Red Debt help

[means2anend]

The above address is the one I wrote too in connection with Lowells (RED)...later on a few months down the road upon pain of their fitness to hold a licence they closed my account8)...AND said they would remove default from file:whoo:

 

I did post it up on the Lowells thread bu it was taken down..... I rhink policy now is to as discretion is the better part...

 

Hi Lincs...here is a link to a thread you may find informative...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?132947-Red-debt-collection-Lowell-portfoli-1-Hampton-s-legal.

 

rgds

m2ae

Edited March 21, 2011 by means2anend

[Tingy]

In response to your pm about your girlfriend being worried about the bailiffs turning up, please reassure her. Firstly, the first time anyone deals with bailiffs they are worried, so what she is feeling is perfectly natural. However, this is a case where if she wants to stop worry ing she needs to trust those of us who have been through it and come out the other side.

 

Some golden rules about bailiffs when you are in this position:

1. They have absolutely no right whatsoever to enter your house. They will try every trick in the book to gain entry - better than doing it in public, need to phone the office, need to use your toilet. Don't even open the door to them and make sure downstairs windows are shut. They have the right to walk through an unlocked door or climb through a window - this counts as peaceful entry, and once they've entered peacefully they can force entry from that point on, so don't let them in.

2. If your girlfriend has a car they could levy on, park it in the garage or a couple of streets away so they don't know it's yours.

3. When they come they have to, by law, show ID. Don't be happy with them just flashing something at you - get it off them, phone to make sure they are certificated. They also have to show you the court order which gives them the right to be there.

4. Best to pretend you're out. Just don't answer the door, don't do anything. If you have to speak to them say it is in dispute now with the DCA.

5. As a general rule if a bailiff opens his/her mouth they are lying. They are terrible people. Do not believe a single word they say and just keep remembering, do not under any circumstance whatsoever let them in.

6. They may threaten to call the police - let them. The police only attend to stop a breach of the peace. Be equally firm with them that the bailiffs have no right to enter your house and you are not going to let them.

7. They should post paperwork through the door to say they have visited. If you've seen the ID make a note of the bailiffs name and the court in which he was certificated. Keep the paperwork safe - it is proof and is often missing detail it should contain. Make a note of the date and time they called.

8. They often phone to say we're coming to get your goods tomorrow morning. 99.9% of the time this is lies designed to wear you down and worry.

 

As long as they have not been to court to gain the right to force entry (which would never be granted in this situation) they cannot come in unless you foolishly let them. They have no rights. We'll deal with charges etc... if we need to later, but don't worry about them.

 

If it wasn't in the letter, contact the DCA and tell them to call off the bailiffs while this is in dispute. Try to record everything you can.

 

It all sounds drastic, but it's basically just saying do not let them in and try not to talk to them . Normal ways of talking to them are through the letterbox (locked door!) or from an upstairs window.

 

I was terrified when first dealing with bailiffs - only had to do it once thank God. I've just successfully sued them and got a shed load of compensation. I've dealt with over 20 cases involving bailiffs this financial year. Every single company has lied, cheated and generally been unprofessional.

 

You may find it interesting to have a read of this: http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm

 

These are the rules they're supposed to abide by, but don't!

 

Honestly as long as she doesn't let them in there is NOTHING, absolutely zero they can do about it. They can waste their time sitting there. They can rant and rave, but they can DO nothing, so try not to owrry - easier said than done, I know, but do try. you'll look back on it and kick yourself for stressing out once it's all sorted.

[lincsloon]

In response to your pm about your girlfriend being worried about the bailiffs turning up, please reassure her. Firstly, the first time anyone deals with bailiffs they are worried, so what she is feeling is perfectly natural. However, this is a case where if she wants to stop worry ing she needs to trust those of us who have been through it and come out the other side.

 

Some golden rules about bailiffs when you are in this position:

1. They have absolutely no right whatsoever to enter your house. They will try every trick in the book to gain entry - better than doing it in public, need to phone the office, need to use your toilet. Don't even open the door to them and make sure downstairs windows are shut. They have the right to walk through an unlocked door or climb through a window - this counts as peaceful entry, and once they've entered peacefully they can force entry from that point on, so don't let them in.

2. If your girlfriend has a car they could levy on, park it in the garage or a couple of streets away so they don't know it's yours.

