What do I do with Red DC Services Letter?

[YorkshireGirl]

*apart from the obvious use it as loo paper*

 

In January I got a letter from Red Debt collection services about a debt with Vodafone totalling £465.94. I used to have a Vodafone contract ages ago but cancelled and got rid. Besides I had a £50 limit on the account I think so there is no way I could have built up a debt of over 9 times the amount.

 

The letter is from the "Pre Litigation Department" but this is the first I've heard from them. The letter stats that the may commence legal action and apply to a court for

bailiffs,

attachments of earnings,

a charging order on my house (I rent a student house with friends can they do this?)

payments direct from my bank account via a 3rd part debt order.

 

 

I'm not sure what to do here, I assume because Vodafone isn't a credit card I can't send the CCA letter? Any advice?

 

Thanks

[cerberusalert]

Send them the 'prove it' letter;

 

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.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[rory32]

I'm not sure what to do here, I assume because Vodafone isn't a credit card I can't send the CCA letter? Any advice?

Most mobile phone contract are not covered by the Act, so initially send the prove it letter posted above. I would add to the letter the sort of evidence you require e.g. a copy of the contract and any terms and conditions relating to the contract as well as a statement of account.

 

Even if this is in relation to your old Vodaphone contract you can still dispute any sum claimed as owing on the grounds of any charges added to the account and also any unfair terms in the contract.

 

Lowells (who Red are part of) were on Watchdog recently for sending out threatograms to people for old mobile phone contracts where either they had got the wrong person or the amount claimed as owing was complete rubbish or the debt itself was statute barred. You might wish to let Watchdog know that nothing would appear to have changed, despite Lowells promises.

 

As for their Pre Litigation Department, this title is completely meaningless and you should treat them with the contempt that they so richly deserve.

[YorkshireGirl]

Most mobile phone contract are not covered by the Act, so initially send the prove it letter posted above. I would add to the letter the sort of evidence you require e.g. a copy of the contract and any terms and conditions relating to the contract as well as a statement of account.

 

Even if this is in relation to your old Vodaphone contract you can still dispute any sum claimed as owing on the grounds of any charges added to the account and also any unfair terms in the contract.

 

Lowells (who Red are part of) were on Watchdog recently for sending out threatograms to people for old mobile phone contracts where either they had got the wrong person or the amount claimed as owing was complete rubbish or the debt itself was statute barred. You might wish to let Watchdog know that nothing would appear to have changed, despite Lowells promises.

 

As for their Pre Litigation Department, this title is completely meaningless and you should treat them with the contempt that they so richly deserve.

 

Thank you both. I have changed the letter and added the following sentence - is this still correct?

 

I am 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 would like to see a copy of the original contract that I have allegedly signed, the terms and conditions relating to this alleged contract and a statement of account.

Also thank you for the tip on watchdog, I shall look into this and contact them when I have received a reply from red.

[cerberusalert]

Yes that's fine.

 

The watchdog report BBC - Lowell - chasing debts - Watchdog - Blog

[42man]

Also be aware that RED are well known for chasing statute barred debts, so if it is 6 years since you last made a payment (or acknowledged the debt) then it will indeed be statute barred (5 years in Scotland)

[YorkshireGirl]

Hi there,

 

I have finally received a reply from RED.

 

They have sent me the attached - if this all they need? I'm a bit concerened that the statement for account number and my vodafone account number do not match - someone has written my old vodafone account number in pencil at the stop of the sheet.

 

If this now enforcable? I haven't signed anthing on here and the numbers seem a bit random.

 

Thanks.

 

 

 

Thanks

Edited September 2, 2009 by YorkshireGirl

[YorkshireGirl]

Just had a check and I think its a bit small so here are the scanned images.

Edited April 16, 2009 by YorkshireGirl

[cymruambyth]

Hi I'm sorry I can't help, however I wonder if you should remove all the reference numbers on the statements, as they could be used to trace you.

C

[the_shadow]

errr exactly how does that prove you own the debt... is your name or anything related to you on those printouts bar the pencilled in vodafone account number..

 

I would be inclined to write back stating you need proof connecting you to this debt as this could refer to anyone, and as they have yet to provide proof you will not pay until they do so. For them to seek legal redress or threaten it without providing the proof of debt is a breach of OFT debt collection guidelines.

 

A duplicate monthly bill that ties in with a value on the printouts they have provided is what they should send to be honest.

 

S.

