hi,

A - no they can't pass a debt on that's in dispute!

B - No need to CCA them, you've done that already!

Send Intrum this, just edit to suit:

ACCOUNT IN DISPUTE AND PASSED ON TO ANOTHER DCA

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 CCA 74.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, 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.

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.

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.

Yours faithfully

Send recorded delivery and do not sign it, print your name

PV

In my opinion, I would still send the statute barred letter and see what they have to say.

If they write back and claim it's not statute barred then you can ask them for a copy of the Consumer Credit Agreement in order to prove that a) the alleged debt actually exists and b) it's enforcable in law.

Don't worry about it being "passed" to RED Debt, it's not a different company, it's just another name they use in order to fool you into thinking that they are escalating their collection process.

As I said before, it's up to them to prove that you owe them money.

If I knocked on your door and demanded money you would demand some proof that I had a right to it before you gave me any of your hard earned cash?

Keep us posted.

PV

Maybe this is them:

UK debt recovery by Debt Collection Services Ltd.

I drive past their tiny office every day but I've never seen any activity inside.

PV

Hi,

I've PM'd one of the more experienced people on here to see if they'll take a look at your CCA.

I'll keep an eye on your post and bump if needed.

PV

Hi,

You've done everything right so far.

Can you post up the document you received in response to your CCA request?

That way someone may be able to look and see if the CCA is enforceable.

If it's unenforcable then court action etc would be out of the question.

PV

Looks good to me!

Send it recorded, print and don't sign your name.

Keep us posted.

Good Luck.

PV

You could send them a "prove it" letter if you don't know what they are chasing you for.

a S.A.R. will cost you £10, a prove it will cost nothing but might get them to show their hand?

Edit this 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

PV

To stop the phone calls, send them this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

PV

Hi,

It is up to THEM to prove that you owe them money, not for YOU to prove that you don't.

You could send them this letter, edit to suit and send RECORDED or SPECIAL delivery.

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

Do NOT SIGN it, print your name.

At the top of the letter in BOLD type, "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY"

PV

Hi kezmerrelda,

CONGRATULATIONS!

Well done!

I got my SD from RED (a.k.a. Lowells) set aside on Wednesday, and they didn't show up to my hearing either.

I've been waiting 3 weeks for a CCA... nothing yet.

Anyway, like I say.... CONGRATULATIONS!!!

PV

Hello again Reg,

Yes, my SD was issued in the name of RED Debt Collections.

On my application for a set aside, I wrote "RED Debt Collections (a.k.a. Lowells Financial).

The judge took copies of all letters and I explained to him that they operate under different "trading styles" so I'm happy that all's well and the set aside stands.

The judge did say to me while peering over his glasses, "I'm quite aware how they operate Mr PossVox". So I think he's had some dealings with the Leeds Losers before (allegedly)!!!

PV

Hi,

First of all, DO NOT SPEAK TO THEM ON THE PHONE! Make sure everything is in writing.

Do you have any idea what they might be chasing you for?

You're in the right place for advice and support

PV

Thanks for that advice Godmother,

Thanks to CAG, I kept copies of everything in a pocket file. The judge at the set aside hearing stated that I'd done my research and my paperwork was excellent!

I'll run some more copies off and have them ready for the 30 day default date.

I also intend to copy everything to my local MP.

PV

Thanks Dannyboy,

I'm waiting for their 30 days to be up then I'll be firing off my complaints to one and all.

PV

Hi,

I just got a Stat Demand set aside this week.

My thread is here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/134225-advice-please-sd-received.html

I hope it's of interest and helps you.

PV

In this morning's post:

Still no CCA or any other communication from Leeds Losers.

What next? Let sleeping dogs lie?

PV:-)

Hi,

I don't think you need to anything more at the moment.

Wait and see what they have to say.

DO NOT PHONE THEM! If they start to phone you, send them the telephone harassment letter to stop them calling.

PV

subscribing

Hi,

A debt becomes "Statute Barred" after 6 years have elapsed and no written acknowledgement of the debt and no payments have been made in that time.

Seems like some of the DCAs buy up statute barred debt very cheaply and then try to persuade people to cough up the money because they don't know their rights.

You've found CAG and so now you DO know your rights!

You should send them this letter edited to suit:

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

Dear Sir/Madam

Acc/Ref No 4563210025897412

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

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “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”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

Mr A N Other

PRINT your name, DO NOT SIGN the letter.

Send by recorded or special delivery and keep your receipt.

Good Luck!

PV

Hi,

Lowells specialise in buying up Statute Barred debts for a few pence in the pound and then pressurise people to pay up as they don't know their rights.

Now you've found CAG, you DO know your rights and so YES, send them the Statute Barred letter:

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

Dear Sir/Madam

Acc/Ref No 4563210025897412

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

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “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”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

Mr A N Other

Send it recorded or special delivery, keep your receipt, DO NOT SIGN the letter, PRINT YOUR NAME.

Good Luck!

PV

Hi,

Send them this letter, edit it to suit, PRINT your name, don't sign it:

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

PV

If they come back saying it's not stat barred then you will have to ask them to prove it!

Send them the stat barred letter see what nonsense they come back with!

They bulk buy stat barred and unenforcable debts for a few pennies in the pound and then send out the threatening letters in the sure knowledge that some people will be terrified enough to pay!

Of course that's NOT going to happen to you now that you've found CAG!!!

Good Luck

PV

p.s. thanx for tipping the scales!

Have a look at this letter template and see if you could edit it to suit your circumstances:

Dear Sirs

Ref: XXXX

I refer to your letter dated 8th May 2007 in which you state that it essential that I telephone your office immediately. I will not be telephoning your office.

On 1st April 2007 I wrote to you requesting a copy of the credit agreement you allegedly hold in my name, under the Consumer Credit Act 1974 (Sections 77-79). On 3rd April 2007 a member of your staff signed for delivery of my written request, and I have an electronic proof of delivery showing his/her signature and the date.

A copy of the credit agreement should have then been supplied to me within 12 working days.

To date you have failed to respond to my request.

I still require you to send me a true copy of the original credit agreement that allegedly exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. I have made a reasonable and lawful request for a true signed copy allowed by the Act. Indeed, The Office of Fair Trading (OFT) states that “if a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order. If a default lasts for a month (for example a calendar month) it constitutes an offence.

I must advise you that any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account.

I expect no other communication from you in respect of this matter except for confirmation of compliance with my requests.

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me

Yours faithfully

PV

Have a read of this "Prove It" letter template and then consider your options:

Dear Sir/Madam

Account no:

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

PV

Well Lowells will need to prove it's NOT stat barred, it's not up to you to prove it IS!

If you've made no payments and not acknowledged the debt in writing for 6 years or more then they should close the "account" on their systems.

I've heard that DCAs will record an "attempted" payment on their files when they buy the debt, to attempt to restart the clock... but what is an "attempted" payment? Others on this forum are still puzzling over this!

The only other way to challenge this is with a "prove it" letter.

personally, I'd go with the stat barred approach.

You could wait and see if any other suggestions are posted before you decide.

PV