red debt collection

natanddan1

hi

can anyone advise me on the following.

I had a letter 2 weeks ago from red debt collectionservices saying that i have to pay £8115. Now this debt was from 7 years ago after i finished my business (sole trader) and was from Abbey. I would say that £3000 was my overdraft and the rest made up of bank charges. Any way, 7 years ago i disputed the charges and heard nothing from Abbey for the last 7 years.

I wrote to Red and sent the standard Statute barred letter to them. I have proof of posting and proof of recipt. They have now written again saying that they are disapointed that i have not paid and are passing it up line to their outstanding debt department for a decision on their next move.

I am about to send another letter enclosing the proof of receipt and stating that i am disapointed that they are refusing to acknowledge my previos letter (enclosing proof of receipt) and that they are now harassing me by continuing to press for payment after i had told them the debt was now statute barred. I requested copies of any payments or correspondence on this debt in the last 6 years (there is none) and they are ignoring me.

Any ideas what my next move is??


cheers

rog2

Just ignore them - they can do absolutely NOTHING. Once you have informed them that you will NOT be making any payment towards this 'alleged debt' because it is 'statute barred' they should not continue to pursue you.
The Office of Fair Trading considers it 'unfair for a debt collector to continue to press for payment after a debtor has stated that they will not pay a debt because it is statute barred' Such behaviour could amount to harassment contrary to Section 40 (1) of the Administration of Justice Act 1970.
For full wording see: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

It seems to be in vogue, at the moment,for debt collectors to send out letters 'appealing to your moral sense' to repay this debt. This is wrong and is nothing short of harrassment.

These people should be reported to the Trading Standards Office.

natanddan1

rog2 wrote: »

Just ignore them - they can do absolutely NOTHING. Once you have informed them that you will NOT be making any payment towards this 'alleged debt' because it is 'statute barred' they should not continue to pursue you.
The Office of Fair Trading considers it 'unfair for a debt collector to continue to press for payment after a debtor has stated that they will not pay a debt because it is statute barred' Such behaviour could amount to harassment contrary to Section 40 (1) of the Administration of Justice Act 1970.
For full wording see: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

It seems to be in vogue, at the moment,for debt collectors to send out letters 'appealing to your moral sense' to repay this debt. This is wrong and is nothing short of harrassment.

These people should be reported to the Trading Standards Office.

many thanks, the tone of the letters they sent did seem little strange in the sense that they did seem to be persuing it on moral grounds.

davek1

red debt is part of lowell financial so this is about par for them!!!

natanddan1

do i just ignore any further letters?

What if they decide to visit the house? do i have any redress for harassment?

BWZN93

They wont visit the house, and if they were crazy enough to try, just dont let them in. They cant do anything if you tell em to bog off! They dont have the legal authority to enter your home and start taking your stuff, the only ones that will have that authority is if ordered by the court for non payment of council tax for instance.

As for harrassment : see here http://www.debt-advisors.org.uk/story2.shtml

Jo x

natanddan1

thanks for that jo