowell I have had a response advising that they have closed the account and that they will up date my credit file. It may be worth sending a copy of the letter you sent to BC to Lowell as well :-)

RESULT! .....We haven't had anything back yet.......no news is good news, but actually can't believe that they think sending a letter saying 'pay us £X or else we'll take you to court...' before you have had time to find out what it's all about is acceptable. If an ordinary person did that I know what I'd say!! I know hubby will have had some info over the past months/years(!) but that's ridiculous.

I hope BC is liaiasing with Lowells to obtain the documents I requested!

[Vircoa]

Re: Hi Help Please ? O2/ Lowell/Bryan Carter/Fredrickson threatening court proceedi

They think there big and cleaver and try to scare people into paying with the threat of legal action, the same goes for all DCA's you will find that pretty much every letter the send will have mentioned court action. You have to remember that the courts are abliged to be fair and only look at the information provided to them. The chance of them having paperwork is very low due to the amount. I would send a copy of the letter to Lowell along with another stating the legal bits of the prove it letter I posted up. This would show Lowell that you are going to be just as aggressive in defending it as they expect BC to be in collecting. As they are the creditor the will have to respond to your dispute and if they can't prove it they will more than likely send you a letter closing the account.

good look and don't worry