Red collections now!! can someone please advise?

[strong123]

Hello again everyone,

I'm hoping for a little advice again or assurance I'm doing the right thing.

To try and be brief, I had been receiving letters to my aunts address (I no longer live there since mid august) from lowlife regarding an account which is definitely SB'd.
Due to me not wanting to open a can of worms with other larger debts, after posting on here I was advised not to contact them as the debt is sb'd and should they decide to take further action I.e. court, it was an absolute defence. Not to mention I no longer live there. This I have done.

4 weeks ago I received (at my aunts) x2 letters from red collections regarding the SB'd debt and one for another debt (roughly £300) to mobile phone debt. I don't think this is SB'd because I do recall setting up payment to lowell, however the payments I made have not been deducted from the original amount which they say I owe.This week I received 2 letters again from red asking me to contact them within 14 days and offering me 75% discount or a payment plan. Or they may send a doorstep agent to my home. The letters are dated nearly 2 weeks ago but was only delivered this week.

My question is, should I now contact them informing SB for the one that is and sending them a prove it letter for the mobile account and also inform them I no longer live there. Baring in mind I may start getting chased for the larger debt. Or should I get my aunt to contact them informing them I no longer live there at which point I'm sure they will check with the cra to locate me.All advice is greatly appreciated. I don't want them sending anyone to my poor old aunt, she is not in the best of health. I understand they have no right to send anyone even if I was living there but I just don't want her to have the hassle.Thank you all in advance. X

[josh1234]

Re: Red collections now!! can someone please advise?

red are inhouse dca for lowells ie: next desk down if they are offering you a discount its obvious they dont have any paper work that would make your alledged debt enforcable should it go as far as court.as for you not wanting people to visit your aunts house send lowells and red a removed rights of acess letter.as for the sb debt let them do the donkey work and take you to court for it.if you had set up a payment plan with lowells that rewinds the sb date to your first paymet to lowells.i would ignore the letters for the sb debt aslong as your sure it is sb and concentrate on the alledged debts you know arnt sb.you need to start asking for documents like deeds of asssighnment,deeds of novation and a credit aggreements.also if you are stil paying lowells stop until they provide you with the documents you have requested.

[CleverClogs]

Re: Red collections now!! can someone please advise?

1. Red is just another part of the Bowells group. and they're all mouth and cheap. shoddy trousers.
2. Only the householder may revoke any implied right of access.
3. If Bowells did send someone round, they'd have no more right to be there once told to bugger off than the fleas on next door's cat.
4. Aunty could use reasonable force to shoo them away. A yard-brush to the face can be so persuasive.
5. Once a debt has become Statute Barred by section 5 (link) of the Limitation Act 1980, it cannot be subsequently revived - section 29 (link).
6. Any acknowledgement must be in writing and signed (section 30 - link) so nothing said over the electric telephone to Bowells would count.

[strong123]

Re: Red collections now!! can someone please advise?

1. Red is just another part of the Bowells group. and they're all mouth and cheap. shoddy trousers.
2. Only the householder may revoke any implied right of access.
3. If Bowells did send someone round, they'd have no more right to be there once told to bugger off than the fleas on next door's cat.
4. Aunty could use reasonable force to shoo them away. A yard-brush to the face can be so persuasive.
5. Once a debt has become Statute Barred by section 5 (link) of the Limitation Act 1980, it cannot be subsequently revived - section 29 (link).
6. Any acknowledgement must be in writing and signed (section 30 - link) so nothing said over the electric telephone to Bowells would count.

Ahh CC I've missed ya! Yet again you've managed to make me laugh in the face of stress and terror!

I've been pretty good with my anxiety lately and done everything what you and FP advised but when they sent the 2 letters offering me 75% discount or a doorstep agent dread poored over me. I can deal with it if they knocked at my door but don't want them bothering my auntie.