3. When they come they have to, by law, show ID. Don't be happy with them just flashing something at you - get it off them, phone to make sure they are certificated. They also have to show you the court order which gives them the right to be there.

4. Best to pretend you're out. Just don't answer the door, don't do anything. If you have to speak to them say it is in dispute now with the DCA.

5. As a general rule if a bailiff opens his/her mouth they are lying. They are terrible people. Do not believe a single word they say and just keep remembering, do not under any circumstance whatsoever let them in.

6. They may threaten to call the police - let them. The police only attend to stop a breach of the peace. Be equally firm with them that the bailiffs have no right to enter your house and you are not going to let them.

7. They should post paperwork through the door to say they have visited. If you've seen the ID make a note of the bailiffs name and the court in which he was certificated. Keep the paperwork safe - it is proof and is often missing detail it should contain. Make a note of the date and time they called.

8. They often phone to say we're coming to get your goods tomorrow morning. 99.9% of the time this is lies designed to wear you down and worry.

 

As long as they have not been to court to gain the right to force entry (which would never be granted in this situation) they cannot come in unless you foolishly let them. They have no rights. We'll deal with charges etc... if we need to later, but don't worry about them.

 

If it wasn't in the letter, contact the DCA and tell them to call off the bailiffs while this is in dispute. Try to record everything you can.

 

It all sounds drastic, but it's basically just saying do not let them in and try not to talk to them . Normal ways of talking to them are through the letterbox (locked door!) or from an upstairs window.

 

I was terrified when first dealing with bailiffs - only had to do it once thank God. I've just successfully sued them and got a shed load of compensation. I've dealt with over 20 cases involving bailiffs this financial year. Every single company has lied, cheated and generally been unprofessional.

 

You may find it interesting to have a read of this: http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm

 

These are the rules they're supposed to abide by, but don't!

 

Honestly as long as she doesn't let them in there is NOTHING, absolutely zero they can do about it. They can waste their time sitting there. They can rant and rave, but they can DO nothing, so try not to owrry - easier said than done, I know, but do try. you'll look back on it and kick yourself for stressing out once it's all sorted.

 

 

Tingy, thanks for the info., bailliffs cannot ever enter premises without Court papers anyway can they? Even then you don't have to admit them to your home if you don't want them in.

Believe me, while i'm there they'll be told to foxtrot oscar in no uncertain terms, but as i found out from experience, 99% of the time they never carry out the threat.

Yeah Tingy i'm cool about it, the girlfriend is worried still & is prepared to pay the £15 per month, but i've told her to leave it with me, at the worst case scenario i'll pay anything over & above the £400 they want off of her, she's worried they'll pile on more interest while she delays & any Court action will come down on their side.

Letters sent today to Red & the OFT, watch this space

Thanks again Tingy you're a star.

[lincsloon]

The above address is the one I wrote too in connection with Lowells (RED)...later on a few months down the road upon pain of their fitness to hold a licence they closed my account8)...AND said they would remove default from file:whoo:

 

I did post it up on the Lowells thread bu it was taken down..... I rhink policy now is to as discretion is the better part...

 

Hi Lincs...here is a link to a thread you may find informative...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?132947-Red-debt-collection-Lowell-portfoli-1-Hampton-s-legal.

 

rgds

m2ae

 

Yes mate, read the thread, very enlightning, gives a lot of hope to a lot of people

 

regards

lincs

[lincsloon]

f.a.o Tingy especially. Just an update, sent your excellent letter to Red on the 23rd March, as yet to hear from them. Sent a complaint to the OFT, yet to hear fro them also.

[Tingy]

Hi and thanks for the update. The OFT will probably take quite a time to respond. Red may read the letter and think they better back off and you amy never hear from them; they may write to you saying they're returning the file to the OC or selling it on; they may come back fighting which I'd look forward to, though would be surprised.

 

Great to have the update - just a case of wait and see now!

[brokebutnotbeatn]

Hi Lincsloon - your partner is lucky to have your support too! Quite jealous (in a nice way of course)!

[lincsloon]

Hi and thanks for the update. The OFT will probably take quite a time to respond. Red may read the letter and think they better back off and you amy never hear from them; they may write to you saying they're returning the file to the OC or selling it on; they may come back fighting which I'd look forward to, though would be surprised.

 

Great to have the update - just a case of wait and see now!

 

 

Ok mate, will keep informed 1 week at a time, unless anything comes in in between.

