red debt collection help please

[sassiersara]

hi everyone,

recieved this letter today from red regarding a debt i have with capital one,

 

dear mrs *****

 

ref no*******

original creditor. capital one

balance outstanding. £630,71

 

SPECIAL RECOVERIES UNIT

 

our client has asked us to offer you a reduced settlment figure in order to close this outstanding account before we proceed with further action.

 

we would therefore like to offer the following

 

 

BALANCE OUTSTANDING £630.71

DISCOUNT AMOUNT £315.50

NEW BALANCE £315.21

 

thissettlement is only available for a limited period only.to arrange repayment or discuss in more detail please call the number below.

 

if we do not recieve communication within 7 days we will recommend to our client further action be taken against you.

 

 

now i have never paid anything towards this debt,never acknowlged it and its is over 6 years old, i have moved house 3 years ago and have not had anything regarding this debt in the last 6 years,

 

what would be my next move ?

 

thanks in advance

 

sara x

[notastudent]

I don't think you have to pay it if it's never acknowledged or paid for six years.

[Bubb]

I believe this debt is now statute-barred under the conditions you describe, although I am sure someone more qualified will be along to confirm this shortly

[sassiersara]

oh happy days, so red can go jump then, ha ha

 

should i wait for them to contact me again?

[notastudent]

I don't know if you should ignore them or write to them with a CCA request. Someone will know though!

[maroondevo52]

Hi, Sara.

 

Send them letter 'M' from the templates library.

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

Regards.

 

Scott.

[excel1]

Use this link its letter M you need.....

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[excel1]

Scott you beat me to it!!!!

[havinastella]

you have three choices really

1) Use letter 'M' - Creditors and DCAs - Letter Templates & Budget Planner

 

2) CCA them, Use letter 'N' from above link

 

3)Use something like this if it applies

 

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

 

 

 

(Your Name) Print do not sign

 

 

Jogs

 

All beat me too it

[excel1]

Just to let you know that if you get some rubbish letter from hamptons legal in the mean time its just the same muppets:p

[sassiersara]

thanks for all your help everyone, what a wonderful place this is. your all great

 

xxxxxxx

[Rahl]

Or option

 

(d) Do nothing .

 

Thats what these offers for a limited period are for, to get you to contact them. I'd file it away and do nothing til they commit themselves further . Replying to their very first contact shows you are phased by their letters . That will get them thinking you are a good candidate to start phoning up. No, disregard and indifference is the way to go. They are probably out with the fishing rods again anyway.

Edited May 16, 2008 by Rahl

[slideshowbob]

Hi,

 

I think, as far as I am aware that for a debt to be Stat Barred then you must NOT of had contact with regards to this debt in 6 years.

 

So for eample if you spoke to the client, whoever provided you with credit 5 years ago, be it on the phone or written communication then they can still pursue you. And obviously from this letter, it will be a further 6 years.

 

Now you said you have never paid anything or acknowlged but do you owe this balance? If so then it would be worth at looking to pay this off.

 

However, you could request a Copy Of Agreement to proove you took the credit out. If they do provide you with one i would suggest repaying the monies owing.

 

If they cant, chances are that thet are unable to obtain one and i am almost certain they could not pursure you anymore, legally anyway. Just claim you cannot remember taking anything out with capital 1 and want proof.

 

Hope it helps,

 

all the best!

[sassiersara]

just quick update, i have today recieved a copy of my credit report, puzzling as it does not contail any information about any defaults of any mention of cap 1 credit card, everything on my report is fine.

whats that all about then? can anyone explain

thanks in advance

[noggsy]

Troll Alert !!!!!!!!

[sassiersara]

troll alert??

[noggsy]

Definition of troll - one who perhaps gives advice from the DCA perspective i.e. they are one and the same who occassional visit this forum and provide incorrect advice. Namely if you have not achknowledged or paid a debt within 6 years then it is Stat Barred. Also why would you make any payments without a copy of the CCA. Sorry perhaps it is me being synical. Perhaps one of my more experienced collegues would like to comment.

[noggsy]

Buggar - spelling mistakes but hey back to the football eh

[ODC]

Hi,

 

I think, as far as I am aware that for a debt to be Stat Barred then you must NOT of had contact with regards to this debt in 6 years.

 

So for eample if you spoke to the client, whoever provided you with credit 5 years ago, be it on the phone or written communication then they can still pursue you. And obviously from this letter, it will be a further 6 years.

 

!

You are totally wrong. A debt is Statute Barred if no payment or WRITTEN acknowledgement of the alleged debt has been made for a period of 6 years (5 in Scotland). Once a debt becomes Statute Barred nothing can be done to UN-Statute Bar it. The debt still exists but is totally unenforcable. If after you inform Red/Lowells the debt is Statute Barred and you will not be paying it they are in clear breach of OFT Guidelines on the collection of debt and must be reported if they continue to demand the money. Lowells/Red Debt purchased a shed load of old CAPONE debt which if it is not Statute Barred is totally unenforcable due to the application form not having the Prescribed requirements on it. Red Debt know this very well hence to seemingly generous discount.

[noggsy]

Thanks ODC

[sassiersara]

thank you all so much for your excellent advice, im not going to pay those **** bags, and i know that the debt is over 6 years old. i think the original debt was £200 so over £400 are charges, robbing barstewards.

 

im just going to sit tight for the time being see what the next letter brings.

 

sara x