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11 y/o upaid CCJ being chased


KaptRoger
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Hi Folks,

 

I have today received a letter from RED (dated 10th), one of a series from them demanding money. I have decided to reply to this one but have paused because the content is not quite a knock out blow that I would like.

 

I notice that they state that if they do not hear from me within seven days that they will obtain a copy of my credit file and review it. Do they have the right to do this? I'm not particularly bothered but on principal would like to complain. Do they have the right to inspect peoples' credit files without their permission?

 

Thanks in advance.

 

BTW Apart from knowing that I don't owe them anything, I have gone through our bank statements and can see that see that we have not paid anything to them, Lowell or the "original company".

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I have received a 3 calls over the last month from this company.

Each time they have left a message asking for us to contact them urgently.

I have no idea what is about. I won't be contacting them though. I suspect they are just fishing.

I will look into whether they can inspect credit files at will.

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Hi Folks,

 

I have today received a letter from RED (dated 10th), one of a series from them demanding money. I have decided to reply to this one but have paused because the content is not quite a knock out blow that I would like.

 

I notice that they state that if they do not hear from me within seven days that they will obtain a copy of my credit file and review it. Do they have the right to do this? I'm not particularly bothered but on principal would like to complain. Do they have the right to inspect peoples' credit files without their permission?

 

Thanks in advance.

 

BTW Apart from knowing that I don't owe them anything, I have gone through our bank statements and can see that see that we have not paid anything to them, Lowell or the "original company".

 

I think they are able to check your credit files.. but to use this as a threat is simply quite hilarious..

 

Red are part of Lowells who would normally show as checking the credit files..

 

As to whether they do have permission.. I really dont know.. I think they get this from the original creditor under the small print on the terms and conditions about passing on their rights to a 3rd party.

 

TBH, I would simply ignore them.

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Uploading documents to CAG ** Instructions **

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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That's correct CB the debt purchaser ''inherits''all the rights laid down in the original agreement.

 

You say you owe them nothing can you clarify and enlarge on this please?

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Thanks for all the replies.

 

Perhaps I'm just getting on my high horse over nothing. It just doesn't seem right that because they have "picked" me, that they have the right to inspect my financial details.

 

Brigadier, I have not had any dealings with them or the OC. This debt is not mine. I have ignored them for quite a few letters, and even though this one is one of the many automated ones these people send out, it has sort of annoyed me that they feel that they can claim the right to do this. Maybe my letter should be a prove it or go away type.

 

As their letter stated that I have 7 days from the date of the letter (10th - and received it today), my response is unlikely to get back to them in time. Perhaps my reply should have a similar 7 day limit? Prove it within 7 days or go away? He he. (Petulance showing through).

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Ok, do you want me to try and put this away for you, if this debt is not yours please give me all the information you can and I will draft a letter for you that will hopefully get rid of Lowell/ Red for good.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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What details do you need? A copy of the last letter?

 

TIA

Yes suitably redacted, and some history of the disputed account and the time scale please.

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Follow these instructions to post up any documents..

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

 

Please note, they might be able to look at your credit file.. but until and unless they issue a claim, obtain a judgment and you fail to pay any judgment debt - they will NOT be able to examine your financial details.. eg bank accounts etc..

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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gigGY

 

Posting the image was a bit worrying. After quadruple checking I'm fairly sure it is suitably anonymous. I noticed it has a letter template number on it. Hopefully it just indicates that layout they have used.

 

The history has become a history (gosh).

 

I dug out the previous letters and this led to another file and so there is a bit more information.

 

November 2010 Equidebt - Pay us in full within 7 days

November 2010 Equidebt - We have set up a repayment plan on your behalf

November 2010 I reply - Who are you? What is this debt? Prove it.

November 2010 Equidebt - Letter saying these are the details, here are the reference numbers - not any actual proof.

November 2010 Equidebt - Pay in full by December 2010. Our solicitors are ready etc

November 2010 Me - Not my debt!

December 2010 Equidebt - With reference to your letter we have referred this matter back to our clients.

December 2010 Equidebt - Act now. Pay now!

