Red Castle...Let Battle Commence - HELP!!!!!!

[cerberusalert]

Just wait until they contact you in writing.

 

You should never really speak to them on the 'phone unless you are recording the conversation otherwise there's no record of what's been said, everything really needs to be in writing then you have tangible proof which they cannot deny.

[juliedub1]

Thanks a million. Will probably be back to bug you when I hear from them!!!

[cerberusalert]

Because your a/c is governed by Irish law they have to adhere to stricter legislation & because they are trying to collect in the UK they have to follow the legislation of both the UK & Eire. Have a read of; http://www.consumeractiongroup.co.uk/forum/showthread.php?307713-Creditor-Harassment-In-ROI

[juliedub1]

So I wrote to redcastle asking them to send me CCA and sent £1 they wrote back asking me for £1 so 8 days ago I sent another money order. They keep calling me, but I don't answer and today I've had a letter saying if I don't arrange a payment plan by 13th November they're taking me to court. Should I email them?

[cerberusalert]

Send Redcastle this; http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[42man]

Or even this one

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (names of previous DCA's / Bank here) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand or a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

 

Yours faithfully...

 

(You could also add -

 

I am a great advocate of recycling and have enclosed your previous correspondence for your recycling operation - Paper recycling - Wikipedia, the free encyclopedia - This site gives some useful information for your company's recycling effort

[juliedub1]

Hey

 

Redcastle have just replied to me stating that they did not receive the £1 postal order that I sent them. Typically I can't find the receipt for postal order or postage (they were together). Should I send again or just ignore them?

 

Thanks

[ScarletPimpernel]

I'd write back:

Dear SirsI refer to your letter dated xxxxx. The £1 statutory fee, which, for the avoidance of doubt, does not amount to an acknowledgement of any debt, was in the same envelope as the letter requesting the agreement. This is the second fee sent to you, and the second time you have claimed not to have received it. To lose the fee once may be regarded as a misfortune; to lose both looks like carelessness. I am not responsible for your poor administration. In the circumstances am not prepared to send the fee a third time. I have receipts for both postal orders and postage and will produce the same before a judge if necessary. I now require you to fulfil my request within the statutory time limit, or to cease contacting me. No further correspondence will be entered into.Yours etc.

[juliedub1]

I'd write back:

 

Brilliant will send that to them now. I really appreciate that

[juliedub1]

Hi

 

Today I had a recorded letter from redcastle and it was a copy of my original agreement with bank of ireland. There is a letter attached saying I should call them if I have any queries. Firstly I thought they were supposed to send me all the contacts on my account and secondly as its outside the 12 days should I just ignore it all.

 

Thanks

[ims21]

For a CCA request they should send you a copy of the agreement, terms & conditions at inception and the latest ones. In addition they should send you an up to date statement. If any of those are missing they have failed to comply and you should write to them and tell them so.

 

They don't have to send you all of the contacts etc.....if you want ALL information on the account then a SAR to the original creditor is the way to go.

[juliedub1]

There is a page titled `authorisation and application' from when I signed up is that the terms and conditions? What would you advise I do now?

 

Thanks

[ims21]

The terms and conditions would be marked as such.

 

Failure to comply letter is in the CAG library and end it with the "no further correspondence will be entered into" as mentioned in previous posts.

[juliedub1]

Great thanks

[juliedub1]

Great thanks

 

Hi

 

I've just had another letter from resolution legal services titled 'Notification of Legal Proceedings' offering me one more chance to enter into payment agreement or they will take me to court. What should I do?

 

Thanks

[juliedub1]

Hi

 

I've just had another letter from resolution legal services titled 'Notification of Legal Proceedings' offering me one more chance to enter into payment agreement or they will take me to court. What should I do?

 

Thanks

 

Hey

 

I would be really grateful if anyone has any advice about what to do about this letter

 

Ta