My personal plan is if possible hold them off (ignore) until after Christmas and then deal with head on....that's what I'd like to happen! Lol

Thanks guys, btw....I'm not sure how they work out their 75% discount because it was far more than what I worked it out to be on calculator??

[Amethyst]

Re: Red collections now!! can someone please advise?

Think the 75% is you pay 75% of the debt so it is actually a 25% discount..... be nice if it were the other way around.

[strong123]

Re: Red collections now!! can someone please advise?

Think the 75% is you pay 75% of the debt so it is actually a 25% discount..... be nice if it were the other way around.

Lol thank Ame, that makes more sense. They should learn to write, when they say "we are prepared to offer you 75% discount" that is naturally what I'd expect it to be.

Jokes!

[josh1234]

Re: Red collections now!! can someone please advise?

do you realy think a multi million pound company would offer you a discount if everything was above board.its simple if they have bought the debt they have no paperwork that would make the debt enforcable hence the discount.discount=clutching at straws.and remember these dca feed on anxiety and fear dont ever let them get you down.

[CleverClogs]

Re: Red collections now!! can someone please advise?

Think the 75% is you pay 75% of the debt so it is actually a 25% discount..... be nice if it were the other way around.

Even if their victim only had to pay 20%, Bowells would still make a profit.

[Nibbler]

Re: Red collections now!! can someone please advise?

My question is, should I now contact them informing SB for the one that is and sending them a prove it letter for the mobile account and also inform them I no longer live there. Baring in mind I may start getting chased for the larger debt.

concentrate on the alledged debts you know arnt sb.you need to start asking for documents like deeds of asssighnment,deeds of novation and a credit aggreements.also if you are stil paying lowells stop until they provide you with the documents you have requested.

I would just note on that, as a mobile debt it wouldn't be covered by a credit agreement under the CCA.

Lowlifes should however (and probably can't) provide proof that a contract was taken out and details of the debt and how it accrued.

[strong123]

Re: Red collections now!! can someone please advise?

I would just note on that, as a mobile debt it wouldn't be covered by a credit agreement under the CCA.

Lowlifes should however (and probably can't) provide proof that a contract was taken out and details of the debt and how it accrued.

Thanks for that Nibbler.

I knew it wouldn't be covered by the CCA but wondered if a prove it letter could be adapted requesting them to send me details, just as you have suggested.

The reason I want details is because I'm again not sure, but this debt could also be SB'd but I'm just not sure. I don't have any details whatsoever of this debt.

Would you know a link to a template letter please?

I would like to get on top of this after Christmas if I can.

Thanks again.

[CleverClogs]

Re: Red collections now!! can someone please advise?

Would you know a link to a template letter please?

If there isn't one, I'd gladly devise something.

[Nibbler]

Re: Red collections now!! can someone please advise?

Well, the standard prove it letter would be appropriate?

i.e. the standard one from NDL

Dear Sir/Madam

Ref:

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

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

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. 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.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully

You could say adapt that to refer to proof rather than evidence. If you wanted you could itemise what you consider proof would be, but could be better to just let Lowells dig their own hole by sending you a load of tosh. Your call.

[strong123]

Re: Red collections now!! can someone please advise?

If there isn't one, I'd gladly devise something.

That I would love to see CC, no doubt it will be a letter informing exactly what's what!

[strong123]

Re: Red collections now!! can someone please advise?

Well, the standard prove it letter would be appropriate?

i.e. the standard one from NDL



You could say adapt that to refer to proof rather than evidence. If you wanted you could itemise what you consider proof would be, but could be better to just let Lowells dig their own hole by sending you a load of tosh. Your call.

Thanks so much Nibbler.

I'm going to get my aunt to call them and notify them I no longer live there. That way they will then search cra and locate me at my current address. Once I start receiving the threats I'll be able to tackle them with a clear head and a solid plan of action.

I feel I'm gonna be posting up an awful lot once that's done.

Thanks again to you all.