December 2010 Equidebt - Your lack of response to our letters concerns us. We will consider discounts etc

November 2012 Equidebt - We have sold your account to Lowell

November 2012 Lowell - Hi we are Lowell and we now own your debt! Pay now!

November 2012 RED - Your account has been passed to us Pay now.

December 2012 RED - We will look at your credit file..........

 

I happen to have bank statements in electronic form going back over 7 years which has allowed me to search for RED/Lowell/Equidebt and the OC so even if my memory of debts has failed (which it hasn't - there is no way of forgetting the thousands they are claiming) the statements show that I've not paid anything to them - so there can't be a debt can there?

 

Brigadier a form of words that gets rid of them forever would be very nice. I know I can write something that will make them go away for a while but as you can see they just pass this database entry around, so I imagine that in the run up to next Christmas someone else will be writing to me.

 

Cheers

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Kapt

In November EQ sold a skipload of debts on to Bowell that they'd previously purchased but been unable to collect on.

Bowell paid bargain basement price for these secondary assignments in full knowledge that these would prove hard nuts to crack.

They've all been placed on their fast track channel.

First thing they would have done would be to check your credit file but they only now tell you, as part of the tightening of the screw.

They will next use Hampton letterhead and offer you a discount.

Whether you choose to reply or just ignore, do NOT let them bother you. They are simply incompetent apes.

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Pressure from a a DCA is inversely proportional to the legitimacy of the debt they claim.

Could be true...

 

(I am stuffed on my mortgage shortfall then - they are as quiet as mice...)

 

 

Kapt

In November EQ sold a skipload of debts on to Bowell that they'd previously purchased but been unable to collect on.

Bowell paid bargain basement price for these secondary assignments in full knowledge that these would prove hard nuts to crack.

They've all been placed on their fast track channel.

First thing they would have done would be to check your credit file but they only now tell you, as part of the tightening of the screw.

They will next use Hampton letterhead and offer you a discount.

Whether you choose to reply or just ignore, do NOT let them bother you. They are simply incompetent apes.

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Thanks for all the advice. I'm not fretting at all about this, except for the silly bit about do they have the right to look at anybodies credit record?

 

Still, I'm looking forward for the Brigadier's missive.

 

Thanks all.

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yes if they hace a consumer credit licence

 

your image does not show

follow the guide i posted before

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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gigGY

 

Posting the image was a bit worrying. After quadruple checking I'm fairly sure it is suitably anonymous. I noticed it has a letter template number on it. Hopefully it just indicates that layout they have used.

 

The history has become a history (gosh).

 

I dug out the previous letters and this led to another file and so there is a bit more information.

 

November 2010 Equidebt - Pay us in full within 7 days

November 2010 Equidebt - We have set up a repayment plan on your behalf

November 2010 I reply - Who are you? What is this debt? Prove it.

November 2010 Equidebt - Letter saying these are the details, here are the reference numbers - not any actual proof.

November 2010 Equidebt - Pay in full by December 2010. Our solicitors are ready etc

November 2010 Me - Not my debt!

December 2010 Equidebt - With reference to your letter we have referred this matter back to our clients.

December 2010 Equidebt - Act now. Pay now!

December 2010 Equidebt - Your lack of response to our letters concerns us. We will consider discounts etc

November 2012 Equidebt - We have sold your account to Lowell

November 2012 Lowell - Hi we are Lowell and we now own your debt! Pay now!

November 2012 RED - Your account has been passed to us Pay now.

December 2012 RED - We will look at your credit file..........

 

I happen to have bank statements in electronic form going back over 7 years which has allowed me to search for RED/Lowell/Equidebt and the OC so even if my memory of debts has failed (which it hasn't - there is no way of forgetting the thousands they are claiming) the statements show that I've not paid anything to them - so there can't be a debt can there?

 

Brigadier a form of words that gets rid of them forever would be very nice. I know I can write something that will make them go away for a while but as you can see they just pass this database entry around, so I imagine that in the run up to next Christmas someone else will be writing to me.

 

Cheers

 

 

 

Ok here is the missile.

