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Red Debt Collection Services - ADVICE PLEASE


Fiona Flint
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Hi

 

I am new to the site and advice would be greatly appreciated. I received a letter about three months ago from a company called Lowell. They were asking for an outstanding amount from a client called Creation Finanacial Services for an outstanding amount of £186.15. I had no isea what this was about so rang them and told them. I also reported it to the police and recieved a crime number. So good so far, until a month ago when I receive 2 demand letters from a company called Red Debt collection. I rang them and explained. I was advised to send them the crime ref number, which i did. I then recieved a second letter a week later demanding the outstanding amount. I rang again and they advised me to send in a copy of my passport!

 

I am reluctant to do this can anyone advise on my best course of action.

 

Thanks

 

:confused:

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Consumer Credit Act request, if the debt collection agency have bought the debt then they have 12 days to reply to it, they have to send the executed agreement you signed and the deed of assignment, if they fail they are in default.

If another 30 days pass after this they have committed a criminal offence and the debt is legally unenforceable, at this stage they would need to go to court and ask a judge to enforce the debt (if they find the documents required) this action is unlikely as they have committed criminal offence and they would not be looked on very favourably as they didnt supply the documents to yourself therefore wasting the courts time, hope this helps.

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Whilst on the subject. I owe Moorcroft £4104.99 from a really old Natwest account that kept going up from charges etc. I pay back £40 per month which will take me years to clear. How could I go about offering to pay a settlement or similar?? I wouldnt know where to start...thanks

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Whilst on the subject. I owe Moorcroft £4104.99 from a really old Natwest account that kept going up from charges etc. I pay back £40 per month which will take me years to clear. How could I go about offering to pay a settlement or similar?? I wouldnt know where to start...thanks

 

FULL AND FINAL SETTLEMENT OFFERS

 

Here we explain how to make offers in 'full and final settlement' to your creditors. This means that you ask the creditors to let you pay a lump sum which is less than the full balance you owe on the debt. In return for having a lump sum payment the creditor agrees to write off the rest of the debt.

 

You may be able to do this because you have come in to some money or have some savings you can use. Sometimes a friend or relative offers to put forward a lump sum to help you pay off the creditors. Your circumstances may be very unlikely to change for the better in the future. It is very important that you explain to the creditors that the money will not be available forever and the friend or relative will not make the payments unless the offer is accepted.

 

 

HOW TO MAKE AN OFFER

 

REMEMBER

Make sure you keep copies of any letters you send.

  • It is very important to make sure the creditor accepts your full and final settlement offer in writing. Make sure you keep a copy in case there is a dispute which can happen years later.
  • Never send a lump sum payment before the offer is accepted.
  • It is a good idea to get a third party such as a friend or relative to send the money on your behalf. This helps your agreement to be more legally binding if the creditor accepts the money via a third party.
  • If you are settling a debt that is large or particularly important, you could have a formal agreement drawn up by a solicitor and signed by you and the creditor. This is not normally necessary.

ADVICE

Make sure the creditor agrees in writing to change your credit reference file details to show the balance is 'satisfied' and the date. Check this has been done by asking the credit reference agencies for a copy of your credit file.

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Just thought I'd add I requested CCA from Red Castle (not sure if same company) they didn't even have the decency to respond to my letter although someone phoned me to chase the debt and said all they'd received was £1 in x months I advised him this was the fee I had paid for the CCA he got of the phone sharpish!

 

That said they are now seriously in default and I have written to them to advise this and to clear any negative entries on my credit report. Hope this helps :)

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try to ring the post office on this number ( you will speak to a human and not automated) 08457740740 i think its opotion 4.

some companies recieve recorded letters in bulk and it can take a while to show on the system. also check when your £1 was cashed as this can be proof of reciept and keep all letters you send with recipts etc:)

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Got a reply back today from Red Debt. They are telling me they are going to request a copy of the original agreement. They also advise that under the consumer credit act they are only obliged to provide me with a copy of the agreement and not the deed of assignment.

 

Thats it......do i just wait now???

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