Red Castle Recoveries / Smile

[wUK]

Smile are in default of my CCA request (as of Dec 2008) yet I am now receiving letters from Red Castle Recoveries in relation to my credit cards.

 

I have ignored the first letters they sent but they have now sent "NOTICE OF HOME VISIT" letters.

 

I sent Smile a default letter stating:

 

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  
• You may not add further interest or any charges to the account.
  
• You may not pass the account to a third party.
  
• You may not register any information in respect of the account with any credit reference agency.
  
• You may not issue a default notice related to the account.
  

 

So they have unlawfully passed my details to Red Castle.

 

Is there a template letter I can use to send to Red Castle with regards to this?

 

Any legal references available with regards to this would also be beneficial.

[silverfox1961]

This is a good one:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998, the Banking Code and the Consumer Protection from Unfair Trading Regulations 2008.

 

As **original creditor** are now in default of my Consumer Credit Act request, and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor** for resolution of these defaults and breaches, as **DCA** cannot lawfully pursue any enforcement activities.

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. Please also note that any debt collector attending my premises will be removed, if necessary by the police.

 

After taking advice, I am also of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that the foregoing will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing informing me that this matter is now closed. I would also request that you resist the temptation to send me any more of your standard template letters.

 

Yours faithfully

 

 

Remember, don't sign it

 

send recorded

[wUK]

Thanks; sending that now!

[wUK]

I sent the above letter to Red Castle by recorded delivery but today received a "Notice of intended court action" from "Resolution Legal Services" (part of the Gothia Group which Red Castle is also a part of).

 

They have completely ignored my account in dispute letter and are still trying to enforce this debt - Smile never replied to my CCA request or my default letter back in December 2008 so this has been in dispute for some time now!

 

What should I send in reply as my previous correspondence has clearly fallen on deaf ears?

[spamheed]

That's fine, they tend to ignore everything, as long as you have proof that you sent the request and proof that they received it, you have a full defnece to any court action they may believe that they can get away with.

 

You should however start to complain to TS, OFT, FSA etc

[cg77]

Hi there

 

I have had a very similar experience recently with Red Castle too (although with Home Learning College not Smile). I have requested a copy of CCA and amount owing in detail from Red, who have not responded other than to threaten court action if I didnt pay. The same day I received a letter from Resolution Legal Services which was dated the same as Red's last letter! informing me of court action. I today sent a copy of letter to Red requsting CCA to Resolution via fax, but their number isnt valid. I telephoned the number on Resolutions headed paper and someone answered with "Simon from Red can I help you" I asked him to clarify and he said it was Red recoveries. I have been worried sick about this and feel that they are bullying me, I have disputed the amount owing under the CCA as the HLC did not provide the service or materials promised, (unfair relationship) I paid for 18months and have paid over £1200, but they say I still owe another £625 as it was a 2 year agreement. Any advice on what I can do when they send me a CCJ ?? I dont want this to affect my credit and they are bullying me into paying them, which I cannot do.

 

[silverfox1961]

Hi cg77

 

I'm assuming you sent your CCA request by recorded delivery.

 

I would think by now your credit rating will have been well and truly screwed by these people so if they threaten you with court-let em!

 

While they are in default of your LEGAL request they can do nothing until they comply.

If they went to court, you have a full defence

 

Before the debt was taken on by red, did you receive a default notice and a Notice of Assignment. If not then Red Castle shouldn't even be claiming anything off you

[cg77]

I dont remember receiving one of those! The only worry I have is I signed the CCA for 24 months but have only paid 18months as they broke their agreement with unfair relationship and not providing the services. Red Castle were someone else before and they said the original loan was through them (i think) as the loan was interest free via the college, but both are ignoring my requests and its getting very worrying.

[ODC]

Im in a similar position with Red Castle/Gothia/Resolution regarding the Home Learning College. You would think they would have no problem producing a CCA.

 

I have my original one in front of me and as far as I can make out it wouldnt be enforceable. They have never sent me a 'proper' letter advising of the Assignment of the alleged debt.

[cg77]

I am so pleased I looked on here, was beginning to think it was just me. Was your HLC agreement with Red Castle or the company before them? whats the notice of assignment thingy I am so green!

[ODC]

I am so pleased I looked on here, was beginning to think it was just me. Was your HLC agreement with Red Castle or the company before them? whats the notice of assignment thingy I am so green!

 

The HLC agreement was with Aqueus Finance before HLC folded (as they do on a regular basis) and then allegedly sold on to Red Castle Recoveries.

 

To keep it legal they should have sent you a notice of assignment which should have been set by recorded delivery otherwise they could never prove you received it;)

[cg77]

I remember now it was Aqueus to start with, but what would the notice of assignment have said?

[ODC]

Basically that Red Castle were now handling your account.

[cg77]

No they didnt they just started ringing me constantly at really horrid times, like 7am on a saturday and sunday morning and late at night, and I used this site from then really, using a template to send them letter asking not to pester me via telephone but to correspond by letter. Now they are threatening me with court action, although that company doesnt actually exist!

[wUK]

I sent the following to "Resolution legal Services" after receiving their court action threat:

The attached letter was sent to Red Castle Recoveries via recorded delivery on X April 2009. As stated in my letter to Red Castle Recoveries this matter is in dispute with the Cooperative Bank/Smile and has been since X December 2008.

I also advised that by passing my information to them (and now to Resolution Legal Services) not only is a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974, the Data Protection Act 1998, the Banking Code and the Consumer Protection from Unfair Trading Regulations 2008.

 

Furthermore I advised Red Castle Recoveries that continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines; I take your letter dated X April 2009 as such pursuit and will therefore file reports with the appropriate authorities.

 

Any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS and I shall counterclaim that any such action constitutes unlawful harassment.

I now require that you inform me in writing that this matter is now closed.

 

This letter has also been ignored and I have now been sent a letter demanding payment and threatening me with an SD leading to a bankruptcy petition!

 

What can we do about these?

[cg77]

I had my letter from Resolution which informed me of court action if I didnt pay. I sent a copy of the letter I had sent to Red requsting CCA, to Resolution via fax, but their number wasnt valid. I telephoned the number on Resolutions headed paper and someone answered with "Simon from Red can I help you" I asked him to clarify and he said it was Red recoveries!!!

 

They then agreed to take my account from Resolution whilst it was under dispute. They have since sent me my CCA, although this is still in question as the provider of the service I paid for did not deliver what they should have and are denying that they offered me a lower price (hence why I have stopped paying) for a different product.

 

I have this week, sent them a final offer letter to hopefully sort this problem out, but its making me ill with worry, so any advice from anyone, especially if you have had dealings with these people, would be appreciated.