 

The Compliance Manager

Red Debt Collection.

 

Ref:as on their letter:

 

FORMAL COMPLAINT

 

Dear sir,

 

I refer to your letter dated xx xx xxxx in which you threaten to view my credit reference files regarding a debt for £x. xxx which you allge is owed by me, I now inform you that I do not give you permission to view my personal data for the simple reason the allged debt is not mine and I deny any liability for it.

 

For your information the allged debt has been passed around the dreggs of the debt collection ''industry'' since November 2010 starting with beeging letters from Equidebt who have not proved the alleged debt is mine or that I have any liability.

 

As Lowell have now aquired the alleged debt and ''insructed '' Red Collection to pursue it I formally state I do not acknowledge any debt to Lowell, Red Debt Collection or even Hamptons Legal or any other company in the Lowell group you might like to pass this on to.

 

I am sure I do not have to remind you of the OFT Guidance on Debt Collection 2003 revised November 2012 Section 3.9(a) Deceptive and Unfair Methods:

''Sending demands for payment, by any means, to an individual when it is uncertain whether he is the actual debtor.''

 

Also Section 3.9 (i) is pertinent here The alleged debt is disputed and Lowell/Red are pursuing the wrong person. Section 3.9 (j) ''Requiring an individual to prove that he is not the actual debtor who owes an outstanding debt.''

 

For Clarification and avoidance of any misunderstanding I do not acknowledge any debt to the Lowell Group and I am not the debtor you seek and no payment or offer of payment will be made now or in the future.

 

It is manifestly obvious that the Lowell Group have been sold an uncollectable debt which is going to remain so.

 

I require you to cease processing all data relating to me and remove it from your records immediately, any further contact from the Lowell Group will be treated as harassment and suitable action WILL be taken.

 

Should Lowell decide to sell on this debt, and anyother company contacts me they will be reffered back to Lowell.

 

THIS IS MY FINAL RESPONSE.

 

 

Send recorded delivery and check receipt.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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We all know that when you agree to a load you agree to a credit check being done by the lender and their agents. Once the debt is sold and passed onto a DCA, surely the original T & Cs are no longer in force and the DCA cannot do a credit check as they do not have your permission? At this point the DCA is not an agent of the original creditor?

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We all know that when you agree to a load you agree to a credit check being done by the lender and their agents. Once the debt is sold and passed onto a DCA, surely the original T & Cs are no longer in force and the DCA cannot do a credit check as they do not have your permission? At this point the DCA is not an agent of the original creditor?

 

The Terms and conditions are still in force when a debt is sold the debt purchaser inherits the rights of said agreement, nor does the DCA have to be an agent of the creditor.

 

A DCA can report to/search credit reference files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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We all know that when you agree to a load you agree to a credit check being done by the lender and their agents. Once the debt is sold and passed onto a DCA, surely the original T & Cs are no longer in force and the DCA cannot do a credit check as they do not have your permission? At this point the DCA is not an agent of the original creditor?

 

The Debt Purchaser inherits the rights set out in the original agreement so is entitled to search credit files and to report the conduct of the aquired account, they do not need to be an''agent'' of the creditor.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The Debt Purchaser inherits the rights set out in the original agreement so is entitled to search credit files and to report the conduct of the aquired account, they do not need to be an''agent'' of the creditor.

 

That's correct but they have to be reasonable in what they do. Their searches should be table 2 (i.e. not visible to third parties) and if they're not, then they should be used sparingly. Lots of Table 1 searches will damage a credit rating.

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The ICO believes that table 1 searches are reasonable provided that the amount and frequency of searches is not great but they are a reflection of the data subjects credit profile and should be available to potential creditors.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 3 weeks later...

Hi,

 

We have just received a letter from DLC which has a Court Name and Claim Number reference on it.

 

The letter says that they have been trying to collect the outstanding balance from us.

 

Can any one advise whether this actually means there is a CCJ in effect or are they just trying it on?

 

We have searched TrustOnline and there are no CCJs at our current or previous addresses.

 

Is this something that DLC normally does? Pretend that there is a claim?

 

Thanks

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