Going Around In Circles Red Debt Collection.

p3x982

Hiya all,

Right then.... out of the blue about 2 months ago i received a loveley letter from everyones favourite 'Chancers' Lowell Portfolio telling me i owe T-Mobile £65.08.

I did have a PAYG phone with T-Mobile around 8 years ago but had no contract so therefore could not owe the money.

Having lurked around i found a template letter stating i did not acknowledge the debt (on here) and sent it off. Lowell have now passed the debt onto Red Debt Collection so i went ahead and sent them the exact same letter.

Red have replied to me with the following:

We are in receipt of your request for a copy of the executed credit agreement in accordance with section 77(1) and / or 78(1) of the Consumer Credit Act 1974.

The account agreement to which you seek is not a regulated agreement under the CCA 1974 and the provisions of this act do not apply to this debt.

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.

Now i have a template letter ready to go stating that as i have been with O2 on contract for 8 years then this outstanding amount, even if i did owe it would be statute barred ( i think )..... anything else i need to know or to add to my next letter? After reading some threads / posts on here i know not to ring them and to possibly inform them that if they keep on hassling me for this debt then it will be seen as harrassment, just want to know if i've got all the i's dotted and t's crossed and am not missing anything.

Muchos thanks in advance,

p3x982

Merlinexcalibur

We are in receipt of your request for a copy of the executed credit agreement in accordance with section 77(1) and / or 78(1) of the Consumer Credit Act 1974.

The account agreement to which you seek is not a regulated agreement under the CCA 1974 and the provisions of this act do not apply to this debt.

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.

Right, so you tried to CCA them, then? Dunno who advised you to do that, really.

It is up to them BTW, not you, to prove you owe this debt for future reference. There is a letter on the Watchdog website BTW, as they have extensively featured this for a while now, to send to Lowells/Red etc.

After reading some threads / posts on here i know not to ring them and to possibly inform them that if they keep on hassling me for this debt then it will be seen as harrassment, just want to know if i've got all the i's dotted and t's crossed and am not missing anything.

Well, you got that part right. If you contact them or answer their calls you will simply be acknoledging this debt.

I mean, what you really should have done, wasn't to CCA them - if that's what you did, going on what they replied with for example - because you could also have now acknowledged this debt to them by asking for a non-existence agreement.

Now i have a template letter ready to go stating that as i have been with O2 on contract for 8 years then this outstanding amount, even if i did owe it would be statute barred ( i think )..... anything else i need to know or to add to my next letter? After reading some threads / posts on here i know not to ring them and to possibly inform them that if they keep on hassling me for this debt then it will be seen as harrassment, just want to know if i've got all the i's dotted and t's crossed and am not missing anything.

Nope, either use the letter on Watchdog's website - up to you TBH cos I can't make you only give you that advice - or someone else here will advise you on what to do.

But for future reference CCA does NOT apply to mobiles!

Wonders if this is a one hit poster again.

RAS

Merlinexcalibur wrote: »

to Lowells/Red etc.

Well, you got that part right. If you contact them or answer their calls you will simply be acknoledging this debt.

I mean, what you really should have done, wasn't to CCA them - if that's what you did, going on what they replied with for example - because you could also have now acknowledged this debt to them by asking for a non-existence agreement.

Hi

Telephone agreements are not covered by the CCA.

Requesting one does not constitute acknowledgement of debt, not does making a phone call.

Payment or written acknowledgement of debt within 6 years of the previous payment or written acknowledgement restarts the clock on the Statute of Limitiations.

If this "debt" is at least 6 years old as you suggest, even if you paid or made written acknowledgement today, the debt is and would be and would always remain statute barred.

Red/Loweel have been much in the new recently for chasing peope for non-existant mobile debts, mainly with 3.

You could send a statute barred letter, or ignore them.

Merlinexcalibur

Well, I don't know everything. :D Some say it does, some say it doesn't. Hence many get confused. And I am aware CCA doesn't cover mobile phones. That was the whole point, really, of what I posted.

p3x982

Merlinexcalibur wrote: »

Wonders if this is a one hit poster again.

Nah, i'll be around for a bit.