Red debt collections/lowell finance

ourfamily

Hi there, wondering if anyone can help me. Ive received a demand from Red debt collection demanding £720 on behalf of Capital One for an old credit card taken out back in 1999. No payments were made after 2001 on this and it wasnt £720. Credit limit was £250 !! Help, what can i do? can they still claim this money, there is a number to ring on the letter to set up a payment plan but im scared of them demanding the full amount. I think these guys could also be LOWELL FINANCE as they have carried out 2 credit searches on me and my hubby in the last month.
Any advice would be greatly welcomed

ghostmadlittlemiss

Providing no payments were made by you and you didn't write to them in the last 6 years (which you say you didn't), the debt is statute barred and they can't chase you for it. You need to write to them and tell them this. The letter you need is here: http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3
Kayleigh
PS DO NOT sign the letter, just print your name at the bottom.

dancingfairy

As the OP says don't sign it as signatures have sometimes mysteriously then appeared on credit agreements.
df

ourfamily

thanks so much , what do i do after i have sent them the letter? and do i send it to red(who wrote the letter) or lowells finance(who they say on the letter they are acting on behalf of).

fermi

ourfamily wrote: »

thanks so much , what do i do after i have sent them the letter? and do i send it to red(who wrote the letter) or lowells finance(who they say on the letter they are acting on behalf of).

Send it to Red.

They are actually both the same company anyway.

ourfamily

I read somewhere that i also have to send a letter to prove the credit agreement or something? is this true and do i send it before or after the statue barred letter?
thanks

RAS

If the debt is statute barred, then the CCA is an irrelevence. Even if they have it, they cannot take you to court and win if you defend the case. The only defence you would need is that the debt is statute barred.

ourfamily

There is 2 addresses for red's on the letter, should i use the po box address or the registered office address? sorry to be a pest asking but i want to do it correctly

ghostmadlittlemiss

I'd go with the registered one as you'll want to send it recorded delivery so you've got proof they've got it.
Kayleigh

ourfamily

Right i have addressed it to their registered office as I am planning to send it Recorded Delivery , and dont think that would be applicable to a PObox number.

Is there a certain amount of time they have to reply to me within? What happens next if they continue to send collection demands?
Thankyou all for your help

Candleway

Can someone please give me some advice?

I was contacted by Lowell Finance by letter (which I passed onto the Fraud Squad at my local police force), with a reply, and then by a serioes of very aggressive phone calls. They claimed that I owed a large sum of money on a credit card and that I was to pay immediately. I disputed the debt.

Out of nowehere, a default notice appeared on my Experian report dating to 2004 and updated to 2007.

I took legal advice and challenged them.

I then received a letter informing me that they had put a claim in the County Court at Northampton. I arranged for the hearing to be moved to a court local to me. The judge ordered that Lowell's claim be struck out as there was no paperwork.

However, it has proved impossible for to get either Lowell or Experian to remove this notice from my account. I have emailed a copy of the court's judgement. Shouldn't this be enough?

This the entry does not hinder me getting credit, it does hinder my getting credit on good terms. My credit record, otherwise, is spotless.

Anyone have any ideas?