📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Red Debt Collection.

i recieved a letter from RED back on november 23rd saying i owed lowell portfolio £892.28.
i rang them straight away and told them i had no knowledge of the debt. they told me it was taken out on the 14/05/1997.
as the debt is over 6 years old and this is the first comunication from them i sent them a letter by recorded delivery stating it is statute barred.
NOW nearly 3 months later i received a statutory demand. so i went straight to the courts to have it set aside and i am now waiting to hear from them.
i thought they would not be able to do this as it is statute barred.
has anyone had the same thing done to them.

Comments

  • RAS
    RAS Posts: 35,764 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Gazza

    You needd to read the bits by plymouthvictim here and maybe contact him/her and see whether you should take the same action?

    http://forums.moneysavingexpert.com/showthread.html?t=755939&highlight=lowell
    If you've have not made a mistake, you've made nothing
  • I got two letters from them this morning funnily enough. My ever so thoughtful girlfriend has used my address for some reason. I was a bit taken aback as it was a good while ago that she did it I am sure the debt dates back ton 2001. Anyway it is her problem and she is going to take care of it.
    £2 coin/ £46
  • Hiya my fella has also had one, just file it in the bin if it's over 6 yrs old. x
  • RAS
    RAS Posts: 35,764 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi everyone.

    Please send a statute barred letter. The reason?

    If a debt is more than 6 years old, the debt still exists and the DCa are entitled to ask you to pay it, or to sell it on if you do not reply.

    They are not entitled to collect it or enforce it once you have told them that you are not going to pay.

    So if you do not tell them you are not paying, they can just carry on being a pain.
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    Hi everyone.

    Please send a statute barred letter. The reason?

    If a debt is more than 6 years old, the debt still exists and the DCa are entitled to ask you to pay it, or to sell it on if you do not reply.

    They are not entitled to collect it or enforce it once you have told them that you are not going to pay.

    So if you do not tell them you are not paying, they can just carry on being a pain.


    And they carry on being a pain if you DO tell them you won't be paying it. Illegally.
  • dotstar24 wrote: »
    Hiya my fella has also had one, just file it in the bin if it's over 6 yrs old. x

    Yes,exactly. Or shall us thousands who've received this SD all invite them to petition for our bankruptcies at a total cost to them of millions of pounds...
  • RAS wrote: »
    Hi everyone.

    Please send a statute barred letter. The reason?

    If a debt is more than 6 years old, the debt still exists and the DCa are entitled to ask you to pay it, or to sell it on if you do not reply.

    They are not entitled to collect it or enforce it once you have told them that you are not going to pay.

    So if you do not tell them you are not paying, they can just carry on being a pain.

    If denied and over 6 years, they are entitled to ASK you to pay it but it cannot be legally enforced. Once you've told them you do not intend to pay anything and for them not to bother you again, they are guilty of criminal harassment under 1970 AOJ Act if they continue to harass you for money.
    So to attempt to get around this (a statute-barred debt whereby the alleged debtor is law-savvy and knows it to be SB'd is by the way worthless for resale...) they use a different trading name to contact you with....i.e. Lowlife initially,you do the CCA letter and then they issue SD letter under name of RED......mmmm....
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.3K Work, Benefits & Business
  • 599.5K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.