red debt collection???

[ryanharrison]

i have received a letter from red debt collection. threatening county court action for a old t-mobile bill from about 4 years ago... but also when i had this mobile contract i was living at my parents address since then i have lived at 2 other address and as far as i am aware my address now is not linked on my credit file to my parents... how on earth have they wrote to me at this address???

anyway the bill is only for £85 and i never paid it because they stitched me up for an extra months billing and there customer service was terrible and i was younger and foolish and decided not to pay...

I never signed a contract for this mobile i done it over the phone.

can these people take me to court for a contract i never signed for. and can they attach it to my credit file now at my new address where they have found me.

also i have never phoned them or acknowledged any of the letters and they could be writing to anybody...

could anybody advise my on the best course of action....

many thanks...

[Mr lex]

Hi Ryan,

First of all, if this is your real name, you might want to conceder changing it, you never know who is watching

You need to ask Red debt for a full CCA. there is a letter you can use here:- Creditors and DCAs - Letter Templates & Budget Planner

There are several, you need the one marked 'N'

You must start your letter with ' I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY ' and always print your name, never sign any letter to a DCA.

There is more info. on dealing with DCA's here :-

Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

Hope this helps

Lex

[ryanharrison]

i thought that mobile phone companies dont need to have a cca to persue a debt am i wrong???

[andrew1]

They'll register a default too at the CRA's.. just for good measure, so get that cleared too..

[ODC]

Most mobile phone debts are NOT subject to the CCA 1974. Red Debt still have to PROVE you owe money and that they have a right to collect it.

Send them this (obviously you will have to alter it to suit)

Dear Sir/Madam

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

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

I/we 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 OFT of your actions.

I/we look forward to your reply.

Yours faithfully

[MARTIN3030]

Good post ODC.Yes its correct that these contracts do not fall within the CCA.
My guess s that this should be the end of the matter with RDC and the account will probably be sold on as usually happens.Am not sure whether they will respond to the letter...maybe a good idea to add the following ;

As you have now been made aware of my position regarding this,I trust you will refrain from further recovery attempts to collect payments from me. Should you choose to pass on or sell on this account to other agents with the view that the alleged debt is collectable whilst knowing my response to yourselves here,then in doing so, will be a party in continuing to breach OFT guidelines on debt collection and therefore will be accountable for any such breaches.

[ryanharrison]

thanks i will post that letter today and will post there response if i get one...

[ODC]

Originally Posted by ryanharrison

thanks i will post that letter today and will post there response if i get one...

I think we already know what their pathetic response will be

[boyboynova]

I so love Lowell/Reds......NOT
Send them the bog off /prove it letter and
They will just shrivel up,just like putting salt on a slug