Red debt collection services

[Aspirante]

I have today received a letter from Red - Lowells wrote to me on three occasions recently and the last time (last week) they told me that it would be the last time and that I would be hearing from Red. It relates to an aleged debt with Halifax credit card. I have in the past wrote to Halifax & dealt with various DCA's I was questioning the validity of the CCA. It appeared to be an application form but Halifax has assured me that they have got it right. I told them that I was still not happy and that to my mind they have not produced a valid CCA. they eventually wrote back & said that they would not enter into any more discussions on the matter and that was their final word. This has been going on for over 4 years. there was a long long period of no activity but as I said it has recently reared its head again.

ed say I have to pay in full or enter an agreement or they will consider court action, apply to secure the debt against my house etc I assume all that is if they get a CCJ, and if my case meets certain criteria they say they could serve a STATUTORY DEMAND, (what is this) and and if I don't pay then petition for bankrupsy

[maroondevo52]

Hi,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[UnitedFront]

A statutory demand is a form, downloaded off the internet, that gives you a certain amount of time to either pay a debt or have the demand set aside in court. If you fail to do either, then the party that served the demand can petition the court for your bankruptcy, in theory.

 

How much is the alleged debt for? As bankruptcy can only be brought for an amount of at least £750.

 

Have you ever scanned in and posted up the "agreement" that they claim is enforceable?

 

If not, then can you scan it in and post it up (after removing all personal information) so that we can have a look and see if it is, in fact, enforceable or not?

 

Cheers

UF

[Aspirante]

Thanks for the reply, no I havent scanned & posted the "agreement" I will try that and see what you think.

[silverfox1961]

Red are the Leeds Losers pet bully boys but they have absolutely no hold over you. The same goes for Hamptons (il)legal.

 

Red says you HAVE to. NAH! They cannot dictate anything to you. Only a Judge can do that and they won't go near a court without a fully compliant, signed agreement. They may try but with CAG's help, you could see them off.

Once we see the "agreement" we can better help.

[Aspirante]

Hmm! just looking at it, it say's that it's both an application form and a CCA, it looks to be in order. It's been a while since this was disputed and I lost track a bit, so assuming that it is in order should I try to make an arrangement to pay, or ask for a reduced full & final settlement, I don't have much spare income?

[maroondevo52]

There's no a big stack of charges on the account is there ?

[UnitedFront]

Whilst it is possible for a document to be both an application form and a credit agreement, in order for this to be the case, the "agreement" has to have all of the required prescribed terms within the document.

 

Hence, if you scan it in and post it up, we'll be able to have a look and offer our opinions as to whether or not the document is enforceable. You say this has been ongoing for 4 years, so the "agreement" must have been entered into before 2007 and, thus, the now repealed S127(3) Consumer Credit Act 1974 would still apply and would bar enforcement in court, if the document is not properly executed.

 

Cheers

UF

[UnitedFront]

Also was there any PPI sold with the agreement??

[harrassed senior]

Have Halifax stated in writing that what they have produced is the enforceable Agreement as requested in your CCA, because, if they have, and it can be shown by you that it is non-compliant, then the following applies:

 

172:

Statements by creditor or owner to be binding

(1) A statement by a creditor or owner is binding on him if given under-

section 77(1), section 78(1), section 79(1), section 97(1), section 107(1)©, section 108(1)©, or section 109(1)©.

When was the last payment made on this alleged debt?

[Aspirante]

Ok here goes

Halifax 2549 aplication form & cca 2.doc

Halifax 2549 application form & cca 3.doc

[Aspirante]

I paid £20.00 after pressure from a phone call about 3 years ago

[Aspirante]

Ok here goes

[silverfox1961]

An application form can also be an agreement so long as all the KEY terms are within your document.

Separate terms can be in another document.

Having looked at both sides of the document you posted, I would have to say it's a good un.

I can see the APR, a statement saying a limit will be set, repayment terms and cancellation rights within the signature page

[UnitedFront]

OK well unfortunately that agreement does look enforceable in my opinion as it does seem to have the necessary prescribed terms

 

Long shot, but you say that you made a payment 3 years ago.... I don't suppose there was a gap of six years before that within which you didn't make any payments?

 

Cheers

UF

[Aspirante]

No, the date of the agreement is 2005. So in the light of that what are the chances of a reduced full & FINAL, i HAVE AN OFFER FROM THEM TWO YEARS AGO SAYING THAT THEY WOULD ACCEPT 60% BUT IT WAS (sorry about the caps lock) time limited

[UnitedFront]

No problems, I just wanted to try and exclude all posibilities before going in too deep....

 

There's no mention of PPI on those documents, but do you know whether you did have any or not?

As has previously been asked, are you aware of any (many) charges that have been applied to the account?

 

If the answer to the above is no, then I would personally look at maybe sending a letter offering 5 or 10% in full and final - making clear that the offer is one-time only and that if they don't accept it, the maximum I would be able to afford would be £1 per month.

 

Just my opinion though....

 

Cheers

UF

[Bookworm]

Erm, why would anyone want to pay Red anything?

 

Before getting bogged down in CCA compliance and what not, can we please get something straight? THAT was with Halifax. THEY have flogged off the debt for pennies to Lowells/Red/Hampton etc, who are now issuing threatograms like confetti in the hope of making you pay up.

 

You may or may not have owed Halifax the money. It doesn't matter anymore, they've given up on you. Red, on the other hand, you don't owe a penny to, so you can tell them to go forth and multiply.

 

Instead of reading "stautory demand" and "repossession" and the big scary words, read what it says in between: "may" "might" "considering"... which means they won't.

 

If you really want to respond to them, I suggest you send something on the lines of:

 

Dear Leeds losers,

 

I owe you nothing. Zilch, nada, niente, a big fat el zippo.

 

If you think you can prove otherwise, take me to court, I need a day out at someone else's expense.

 

Yours, etc...

 

After that, watch in derision as they escalate and repeat the threats one after the other, and write in bigger, bolder, redder letters in the vain hope that you will suddenly get scared again.

 

Oh, and of course, don't give them your telephone number on the letter, and if they do try to call, refuse to clear security questions and put the phone down. That REALLY annoys them.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.