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  • catalogue debt

    ok where to begin.... well my partner as had a few accounts with the catalogue companies for quite some time now, 2002 around about, we was doing ok until my partner starting getting things on the buy now pay later plan where things started to mount up. Due to these debts my partner was put on anti depression tablets as she couldn’t cope, been on them for years now. Now these tablets have certain side effects which were becoming more noticeable and it was affecting the relationship of my 5 children and myself, so like a silly bugger I suggested that we would move to try and give her a break from the reason she was on them.

    That was in 2010 and when the default began, We have not acknowledge my partner as of living at our new address but recently the DCA's think they have found us because I took the credit cards debt with us that’s in her name, and continue to pay them as I don’t want to lose the cards. We are in good stead with the cards.

    We have been receiving threading letters for a few months now but the one this morning warranted me to seek help in this matter, in which I found your site, as I don’t want the children to see people taking their personal belongings. The debt was passed to Lowell who has now passed on to Fredrickson .... Copy of some of the letter below..........

    Dear XXXXXXXXX

    LETTER BEFORE ACTION

    THIS DEBT MUST BE PAID IN FULL TO THESE OFFICES WITHIN THE NEXT
    7 DAYS OTHERWISE WE WILL TAKE IMMEDIATE ACTION.

    There remains a balance outstanding on this account and legal action is now being considered. Should it be necessary to issue proceedings in the county court (or the sheriff court as may be appropriate), further additional costs will be added to the balance outstanding.


    xxxxxxxxxxxxxx
    xxxxxxxxxxxxxx
    xxxxxxxxxxxxxx
    xxxxxxxxxxxx
    xxxxxxxxxx

    If a judgment or Decree is obtained and remain unsatisfied a bailiff or sheriff officer may be instructed to recover assets to discharge the outstanding debt...........

    Now what I want to know is, is this just another of them annoying letters to scare you into payment or have things really got this far? and what action can be taken to gain me some breathing space, because looking after a house and 5 children and worrying about my partner being around to see the kids grow up is getting a little too much for me at the moment. Don’t get me wrong, I’m not trying to avoid paying them, I just want to clear the credit cards first, which should be around April next year then I can put together a payment plan for these debts. All help on this matter would be appreciated.

  • #2
    Re: catalogue debt

    Welcome Richard...........

    To help us, to help you, please provide the following information for each account:

    • Type of account (credit card/loan)

    • Date commenced (ideally before Apr 2007)

    • Approx balance

    • Date last paid (approximate date you last made a FULL payment)

    • Are you on arrangement or not paying

    • Status (default/in arrears/up-to-date)

    • Account owner (who is writing to you, a DCA or the lender)

    Also have a read here----------> http://forums.all-about-debt.co.uk/showthread.php?t=4
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Re: catalogue debt

      Hi Richard,
      I agree, in particular you need to send a CCA Request (for a copy of the Consumer Credit Agreement) to Fredericksons immediately since it's headed "Letter Before Action". Probably an empty threat BUT you need to deal with that one first.
      Send the linked letter by recorded delivery on Monday. Full details have been linked to you, but in a nutshell once they receive that request they'll have to put the account on hold until they comply, so it should stop any court threat nonsense. The chance of them complying looks slim from the details you've given.

      Don't worry, we've all been there and you'll get help every step of the way.
      Just shout if there's anything you're not sure of...
      Last edited by Undercover Elsa; 10 November 2012, 15:22.

      Comment


      • #4
        Re: catalogue debt

        The two posts above mine are superb and tell you everything you need to know for now. If it was me in this situation I would send the request to Freds by first class Recorded Delivery. The others can go second class.

        I suspect that this is not a real “Letter Before Action”, but it is headed that way and so needs to be treated as if it is real. In my experience, Freds rely on Bryan “Brain Farter” Carter (an extremely slimy solicitor) to do their litigating for them, so unless things have changed without me knowing about it, I suspect it is a bluff.

        Either way, sending off the linked request letter is the right way to go. Send such a letter for every account you have which is covered by the relevant legislation (ss. 77-79 CCA 1974), and then you can make choices as to what to do next based on facts and not speculation.

        SH

        Comment


        • #5
          Re: catalogue debt

          Once we have more info from Richard about the background of this Fred debt we can advise on a suitable cover letter to go with the CCA Request if necessary.
          After discussion with Paul if it's a genuine Letter of Claim Richard will need to send an acknowledgement and request documents if appropriate, including a para to the effect:
          "please find enclosed a statutory request under s78 Consumer Credit Act 1974 in addition to my request for documents in reply to your letter of claim."

          If it's not genuine, won't do any harm anyway and they'll have to back off.

          On the other hand if it's a bluff then Richard has cause for complaint as it's sure as hell been made to look like one!
          Last edited by Undercover Elsa; 10 November 2012, 17:28.

          Comment


          • #6
            Re: catalogue debt

            Type of account (catalogue- shop direct)

            Date commenced (00/00/2002 we cant remember the exact date)

            Approx balance (5k round-a-bouts)

            Date last paid (monthly payment june 2011)

            Are you on arrangement or not paying (not paying)

            Status (owe the full balance)

            Account owner (DCA Lowell/Fredrickson International limited)

            Thank you for all your comments and advice, very much appreciated.
            Last edited by Richard; 10 November 2012, 17:28.

            Comment


            • #7
              Re: catalogue debt

              Do you know if Freds have been sold the debt or if they are just acting on Lowells behalf? Any letter of assignment?
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #8
                Re: catalogue debt

                It says our client lowell on the letter so I believe that they are acting on the're behave? maybe?

                Comment


                • #9
                  Re: catalogue debt

                  OK. I also forgot to ask whether you own your house or rent? If it's own, is there any equity?

                  Just so we can try and think from the DCAs point of view if you have anything that is worth going after with legal action.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: catalogue debt

                    No sorry, un-employed, no car, council rented property.

                    Comment


                    • #11
                      Re: catalogue debt

                      By the sounds of it, even in the worst case scenario a judge would order payments of £1 per month and as long as you kept up with that there would be nothing they could do.

                      However I believe that the advice given above is excellent and if it was not a real LBA then go kick their asses.

                      Comment


                      • #12
                        Re: catalogue debt

                        Hi there

                        I don't want to confuse things, but just to say that myself and others have recently been successful in reclaiming Insurance that was added to the catalogue account.

                        Not sure if this will apply to you.
                        Depending on what avenue you were going with this really.

                        For example, if you are still paying for any insurance (if any) on the balance of the debt, I would ask them to deduct this as you no longer require it anyway, because your not able to make any claim in this position.

                        If it was the fact that it was automatically added to the account, or any other reason, pressurised etc, you can try making a reclaim.
                        Either way, they will probably use any refund towards the debt balance, but that will surely be a good help for you.

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