Red Debt Collection Services!

[Mad as Hell!]

Thanks for you help! I think I'm a bit less confused as to what to do!

[pt2537]

ok these two posts are taken from the Insolvency rules 1986 (no 1) and Halsburys laws (no 2)

 

i have also found this in the civil procedure rules which is very informative

 

 

PRACTICE type="start" timestamp="1040029633444"DIRECTION – INSOLVENCYtype="end" timestamp="1040029633444" PROCEEDINGS -

 

take a look at this link it should answer your questions

[Mad as Hell!]

There is a template letter for a CCA request and Statute Barred Letter.

 

Lowell = Red Debt = Hamptons iLegal = Lowells. Same excrement different notepaper

Could you tell me where the template for these two letters are?

[ODC]

It would seem then Paul that our friends are on dodgy ground with their mass mailings by second class post. To apply for a Set Aside would be in effect admission that you were served.

[ODC]

Could you tell me where the template for these two letters are?

Here you go. Template M for Statute Barred and Template N for a CCA request http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[Curlyben]

I'd go with the Statute Barred letter for openers, that's letter M.

 

IF they can prove that it isn't then we have other avenues open to us.

 

In the mean time take this SD to your local court and get it set aside on the grouds on improper service and vexatious action.

[Mad as Hell!]

What will happen at court? I'm really quite scared about it all!

[Curlyben]

Don't be they wont bite.

Remember this is a CIVIL action and as such no record.

 

I have found the court officers to be very helpful, after all they are there to ensure fairness.

[ODC]

I'd go with the Statute Barred letter for openers, that's letter M.

 

IF they can prove that it isn't then we have other avenues open to us.

 

In the mean time take this SD to your local court and get it set aside on the grouds on improper service and vexatious action.

 

What will happen at court? I'm really quite scared about it all!

Lowells wont know what hit them when they get all these applications for set asides:D They probably thought their confetti blitz would have brought lots of scared people to phone the Call Centre Bullies with lots of Money Money Money:rolleyes:

[Curlyben]

This Very Moment that would be my idea as well

[Mad as Hell!]

Here you go. Template M for Statute Barred and Template N for a CCA request http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Do I need to write anything else on this letter??? just send it to red or do I send the Staute Barred letter to capital one?

[pt2537]

This Very Moment that would be my idea as well

oh dear

 

curlys trying his hand at humor:rolleyes:

[Curlyben]

Send Statute Barred letter to RED for openers ignore Cap1 as they'll pass the buck anyway

[ODC]

Red may well come up with an imaginary pament some time in 2002. If they do its up to them to prove you made it. However wait on their response and we will take it from there

[Mad as Hell!]

Send Statute Barred letter to RED for openers ignore Cap1 as they'll pass the buck anyway

 

Do I need to write that I don't acknowledge the debt??

[Curlyben]

Yeah I would head it I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

Least they'll be able to understand that.

Also DON'T use your normal signature, if you sign it at all.

It's not unknown for DCA's to get a little happy with photoshop.

[rory32]

It's unlikely that thy will be able to supply an agreement or demonstrate that the debt is not statute barred. The account is in dispute and that is sufficient reason to set aside the SD.

[Mad as Hell!]

I'm not too sure about going to court though.....what will I need to do? Can I not do it in writing?

[Mad as Hell!]

It's unlikely that thy will be able to supply an agreement or demonstrate that the debt is not statute barred. The account is in dispute and that is sufficient reason to set aside the SD.

 

Once they set aside the SD what happeneds then??? Is it set aside while the dispute is resolved or is that an end to it????

 

I'm sorry for being really thick about all this but I've never had to deal with anything like this before!!!

[ODC]

I would write in bold letters I DO NOT ACKNOWLEDGE THIS DEBT TO YOU OR ANY COMPANY YOU CLAIM TO REPRESENT

[rory32]

One thing I think we all forgot to ask was is the SD for over 750 pounds?

I'm not too sure about going to court though.....what will I need to do?

Initially all you need to do is file for the set aside at the court. You'll then be given a date for the set aside hearing. It is more than likely at this point that Red will withdraw the SD application as they are aware they don't have a leg to stand on. That will be an end to the matter. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122157-debtweary-connaughts-success.html

[itsamomentintime]

Mad as Hell! - i understand that you are nervous about the court threat but....

 

i have been to court, it was quite enjoyable if i am honest!!!!

 

plus there is very little chance that you will ever have to attend court. even if you did have to attend, you will have no end of members on this site who will not only assist your defence, but will actually go to court with you.

 

anyhoo, if you send a CCA request which is not responded to, court action is out of the window. no CCA, no proof that you are in debt

 

sorry DCA's, but thats what it boils down to. unnnnnnnnnnlucky!!!!!

[Mad as Hell!]

One thing I think we all forgot to ask was is the SD for over 750 pounds? Initially all you need to do is file for the set aside at the court. You'll then be given a date for the set aside hearing. It is more than likely at this point that Red will withdraw the SD application as they are aware they don't have a leg to stand on. That will be an end to the matter. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122157-debtweary-connaughts-success.html

 

yeah it's for £1400 approx!

[Mad as Hell!]

Just had a thought guys the SD I've received doesn't have a court stated on it. It just says "your local county court, or combined court" and gives you the telephone number of their office in case I would like advice from them.....so do I do just that to get the SD set aside go to my local court?

[rory32]

Yes you hand in the application for a set aside to your local court.