Hello from NZ

[Parrish]

Hi. I need some help please. My husband and I left the UK in late December 2004 and we made sure that all of our debts were paid before doing so. We then moved to the US and spent 3 years there. In 2007 my in-laws forwarded me a letter received at their address from Red Services stating that I owed them approximately 50GBP. AS I had never heard of these people and left the UK without owing any money I called them to find out what they wanted. Provided them with their reference number and was immediately asked to confirm my full name, date of birth and address. Not knowing who they were and what they wanted I refused to do so until they told me what the letter was in reference to - providing these details to people I have never heard of didn't strike me as a good way to protect my identity. They however told me that they wouldn't divulge any information to me until I provided this to them and they completed their Data Protection procedures. I refused to believe this and so the call did not proceed further.

Now, in 2010, Red Services have contacted "me" on my mother-in-law's personal cellphone number, sent a letter to me at their address - where I have never lived, and have called their home telephone number trying to reach me. I have again contacted these people who refuse to provide me with information regarding why they think I owe them money unless I provide all my personal details up front and again quote this Data Protection thing.

Are they legally entitled to ask for this information up front? Do I legally have to provide it to find out what they want? How do I stop them harrassing my in-laws as I have already informed them that I do not live there and never have? How do I do all of this from overseas where I am a full 11 hours ahead of GMT???

Cheers for any info you can provide.

[Animal]

Re: Hello from NZ

Opinion only...

but they have been able to contact you via that address so the calls won't stop. I suggest your inlaws send a letter stating you don't live there and never have and if they continue to call, they will be reported to OFT, prosecuted for harassment etc... If they have disclosed your debt to your inlaws, then they are potentially in trouble as they have breach OFT guidelines and the DP act.

Here's a sample template from another forum which your inlaws will need to adapt as they are not the alleged debtor:

Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode


Dear Sirs
Harassment by telephone

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of e important thing is to record your calls.br /br /span style=\'float:right\'a style=\'padding-left:20px;text-align:right;font-size:80%;\' href=\'http://www.autolinker.com?ref=www.consumeractiongroup.co. uk\'AutoLinks by http://www.autolinker.com/a/span/div', BGCOLOR, '#63DD78', BORDERCOLOR, '#C9678E', BORDERWIDTH, '1', WIDTH, '-500', TITLE, 'Record your calls', SHADOW, '1',FOLLOWMOUSE, 0, OPACITY, '95', FADEIN, '300', FADEOUT, '300', CLICKCLOSE, true,FOLLOWSCROLL, true,CLOSEBTN, true, PADDING, 0); microAjax('autolinker/autolinker_stats.php?uid=8067&fid=174&t=v&kw=telep hone calls', function (res) {;});" style="font-weight: bold; font-style: normal; text-decoration: underline; text-transform: none; font-size: 100%; color: rgb(0, 0, 0); font-family: Gill Sans;">telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further e important thing is to record your calls.br /br /span style=\'float:right\'a style=\'padding-left:20px;text-align:right;font-size:80%;\' href=\'http://www.autolinker.com?ref=www.consumeractiongroup.co. uk\'AutoLinks by http://www.autolinker.com/a/span/div', BGCOLOR, '#63DD78', BORDERCOLOR, '#C9678E', BORDERWIDTH, '1', WIDTH, '-500', TITLE, 'Record your calls', SHADOW, '1',FOLLOWMOUSE, 0, OPACITY, '95', FADEIN, '300', FADEOUT, '300', CLICKCLOSE, true,FOLLOWSCROLL, true,CLOSEBTN, true, PADDING, 0); microAjax('autolinker/autolinker_stats.php?uid=8067&fid=174&t=v&kw=telep hone calls', function (res) {;});" style="font-weight: bold; font-style: normal; text-decoration: underline; text-transform: none; font-size: 100%; color: rgb(0, 0, 0); font-family: Gill Sans;">telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


[NAME HERE] (type don't sign)

You could send something like this:

Name/Address:

Date:

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully
----------

Good luck, and hope you're enjoying my homeland :-)

[Parrish]

Re: Hello from NZ

Hiya.

I plan to write to them as suggested. I will see what the in-laws think of doing the same.

I still need to know if RED are entitled to ask me for all my personal info up front should I choose to ring them. I'm loathe to write to them from here because I don't want them attempting to harass me long-distance as I have no doubt they would do were I to provide my address here to them.

Oh yes, we are certainly enjoying it here, have no intention of leaving any time soon. Though, I wish it was a little bit warmer down here on the South Island than it is at the mo!

Cheers!

[Amethyst]

Re: Hello from NZ

I'd expect if you left the UK in 2004 then in 2010 this debt, if there was something outstanding you missed, would be statute barred anyway and they are just trying it on.

Harrassment letter should help the in laws out a bit.