Red debt collection service are going to make me bankrupt

[vikki75]

I have been having letters from hamptons,lowell and now red about a shop direct account that I had from 2002.

I cca'd hamptons and recieved replies from lowells. After waiting over 5 weeks they sent me a letter saying that my cca was being retrived from the archives and when it is found i will be required to pay in full.

That was the last i heard from them untill today when I got a letter from Red telling me that they have bought the debt from lowells and that because I have failed to arrange a payment plan, they can now apply to the courts to make me bankrupt as teh debt is for £930.

 

I am aware that all these DCAs are the same company so is there anything I can do about this? Should I CCa red?

 

Any help would be great thanks

 

Vikki

[cymruambyth]

They haven't that they are taking you to court, just that they can, yet another scare tactic

Youcould send the account in dispute/bemused letter; I'll post it when I find it.

[cerberusalert]

Although they are all one and the same company send them this;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[vikki75]

Thanks I have already got that one saved on my comp. Just wasnt sure what they can do seeing as though no cca has been produced for this debt. Its just being passed between the 3 DCAs:mad:

[PGH7447]

and inform watchdog re lowlife:D and their pet doggies

[cymruambyth]

This is the letter. I think it was written by Curlyben - thank you.

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

[cymruambyth]

Ooops, too slow:D

[cerberusalert]

They all share the same desk in Leeds, if you look at the bottom of their letters it should say that they are part of the Lowell group.

 

Without a CCA they can do doodle squat.

[vikki75]

I think its a bit cheeky that the 3 of them are sending me letters. They need to change their templates though as they are all very much the same. God I hate DCAs

[vikki75]

they are a trading style of lowell financial ltd. Love the wording lol

[42man]

When was the last time you made a payment to this debt ? Has there been a gap of 6 years anywhere, where you have neither acknowledged the debt or paid anything towards it ? Red are well known for chasing statute barred debts...

[vikki75]

too be honest i'm not sure when any payment was made as I did alot through CAB but there were a few dcas that didnt reply to them. How would I go about finding out?

[JonCris]

Don't write, let them prove it. Asking questions will only encourage them & they may try to claim you have acknowledged the debt

 

Red are well known for trying to enforce time barred debts using Statutory Demand's & if they do we will help you make an application to strike out AND obtain costs

[cerberusalert]

too be honest i'm not sure when any payment was made as I did alot through CAB but there were a few dcas that didnt reply to them. How would I go about finding out?

 

You don't need to do anything, they haven't complied with your CCA request. Even if they do it has to be enforcable, if it is there's the Subject Access Request route you can take to find out exactly when the last payment was made.

[42man]

If it was me in your position...I would definately send out letter 'M' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html and send recorded....asking for the agreement is a good move, however this may not stop them from hassling and sending more generic rubbish to you...bear in mind that once you state that you will not pay towards a debt that is statute barred, unless they prove otherwise, (which they have to do) then they cannot continue to harrass you. They can continue to attempt to collect a statute barred debt (BUT NOT if you state you will NOT be paying towards a statute barred debt) (and some will try and take you to court in the hope you won't defend) -

 

OFT guidelines on debt collection 2.14 (b) -

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[vikki75]

Thanks for that i will give it a shot with that letter

[vikki75]

I sent red letter M and got a reply from lowells telling me that the limitation doesnt apply as the last payment was made 2 yrs ago, so it was obviously one that I set up on token payments with CAB. They are still in default of my CCA request so just wondering where to go from here? Any help would be great as its one on the biggest ones at just over £600

[sam614]

sub

[JonCris]

I sent red letter M and got a reply from lowells telling me that the limitation doesnt apply as the last payment was made 2 yrs ago, so it was obviously one that I set up on token payments with CAB. They are still in default of my CCA request so just wondering where to go from here? Any help would be great as its one on the biggest ones at just over £600

 

A bankruptcy petition can only be sought if the amount is £750 or more:)

[rameses_qc]

To make someone bankrupt will cost them around the region of £2,000 and they will get nothing in return. If a DCA buyer has paid round about £40-£60 for a £930 debt, would it make good business sense? Stat demands are 10 a penny, but don't ignore it. Make sure you have it set aside and go for costs

[Enron]

If they are in default of the CCA request, and are requesting payment of funds they could find themselves in very hot water.

 

Technically that is enforcing an agreement whilst they are legally barred as section 78(6) CCA is in force.

 

I have it confirmed to me by the Office Of Fair Trading that a creditor in default of a s78(1) CCA request, may not enforce an agreement at all either with or without a court order until the request has been completed.

 

Here are the pages I had in response to an enquiry:

 

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

 

Requesting payment, and threatenning to make you bankrupt would be further acts of enforcing the agreement - whilst they are legally barred from doing so.

 

Complain to the Office Of Fair Trading at what Lowell and their associated companies are doing.

 

And write to Lowell, enclosing copies of the three pages informing them that you have made a complaint to the OFT - and that you look forward to them completeing your s78(1) CCA request made on xx/xx/xxxx.

[vikki75]

I have just had a letter today from Red stating that they are going to go ahead with court proceedings and apply for bankrupcy on me. The debt is actually for just over £900 (dont know why i thought it was less) so i'm a bit worried now

Any help and advice would be great please