[ODC]

A Statement isnt worth the paper its printed on. They need something with your signature on it like a contract. I could rustle that statement up on MS Word in a couple on minutes and at least I could incorporate a Vodafone logo.

[Toulose LeDebt]

 

I'm a bit concerened that the statement for account number and my vodafone account number do not match - someone has written my old vodafone account number in pencil at the stop of the sheet.

 

 

Does this not answer your own question?

 

I would write back and say 'account in dispute since the account number of the statements provided do not match your Vodafone account number, ergo this has to be somebody elses debt'.

Take a minute to remind them that they have already produced one vodafone statement totalling this exact amount in somebody elses account number so if they were now to magically produce another statement with exactly the same totals but in your correct a/c number you will obviously be forced to have this investigated further as you saw Watchdog the other month.

 

In the meantime I'd be writing to the OFT complaining that they are chasing you for someone else's telephone debt.

[ODC]

Does this not answer your own question?

 

I would write back and say 'account in dispute since the account number of the statements provided do not match your ALLEGEDVodafone account number, ergo this has to be somebody elses debt'.

Take a minute to remind them that they have already produced one vodafone statement totalling this exact amount in somebody elses account number so if they were now to magically produce another statement with exactly the same totals but in your correct a/c number you will obviously be forced to have this investigated further as you saw Watchdog the other month.

 

In the meantime I'd be writing to the OFT complaining that they are chasing you for someone else's telephone debt.

Dont even admit you had a Vodafone account.

[YorkshireGirl]

Thanks for your comments:

 

I've knocked up this letter in response - its a cut and paste job but will this do the trick?

 

Thanks

 

I refer to your letter dated 9th April 2009 the contents of which are noted. I refer you to my previous letter in which I demanded written proof this debt is mine. To date I note you have failed to produce a single document which proves I ever had a contract with Vodafone.

Firstly I requested a copy of the original contract including my signature, something that you have not provided. Also the so called Statement of Account is simply comprised of a lot of meaningless numbers. The account number on the statement does not match the Vodafone account number that you allege belongs to me. This does not inspire confidence in your company. I saw the recent BBC Watchdog television program where you were found to be incorrectly hounding people for fictitious debts.

 

Until you can produce a signed copy of my original contract note that I will not enter into any further communication with you and should it be your intention to proceed with legal action please be advised that this will be strenuously contested.

Regards,

[Toulose LeDebt]

Perfect.

[YorkshireGirl]

Hi everyone,

 

Just wanted to come back and say a big thanks to all who helped me with this! I've been away from my uni house for teh summer and got back and recieved this letter from Lowell:

 

Dear Miss *****

We write in reference to the above account.

Unfortunatly, Vodafone have not been able to supply the statements you requested so after reviewing your account we are prepared to take a commercial view in relation to this matter and as a guesture of goodwill and strictly without any admission of liability, we have decided to close the account and write off any outstanding balance.

However, should statements become available at any time in the future we reserve the right to reinstate the balance and contact you with a view to recover the full amount owing.

 

RESULT!!! Thank you so much CAG.

 

Just one question - can I ask them to remove the default they have placed on my credit file?

 

Thanks once again.

[letshelp]

Just one question - can I ask them to remove the default they have placed on my credit file?

Yes, you should insist upon it.

regards

[ODC]

Hi everyone,

 

Just wanted to come back and say a big thanks to all who helped me with this! I've been away from my uni house for teh summer and got back and recieved this letter from Lowell:

 

Dear Miss *****

We write in reference to the above account.

Unfortunatly, Vodafone have not been able to supply the statements you requested so after reviewing your account we are prepared to take a commercial view in relation to this matter and as a guesture of goodwill and strictly without any admission of liability, we have decided to close the account and write off any outstanding balance.

However, should statements become available at any time in the future we reserve the right to reinstate the balance and contact you with a view to recover the full amount owing.

 

RESULT!!! Thank you so much CAG.

 

Just one question - can I ask them to remove the default they have placed on my credit file?

 

Thanks once again.

Glad to see the Leeds losers living up to their name

[sam614]

PMS yet again:D

 

feel sorry for Jim he will never get enough for his transplant.

SAM

[cerberusalert]

Just one question - can I ask them to remove the default they have placed on my credit file?

You could try a s.10 notice http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 and have a read of; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[dcakiller]

PMS yet again:D

 

feel sorry for Jim he will never get enough for his transplant.

SAM

 

 

is that for a personality transplant

[cerberusalert]

is that for a personality transplant

Isn't science wonderful, how long have they been able to do personality transplants?