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Red/Lowells DCA

Hey guys,

Bit of back story first.

I received a letter from Red DCA back in October with regards to a £220 T-Mobile debt.

I queried this is the usual manner and eventually sent the "Prove-It" letter, to which i had no response and have not heard anything from them until now.

This evening i got a phone call from my father saying that they had recieved a letter for me that had been sent to my old, old address and kindly passed on by the new owner. The letter was from Lowells demanding the money and threatening Bailiffs etc.

I have not been registered at this address for about 5 years.

Are these 2 companies the same (im sure i read somewhere that they were)?

As Red did not respond to my previous letter am i allowed to go after them for harrassment, and is there anyway of stopping bailiffs from knocking on my old door?

Cheers

Oli
"We're just 2 lost souls swimming in a fish bowl!"

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Are these 2 companies the same (im sure i read somewhere that they were)?

    They are.

    Bailiffs can't happen without it going to court. For that to happen the would have to prove the debt to the court if you made them, which they probably can't do. :rolleyes:
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    They are.

    Bailiffs can't happen without it going to court. For that to happen the would have to prove the debt to the court if you made them, which they probably can't do. :rolleyes:

    How do you suggest i get them to stop sending letters to previous addresses, my dad is going a little bit mental!!
    "We're just 2 lost souls swimming in a fish bowl!"
  • bumping this as i sent message so late at night!
    "We're just 2 lost souls swimming in a fish bowl!"
  • Can anyone help? Please!!
    "We're just 2 lost souls swimming in a fish bowl!"
  • RAS
    RAS Posts: 36,166 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    If they send any documents about legal action to your old address, then they get the judgement by default.

    Send them a letter demanding that all correspondence is in writing and demanding that they remove your old address under the DPA.
    If you've have not made a mistake, you've made nothing
  • 10past6
    10past6 Posts: 4,962 Forumite
    How do you suggest i get them to stop sending letters to previous addresses, my dad is going a little bit mental!!
    Get your dad to send them this letter:
    Your address

    Creditor / DCA Address


    Dear Sir/Madam

    Ref: xxxxxxxxxxx

    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
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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