Help!! New and no idea what to do

[men124]

Hi all I'm one new to this forum and not sure what doing but I am also new to England and have no idea what to do for help. My husband is english and was in debt and paying off a debt when I met him and married him. I recently paid out this debt but haven't received proof of this even after ringing and asking them to send it out. it's a concern.

Two a new debt company red debt collection services out of the blue has sent a letter demanding money in less than seven days, after claiming they have had the debt since August and if we don't pay by 23/11/07, they'll send out field agents threatening legal action and field agents visiting the home. My husband knew nothing of this claims never had mobile by them or ever with T-mobile who they are representing.

My husband rang and told them not his debt it's a mistake but they had all his details and then tried to trick him into admiting the debt. Their response was tough you owe it and to send it on to litigation. They have stated it's on his credit rating or something and that he has to pay but my husband is disabled and at the time of the supposed debt he was vulnerable to any that wanted to commit fraud.

A letter was sent recorded delivery disputing the debt and asking for proof that it's my husband's debt. We know they tried to contact today by phone but I don't know really where I stand.

if this was australia they would have to show contracts signed and any proof that my husband owed the debt but I am not sure here. including the fact that they claim he received a phone from them so they would have to show proof of his signature to show he actually signed for the phone.

If it was my husbands debt he would admit to it and pay but he is adament it's not his debt and was never with T-mobile and never had pay monthly or contract account as I call it.

can anyone help as I am really worried.

[sosumi]

Hi Men124, welcome to the forum.

This sounds a bit rum to me. Just bumping your post up.

Hopefully someone else will be along soon.

[ScarletPimpernel]

Red Debt, aka Lowell, are well known here. They are probably on a fishing trip, calling people with the same name to see if one will pay up.

 

First, don't speak to them on the phone - ever. Not only are they ill-mannered, they will say anything to get money. If they phone, refuse to answer any security questions, and tell them you'll only deal with them in writing.

 

Normally the first thing to do after they have sent details in writing is to ask for a copy agreement under the Consumer Credit Act - but mobile phone contracts are not covered by the legislation. Nonetheless, it's up to them to prove that the debt is owed. Curlyben will doubtless be along soon with a suitable letter template.

 

Don't worry about Red Debt/Lowell - they may sound aggressive, but they have the same legal authority as a Big Issue seller - and none of the charm!

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[oneofakind]

They DO have to prove that your husband owes the debt.

 

Firstly, you should STOP dealing with them by phone. Get all your communication in writing, so you can prove what was (or wasn't) said.

If they ring, say 'all contact in writing only' and hang up. Remember it's your phone, and you can choose who to speak to.

 

Ignore the threats about 'sending the boys round' because that's usually just what they are - threats!

 

This is the letter you need:

 

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

 

[oneofakind]

Ben, you're not reading the thread, mate.

[ScarletPimpernel]

Ben, you're not reading the thread, mate.

 

And, just for once, I got in before him!

[Curlyben]

Ben, you're not reading the thread, mate.

 

Or maybe I am

 

A letter was sent recorded delivery disputing the debt and asking for proof that it's my husband's debt.

 

As you well know if these people are still chasing a debt even after the "prove it" letter then a CCA should be sent as this has serious legal consequences.

[PriorityOne]

I think it's a mobile 'phone debt Ben...

[men124]

Thanks guys the letter on the forum is the one that I copied and filled in details and I sent Monday by recorded mail. We believe they got it today which is why they rang us. We weren't in to take the call. but we will follow the advise and not take their calls..

[Curlyben]

I did notice that it was a mobile debt, but this is also with RED debt.

Under normal circumstances a CCA would indeed be useless, but as they have ignored a reasonable request for proof, I believe that this is the correct route to take.

 

RED Debt are the biggest idiots I have ever had the unfortunate pleasure to deal with and should be handled as such.

 

Ps P1 I never think your a smartass

[PriorityOne]

[Curlyben]

men124, IF they respond to your request let us know and we'll assist, but as mentioned NEVER speak to these "people" on the phone as they will say anything to secure payment.

 

YOU are in control of this situation and we need to ensure RED are aware of that fact.