02 - Lowell Financial Limited / Fredrickson / Bryan Carter

[johnbob]

Hi All,

I have been receiving letters from Fredrickson regarding a debt with 02 (£2000+fees), that I have no recollection of, it appears to be from 2009/2010. I have been ignoring these letters as I don't have any idea what they are about (also have read from various sources not to contact these DCAs).

Yesterday I received a letter from Bryan Carter solicitors that if the debt is not paid by mid november then legal proceedings will be initiated and I will be liable for legal fees and CCJs will be placed against me. Surely they would not wait 3 years to being legal proceedings for such a small amount? Are they just fishing or is there substance to their threat?

I have managed to read a number of threads posted on the forum, which were extremely helpful but I just don't know how to proceed with this case. I have also seen Lowell/Fredrickson/Bryan carter appear on this forum a lot, so I know I am not alone in being hounded by these thugs.

I have read about CCAs - do they cover mobile phone contracts? Is this a way for me to proceed?

Any advice would be extremely appreciated - I want this matter closed!



JohnBob

[ODC]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Have you ever had an O2 account

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Yes, I had an account with them around 3 years ago. It is only in the last 6months they I have got letters regarding a 2K debt.

[ODC]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Do you know anything about this debt? Have they sent you any proof

[wales01man]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

They do have up to 6 years to chase a debt if its yours you need to find out

[FlamingParrot]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

I have been receiving letters from Fredrickson regarding a debt with 02 (£2000+fees), that I have no recollection of, it appears to be from 2009/2010. I have been ignoring these letters as I don't have any idea what they are about (also have read from various sources not to contact these DCAs).

On your post below, you say you had an account with them so you *do* know what it's all about, although maybe you dispute the amount. :noidea:

Yes, I had an account with them around 3 years ago. It is only in the last 6months they I have got letters regarding a 2K debt.

Yesterday I received a letter from Bryan Carter solicitors that if the debt is not paid by mid november then legal proceedings will be initiated and I will be liable for legal fees and CCJs will be placed against me. Surely they would not wait 3 years to being legal proceedings for such a small amount? Are they just fishing or is there substance to their threat?

They have 6 years before a debt is statute barred, proceedings can be started at any time. £2,000 is not exactly a 'small amount', look around and you'll see a lot of court claims for less than that. out: It only costs £80 to submit a claim through MCOL for that amount. :ohwell:

I have managed to read a number of threads posted on the forum, which were extremely helpful but I just don't know how to proceed with this case. I have also seen Lowell/Fredrickson/Bryan carter appear on this forum a lot, so I know I am not alone in being hounded by these thugs.

I have read about CCAs - do they cover mobile phone contracts? Is this a way for me to proceed?

Sadly, the CCA does not apply to mobile contracts, :mmph: so it wouldn't be the way to proceed in this case. :ohwell: Most of the threads you will have seen involving the companies you mention will be for credit cards, loans and catalogue accounts which ARE covered by the CCA, so the arguments used on many of them wouldn't really apply.

The main argument you could have for dispute in this case would be the amount. £2,000 sounds like an AWFUL LOT :scared: :scared: for a mobile phone bill!

Have you any idea how it came to be that high? Are they adding absurd charges? :noidea:

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Thank you for the above FlamingParrot.

Is it possible to ask for a SAR, to get more information on this debt? They have indicated in their letter that if a response has not been received by 18NOV13, they will begin legal proceedings. The last thing I want is to be slapped with a CCJ.

Any advice on how best to proceed?

Edited*

I have just seen this post on another post, should I ask them what the debt is for?
Dear Sirs

Ref: xxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to Fredrickson International Limited. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and 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 account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

Yours faithfully,

[FlamingParrot]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Thank you for the above FlamingParrot.

Is it possible to ask for a SAR, to get more information on this debt? They have indicated in their letter that if a response has not been received by 18NOV13, they will begin legal proceedings. The last thing I want is to be slapped with a CCJ.

You could send a SAR but they would have 40 days to respond. A SAR should go to the original creditor, not the solicitors or the debt purchasers, who wouldn't have the historical data you'd need, such as statements.

Edited*

I have just seen this post on another post, should I ask them what the debt is for?

On your first post, so say it's for an O2 debt. If you really don't know what the debt is for, then you can send the prove-it letter below. You can't send a SAR if you don't know who to send it to! :noidea:

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

I have been away for a few weeks and in my absence I received a letter from Lowell (29/11/13) stating they have started legal proceedings regarding the the outstanding debt. I clearly don't want this matter going to court and getting a CCJ. They have given me 14 days to respond with my action. I would like you guys advise regarding the next step.. I am in no position to pay this whole debt off, so I was looking to pay a lump sum and end the matter. Is this advisable? If so what is the best way to indicate this, email/letter/telephone?

If not, what would be the best course of action? This has gone on for far too long, I just want this matter closed.

I REALLY appreciate any advice!

JohnBob

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Would really appreciate some help with this guys!!

what is the process for making an offer of lump sum settlement??

[FlamingParrot]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

I have been away for a few weeks and in my absence I received a letter from Lowell (29/11/13) stating they have started legal proceedings regarding the the outstanding debt. I clearly don't want this matter going to court and getting a CCJ. They have given me 14 days to respond with my action.

Is there any chance you could scan or take a picture of the letter, remove all personal details and post it up? :typing:

Do they say what this debt is for?

I would like you guys advise regarding the next step.. I am in no position to pay this whole debt off, so I was looking to pay a lump sum and end the matter. Is this advisable? If so what is the best way to indicate this, email/letter/telephone?

You can make an offer in Full & Final settlement of the account but you have to do it properly to avoid being chased for the balance. Such an offer should be made in writing (by post not email), NEVER by phone. I once made that mistake, before I knew any better: http://www.legalbeagles.info/forums/showthread.php?41122-Aktiv-Kapital-chasing-old-outstanding-balance-after-settlement-(

The settlement should ideally be made via a third party cheque.

[FlamingParrot]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Would really appreciate some help with this guys!!

what is the process for making an offer of lump sum settlement??

You'd start by something along these lines:

Dear Sirs

Ref: xxxxxxxx

I write with reference to your communications regarding an outstanding balance on the above mentioned account and wish to make an offer to suit both parties.

I am unable to settle the balance full, however I am able to raise [£XXX] and wish to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance. I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

As the funds to settle the account are being made available to me by a third party, they will only be available until xx/xx/xx.

Payment can be made within 28 days of receiving your written agreement of this offer and confirmed preferred method of payment. Please write back and confirm if you're interested in my offer then I'll come back to you with more formal terms.

I look forward to your response.

Yours faithfully,

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Thank you for your response flaming! I am at work so don't have the letter with me.

I am a little confused, they have sent me court letters saying response is needed it 14 days, what if Lowell do not respond to my letter? What proof would I have that I contacted them with an offer?

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

I have sent the letter outlining my intention for a final and full settlement. Letter was sent via recorded delivery.

Will i I still need to acknowledge the debt as I have received court letters or by me offering a F&F is this step not required?

[johnbob]

Re: 02 - Lowell Financial Limited / Fredrickson / Bryan Carter

Any ideas anyone?