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Debt recovery after 6 years??
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woolfordjnr wrote: »Hi all! I have just had RED DEBT contact my wife under her maiden name, So they are chasing the wrong person or the right person dependant on which way you look at it!:rotfl: BUT BUT BUT without going down that line i shall just respond the same way to which i did with.. and some may know these people McKenzie Hall debt collectors based in scotland. I wrote to them with this letter template which was kindly supplied to me by a very kind debt lawyer who gave me invaluable advise for free (very nice man) and emailed this template! I MUST STRESS THIS... i sent this ONCE and.... never got any more grief ever again:T .... apart from it looks like RED have purchased the debt or theyre the same under a new banner, Either way they are having this letter. This letter differs from some i have seen as it really put the the DEBT people in a position of proovinng the debt in some deatil and lets them know of the consequences of not doing so and persuing in the fashion theyre scaring you into thinking will happen (YEAH RIGHT).....
Hi
The best way to deal with them is to reply to them using the following statements :-
]I do not acknowledge ANY debt to your company[/b]. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended
Send the letter recorded delivery and keep a copy.
If you have any other financial problems we would be happy to assist. Should you want us to do a FREE, proper assessment of your credit commitments. Call us direct on 01732451133
Wally Stone
Senior adviser
GOOD LUCK ALL hope this help
Woolfordjnr:money:
We use this template as well, it is a standard one, butt in this case it is not required as the debt is over 6 years old, there are no ccj's on it so it is statute barred. This being the case the letter below is the letter to send.
Hope you enjoy being part of one of the greatest sites there is.BSCno.87The only stupid question is an unasked oneLoving life as a Kernow Hippy0 -
tigerfeet2006 wrote: »Hi Wooford and welcome to the DFW board,
We use this template as well, it is a standard one, butt in this case it is not required as the debt is over 6 years old, there are no ccj's on it so it is statute barred. This being the case the letter below is the letter to send.
Hope you enjoy being part of one of the greatest sites there is.
HI
I don't know if this is the right place to post this, but I sent a letter to Red Debt Collections telling them I do not acknowledge any debt to them etc. etc. and this is the reply I got...
We are in receipt of your request for a copy of the executed credit agreement in accordance with Section 78 of the Consmer Credit Act 1974.
The agreement to which you seek is not a regulated consumer credit agrement and is not governed by the terms of the above Act,
Our client therefore has no obligation under the provisions of the Act to supply the information requested by you.
We would therefore request you contact us on the number below to put forward your proposals to settle the outstanding debt.
My query is. who is the original creditor? They say it is 1ST Credit. I have never got any loans or otherwise from 1ST Credit.
Surely I must get some idea of what this debt is for and how long ago this debt is.
Can someone plese give me some advice?
Many thanksLike good food and drink?
Try Hotel Chocolat and Baileys.
:drool: :drool:0 -
Probably best to start your own thread on this weegie, but if the debt is not an overdraft then they DO need to produce a valid CCA on request.After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
Probably best to start your own thread on this weegie, but if the debt is not an overdraft then they DO need to produce a valid CCA on request.
Thanks for the reply, but I am not too sure how to start a thread. The debt they alledge is unknown to me I don't know who or what I owe the alledged debt to.Like good food and drink?
Try Hotel Chocolat and Baileys.
:drool: :drool:0 -
Someone's already started a thread for you
http://forums.moneysavingexpert.com/showthread.html?t=606292After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
hey these people are bullies they are doing the same to me atm i have two children with disibilites and really cant not be doing with the hassle and has got me down i am seriously thinking of taking legal action against them and sueing they had a turn over last year of over 10million pound i belive just by scaring and harrassing people, red debt colletion service need to stop this it is really unfair they cant be aloud to do this0
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Hi Everyone,
I was in the UK between 2002 to 2005 and returned in Jan 2011. I had some debts during that time for Mobile Contracts and Credit Cards.
Moved to a new thread.
Click ----> https://forums.moneysavingexpert.com/discussion/3711437Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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