[lincsloon]

Hi Lincsloon - your partner is lucky to have your support too! Quite jealous (in a nice way of course)!

 

Lol, yes you do feel unappreciated sometimes & she's still dubious as to what i'm doing, but that's the fella i am!!!

[Big Shoooz]

Hi Lincsloon, I'm in a similar position as your girlfriend with Red, although I think my case is further on.

I have £447.08 outstanding with an old Shop Direct and they have been chasing me for some time and I have been stupidly burying my head in the sand and ignoring them.

 

Red say I can also pay back at £15 per month but that's just not possible for me right now.

 

I have now received a letter from them stating it is their final communication and the next contact I will receive will be from a process server who will be serving me personally with a Statutory Demand.

 

For you folks out there who have experience of Red, how soon is this likely to happen and is it likely to happen at all for a debt less than £450??

 

I am going to send a SAR to them this week in the hope it may delay things but I'm worried things may now have gone too far.

 

Also, now worried about the advice above about hiding a vehicle from these people. What is likely to happen with my vehicle if someone comes round and sees it parked outside my house? Surely these people can find out I have a car anyway?

[UnitedFront]

Hi I'd start a new thread for your issue.

 

Do you have that in writing stating that they will issue a statutory demand??? Unless something has changes significantly since the last time I looked, the minimum amount you could be made bankrupt for is £750, in which case I would complain to Trading Standards and the OFT about that threat. I would also complain to the company, quoting the OFT Guidelines on Debt Collection and the Consumer Protection From Unfair Trading Regulations!!! They are not supposed to threaten actions they cannot lawfully take; and if the debt is less than the bankruptcy limit then they cannot issue a Statutory Demand because that is simply a precursor to a petition for bankruptcy!!

 

Like I say, I'd start a new thread including as much detail as you can and, if possible, a copy of the letter they have sent you with all personal details removed.

 

Have you sent any company chasing this debt a cca request?

 

Cheers

UF

 

 

EDIT

Taken from the insolvencyhelpline website:

How are you made bankrupt?

An individual can be made bankrupt either in one of three ways:

Voluntarily - By the debtor themselves.

Involuntarily - By the creditor owed money (£750 Minimum).

The supervisor or anyone bound by an IVA

A bankruptcy order can still be made even if you refuse to acknowledge the proceedings or refuse to agree to them. You should therefore co-operate fully once the bankruptcy proceedings have begun. If you dispute the creditor’s claim, you should try and reach a settlement before the bankruptcy petition is due to be heard. Trying to do so after the bankruptcy order is made is both difficult and expensive.

[lincsloon]

Another update, my girlfriend had a letter today, from Lowells, (thought Red were dealing with it, lol), anyway the contents of the letter are as below word for word :-

 

 

Dear xxx xxxxxx 31st March 2011

 

We're looking into query

Thank you very much for your letter. We are now looking into your enquiry and will be in touch shortly with an answer.

 

We can't give you an exact date, as we may have to get information from other departments and outside companies. But we will get back to you as soon as we can.

 

Please do call us

In the meantime, if you would like to talk to us about this or anything else, please do phone us here as Customer Services on 0844 844 4716

 

Yours Sincerely

 

*signature*

 

xxxxxxxx xxxxxxx

Customer Services

 

 

 

I know what i think, (look at some of the grammar for a start), but what does the forum think?

 

lincsloon

[lincsloon]

Hi Lincsloon, I'm in a similar position as your girlfriend with Red, although I think my case is further on.

I have £447.08 outstanding with an old Shop Direct and they have been chasing me for some time and I have been stupidly burying my head in the sand and ignoring them.

 

Red say I can also pay back at £15 per month but that's just not possible for me right now.

 

I have now received a letter from them stating it is their final communication and the next contact I will receive will be from a process server who will be serving me personally with a Statutory Demand.

 

For you folks out there who have experience of Red, how soon is this likely to happen and is it likely to happen at all for a debt less than £450??

 

I am going to send a SAR to them this week in the hope it may delay things but I'm worried things may now have gone too far.

 

Also, now worried about the advice above about hiding a vehicle from these people. What is likely to happen with my vehicle if someone comes round and sees it parked outside my house? Surely these people can find out I have a car anyway?

 

Listen, first off don't be fearful of them, they trade on fear trying to get you to part with money, even one instalment is a result to them.

