Red Dept Collection demanding payment

Blodhemn

Hi there

I received a Letter from Red Dept Collection Services on the 15th of March and after reading on your forums here I saw other people had run ins with these people in the past. I sent them an email as below... and wondered if I should take any further action. As far as myself and my wife are aware, we cleared all out debts back in 2004 after a long struggle, and we are worried we are going to get dragged back down again.

here is what I emailed them.

Hope someone can advise me on best course of action.
Kind regards
Rob Engvikson

Dear Sir/Madam

Ref: xxxxxxxx ( I had the ref no from the letter here obviously )

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to ANY loan company.

I am 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.

I 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.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

Tixy

Hi

If thats your real name on your post I would edit and remove it - debt collection agencies do sometimes read these boards.

Have you heard anything from then since you sent that letter above? If not I would do nothing unless you do.

If they ignore your email and send the same or similar letter again then I would send the same letter but by post (as often emails are ignored).

fermi

Just wait and see what they reply with.

If it does turn out to be a valid debt of yours that was somehow forgotten or missed, then if it's from 2004 it would likely be statute barred.

See --> https://forums.moneysavingexpert.com/discussion/2606811

If it is a valid but statute bared debt, then you can write one of the letters in that link to tell them to get lost.

But first wait to see if they provide details of what it is.

Blodhemn

Thanks for the advice.

So am I right thinking they cannot simply send bailiffs to my door?

As it mentions in the letter they are now taking steps to retrieve payment. And have passed my account over to a Special Recoveries Team.

Tixy

They can't send bailiffs unless they already have a CCJ for this debt - which doesn't sound likely.
They could send doorstop collection agents, which is unlikely but possible.
If they did send doorstop agents they have no rights at all - just tell them to leave, don't sign anything and don't pay them anything.

Special recoveries team is just meant to sound frightening, it'll be the bloke on the next desk over in the office.

fermi

No, they can't send bailiffs without a judgement, and they would definitely have said if they had one of those.

"special recovery section" is most likely the spotty work experiance kid at the next desk along, who will just send out another set of template threatograms.

The letters are designed to sound scary, but they are vague as hell. "take steps" "special recovery" are meaningless.

In the unlikely event that they really take formal legal action, they should send a formal letter before claim making that very clear. All else is just waffle/bullcrap to scare and panic people.

EDIT: Tixy and I keep typing the same things the last few days. :rotfl:

Blodhemn

Better you both typed the same thing, and not something completely different as that would ave confused the hell out of me.