Red Castle Recoveries - HELP REQUIRED, PLEASE!!

[Jax12]

Hi, I have been looking through this site for a while and have finally summoned the strength to face my problems.

 

I am basically being harrassed by Red Castle Recoveries. I sent them a letter asking for my original credit agreement but sent the wrong one, asking for everything they hold on me. They phoned me to tell me that they would return the £10 cheque and give me a number for the Co-op who theoriginal loan was with, for me to get the relevant paperwork. They have never sent this information, but have phoned several times over the last 2 weeks - letting the phone ring just twice - presumably to show on their records that they have attempted to contact me.

 

I no have a "Notice of Home Visit" letter. Can you advise whether i should sent the letter below:

 

______________________________

 

I am presently striving to organise my personal information Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

In reference to your letter dated 25/05/09, I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question.

 

If you are unable to provide evidence as to my liability I 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 have duly noted your intention to authorise a collector to visit my home. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

_________________________________________

 

I would really appreciate some help here!! I also have a number of other debts and am about to send a CCA request to each one to find out who currently owns my debts.

 

Help please!!!!

[debt4get]

yes send it off at least that will put the onus back on them to prove that the debt is owed

[debt4get]

by the way even if they turn up they have no right of entry, if they insist on banging on your door ring the police and tell em you have a trespasser on your property

[Jax12]

Thank you very much - they are so patronising when you speak to them so i don't answer their calls anymore and to honest, like i said, they only ring the phone twice so unless it's in your hand, you don't have the chance to answer it and i ain't phoning them!!!

[ODC]

They are not obliged to supply you with a copy of a signed DEED of assignment.

 

What they are obliged to do however is prove that the deed has been legally assigned to them and that you have been served with a NOTICE of assignment in accordance with s136 of the Law of property Act 1925

[Bazooka Boo]

Letter when a DCA threatens a doorstep Visit

 

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

[Jax12]

Really appreciate your advice guys - understand once i send it off (tomorrow) they have 14 days to respond - if that's okay will ask for further advice x

[Bazooka Boo]

As CCA requests go, they do have 12+2 days (working I beleive) to reply. If they fail to respond or send you a legally enforceable CCA then you are strongly advised not carry on paying them, until such time that they do produce a legally enforceable CCA.

 

If they either fail to respond or fail to produce a legally enforceable CCA, then they are unable to commence with any further legal collection activity, and any such threats to the contrary should be reported to the OFT, TS, & ICO.

[Jax12]

Have sent the letter without the "assignment" bit which they must have received (by recorded delivery) on Monday - they have since phoned Monday, Tuesday and Thursday - each time the phone rings for 2 rings and like i said before, I guess this is they're way of recording that they have made contact. Haven't answered the phone - didn't have the chance anyway!!

 

Just waiting now for the 12 + 2 days - although I do know that they don't have a copy of my contract as they told me they would give me details of where to get it - but never did!!

 

Will keep you posted!!

[debt4get]

its not up to you to 'get it' the responsibility is theirs just sit back and wait... for time limits to expire and then ignore em

[mr.ton]

Is there anyway you can change your phone number in the short term?

They are just playing silly buggers with you & trying to put maximum psychological pressure on you in the hope that you buckle & pay up.

I would report them to the OFT/trading standards & i would also report them to your local police (not 999) & the police for were they are based in the country (not 999)...watch how quickly the calls stop then

[Jax12]

Not really but i have seen a letter on here - saying that i will not enter into telephone conversations - must dig it out!!

 

Thank you Mr Ton - i really appreciate the support that people like you on this site offer.

[Bazooka Boo]

Not really but i have seen a letter on here - saying that i will not enter into telephone conversations - must dig it out!!

 

The link for it is on the sixth post;)

[Jax12]

Hi - this is the letter that I have received from Red Castle...........................

Red letter received.pdf

[ODC]

Why are they so keen to get your phone number

[Jax12]

Really don't know - but they used to phone me most days and let it ring twice and then hang up coz i never answered it!

[ashmk]

Why are they so keen to get your phone number

 

 

Spam spam spam of course

[Jax12]

So guys, do i just sit back and wait....................

[clemma]

So guys, do i just sit back and wait....................

 

Yep - at least until their 12+2 working days are up. Then you can send them the dispute letter (depending on what response you may have from them by then depends on which letter you need to send).

[Jax12]

Hi guys

 

Have received the reply as show in thread 14 but heard nothing since. The time is obviously up for the CCA request, can you please advise me what I should do next.......

 

Many thanks

[clemma]

You can put the account into dispute if you want:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* 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.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

 

OR you can just wait for them to write to you again.

[ODC]

Sit back and do nothing. Await their written response. Depending on what this is will decide your next course of action.

[Jax12]

Omg - have been manic for a response and didn't check the second page!!!! Do i send the letter or sit back - they have said they have put the account on hold for 40 days already???

 

Have a few of these, so am trying to learn real fast - haven't CCA'd the others yet!!

[diddydicky]

Omg - have been manic for a response and didn't check the second page!!!! Do i send the letter or sit back - they have said they have put the account on hold for 40 days already???

 

Have a few of these, so am trying to learn real fast - haven't CCA'd the others yet!!

 

May i suggest 9if you can afford it at around 90 quid TRUECALL it will filter out all your unwanted calls otherwise a number change with bt is a good idea if you are going to start on a few of these

 

to give you an idea my truecall has zapped over 830 calls since i started challenging these things in April

 

peace and quiet-makes dealing with these people oh so easy

[clemma]

As they have stated they have put the account on hold for 40 days, I would do as suggested and just wait for their next response. If they contact you before that time, or they contact you after 40 days demanding payment, fire off the dispute letter.