Is the content of the letter(s) written in an aggressive tone? Similar to the one my girlfriend received? If so can't you fire off the excellent letter Tingy produced for me, except 'tweak' it to your requirements. Or send a CCA request and make a complaint to the OFT, also citing stress related health problems.

Pretty sure if you use your car for work no-one can take it off you, if your not using it at present, park it at friends/family residence or if you can afford it put it in a lock up garage, assuming you haven't got one of your own.

There's more knowledgable people on here than me, but as someone has typed, start your own thread, it'll get the attention it needs.

 

lincsloon

[Big Shoooz]

Thanks Lincsloon. Sorry for butting in on your thread but at least it may have given you a warning of a future stage Red can take with your girlfriend.

 

I'll post a separate thread and yes, the letter I received from Red is as threatneing as your girlfriends.

 

I hate these bullys!

 

Good luck to you and yours with getting the problem resolved.

[means2anend]

Its a grovelling letter!!!

 

.'please do phone us here AS customer services'

 

BUT starts as first word off a new sentence when it should continue on from previous..'and outside companies'but....we will get back to you as soon as we can.

 

And anyway...I thought it was RED dealing with this...but then I knew it was gonna be Lowells:lol:

 

m2ae

[lincsloon]

Its a grovelling letter!!!

 

.'please do phone us here AS customer services'

 

BUT starts as first word off a new sentence when it should continue on from previous..'and outside companies'but....we will get back to you as soon as we can.

 

And anyway...I thought it was RED dealing with this...but then I knew it was gonna be Lowells:lol:

 

m2ae

 

 

Exactly what i thought about the grammar, also it was 'query' then an 'enquiry', crikey.

[lincsloon]

Thanks Lincsloon. Sorry for butting in on your thread but at least it may have given you a warning of a future stage Red can take with your girlfriend.

 

I'll post a separate thread and yes, the letter I received from Red is as threatneing as your girlfriends.

 

I hate these bullys!

 

Good luck to you and yours with getting the problem resolved.

 

Not a problem with starting on my thread, now it seems to me you have grounds to attempt to put 'em to the sword. Don't ignore anything again, 'cos like you say, they are bullies.

Good luck with your journey, i'll be keeping an eye out for your thread and having an input.

 

lincsloon

[minmoo]

Just a good luck from me lincsloon. I had one of Tingys special letters about 6 weeks ago for shop direct and it was scary lol. Mind you they never replied to me and have totally ignored it lol. At least you got a reply. I think i will be waiting for ever.

[lincsloon]

Just a good luck from me lincsloon. I had one of Tingys special letters about 6 weeks ago for shop direct and it was scary lol. Mind you they never replied to me and have totally ignored it lol. At least you got a reply. I think i will be waiting for ever.

 

Thank you, if you look at when i joined CAG it was when i had some strife off of Red over an alleged t-mobile account, the guys on here helped me no end. I sent a template letter recorded delivery & never heard from them again. So, i'm not worried by them in the least, in fact i'm probably too bullish. When my girlfriend needed help i stepped in & knew who to contact. Always keep CAG in your favourites.

[minmoo]

Favourites? Its my bl**dy homepage lol

[Tingy]

lincsloon - I'm sure I don't need to tell you this, but don't phone them. Just sit and wait to see if they respond!

 

minmoo - have they ignored it, or have you just heard nothing at all from them since? There is a difference. If they've carried on as they were before, let me know.

[minmoo]

Definietly ignoring tingy, threatening default now and havent acknowledged the letter you wrote for me. They were very quick before to respond to everything else.

 

Sorry lincsloon, not trying to hijack

[Tingy]

Minmoo - have you heard anything else since? If not, I suspect the letter is making them think a bit. Often you never hear from these people again after a letter like that, they just pass things on again.

[minmoo]

I only heard from NDR on behalf of shop direct who say they will default in 14 days. No mention of your letter anywhere (or my offer of reduced payments lol). Selective memory i think. It will just go to a dca and the merry go round will start.....

[lincsloon]

lincsloon - I'm sure I don't need to tell you this, but don't phone them. Just sit and wait to see if they respond!

 

minmoo - have they ignored it, or have you just heard nothing at all from them since? There is a difference. If they've carried on as they were before, let me know.

 

 

Besides anything else Tingy, i wouldn't waste the cost of a call on them.