Fredricksons LBA

[skanker]

Hello Sloth (ref: http://forums.all-about-debt.co.uk/s...g-Court-Action).

Im interested to know if you have any updates on this matter?
I've been reading the thread with interest as i've just received a "letter before action" letter from Fredrickson's myself today and am figuring out how to handle it.

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

Care to share a bit more as we can help. No two cases are the same so don't try and copy others as their methods & circs could be entirely different to yours.

[skanker]

Re: Bryan Carter/Lowell Threatening Court Action

Thanks, really appreciate to offer of help.

I defaulted on an O2 account late 2012 (£790) and have been receiving sporadic letters from Lowell's since they bought the debt.
I have previously ignored them all and they actually stopped arriving for almost six months but i then phoned them up a couple of months ago to enquire about settling the account on the condition the default is removed from my credit file.

To clarify, Im not in a position to pay the balance myself but a friend has offered to lend me the money if needed. I did contemplate taking up there kind offer but decided i would only do this if i could come to an agreement of removing the default notice. As its already on my CR file i dont see much point in getting into more debt and getting nothing back from it just to appease Lowell.
This was over the phone and i was told this is not an option so we ended the conversation there. I have made no offer in writing or any payments to Lowell or Fredrickson.

Roll on two months and the end of last month i got a letter from Fredrickson requesting payment in full and then today another from Fredrickson titled " letter before action"

Im thinking of making an offer of £1 per month for the entirety of the balance as thats all i can afford and is in line with all my other debt payments.

All my other debt defaults have since dropped of my credit file this month so i am a little worried i may end up with a CCJ from this along side the Lowell default thats already in place.

Any advice would be most appreciated?

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

Woah. Sod that. No offers here mate!!

can you email me the letter please - unedited. My email is shown below.

I'll then help you sort this.

[skanker]

Re: Bryan Carter/Lowell Threatening Court Action

Thats an offer i cant refuse, Many thanks!!!

Just sent....

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

I'd respond to Fred's as follows - send it recorded delivery (orange sticker);

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 6 May 2014 which you state is a Letter Before Action (LBA).

I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently and the court will take into account failure to comply with PD-PAC.

Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.

You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

For the avoidance of doubt the documents that I require to be sent to me are as follows:

1. A copy of the original signed contract of agreement;

2. A copy of the Default Notice;

3. A copy of the Termination Notice;

4. A copy of the Notice of Assignment;

5. Copies of statements;

6. Copies of any communication between yourselves and the creditor.

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed.

You will no doubt be aware of paragraph 9.7 of PD-PAC. It is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued.

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

Sign on Signature Strip

[skanker]

Re: Bryan Carter/Lowell Threatening Court Action

Good morning N.I.D

Printed and ready to post, Will give you guys an update if or when they respond.

Many many thanks for taking the time with this mate, I truly am grateful.

Enjoy your weekend!

I'd respond to Fred's as follows - send it recorded delivery (orange sticker);

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated 6 May 2014 which you state is a Letter Before Action (LBA).

I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently and the court will take into account failure to comply with PD-PAC.

Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.

You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

For the avoidance of doubt the documents that I require to be sent to me are as follows:

1. A copy of the original signed contract of agreement;

2. A copy of the Default Notice;

3. A copy of the Termination Notice;

4. A copy of the Notice of Assignment;

5. Copies of statements;

6. Copies of any communication between yourselves and the creditor.

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed.

You will no doubt be aware of paragraph 9.7 of PD-PAC. It is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued.

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

Sign on Signature Strip

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

Good luck pal. Keep us updated.

[skanker]

Re: Bryan Carter/Lowell Threatening Court Action

Thanks mate and will do, I do have one last question for the time being tho if you dont mind please.

I've noticed on the letter that their address is a PO box number.

Do i use that or one of the following addresses i've found online?

Address

Fredrickson International Limited
PO Box 260
Weybridge
Surrey
KT13 0YH

Registered Address

Ellington House,
9 Savannah Way,
Leeds
LS10 1AB

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

Send to weybridge Surrey but instead of registered delivery send 1st class and get proof of postage.

[skanker]

Re: Bryan Carter/Lowell Threatening Court Action

Many thanks!

[skanker]

Re: Bryan Carter/Lowell Threatening Court Action

Good luck pal. Keep us updated.

Hi N.I.D

Its been a while i know but as promised im finally back with an update after Fredrickson at last got back to me on this matter.

To recap, I posted your recommended letter to them via singed post on 9/5/2014 and this week received a letter dated 29th Sept telling me to "Please find enclosed your statement of account as requested"

I am confused tho as the statement they have sent has hardly any info on and just has my total outstanding at the bottom. it certainly does not look official.

In the letter they confirm that Bryan Carter were only instructed to send a letter before claim and they remained instructed in the matter. They also confirm no proceedings have yet been instigated and further state that their client has complied with the pre-action protocol so far as it applies to this matter.

To add, they state that if i require an original agreement it is to be obtained from the store i took the contract with. (Even though my dealings were always online)

And finally, Im asked to contact them by 10th october with a payment proposal. adding, if i don't collection activity may resume


Hope you dont mind but i would sure appreciate some friendly advice on all of this mate?

Many Thanks

[ATW]

Re: Bryan Carter/Lowell Threatening Court Action

they state that if i require an original agreement it is to be obtained from the store i took the contract with. (Even though my dealings were always online)

Huh? Where do they get that nugget of advice from? The creditor has to deal with your request for a copy document not the store that you were in when you signed the agreement. The agreement is between you and the creditor not you and a particular store.

[skanker]

Re: Bryan Carter/Lowell Threatening Court Action

Hi Guys.

I think your getting me mixed up with the original Poster, Sloth.

I came in on post 43 with a similar issue to his hence tagging onto the same thread.

Any advice you can offer would be most appreciated

Thanks!

[PlanB]

Re: Bryan Carter/Lowell Threatening Court Action

I came in on post 43 with a similar issue to his hence tagging onto the same thread.

skanker.

I'll get your posts shifted to a new thread of your own so you can update it and get the help you need with your O2 debt

http://forums.all-about-debt.co.uk/s...l=1#post395881

PlanB x