Letter from "Red Debt Collection Services" - I'm convinced it's not mine!

rattyhelen

Hello

My sister has just receieved one of these Red Debt collection letters that's gone to an address she only recently moved into.

Is it best to ignore them, return to sender or send off the standard "prove it or stop harassing me" letter to them? Seems to be conflicting advice as to how to deal with these cowboys.

She's never even had a 3G phone.

Thanks

magpiecottage

Rog2 has now started this thread on how to complain to DCAs

tapeworm

MikkyX wrote: »

Hi all,
First post, be gentle

I received a letter last week from a company called Red Debt Collection Services stating they were collecting on a debt of £200 to HSBC. There were just two problems with this:

1) Although the letter had my name and address on it, the middle initial was wrong. Fiddly, I know, but I thought it was significant considering........

2) ........I've never owed HSBC a penny

Upon receiving the letter I phoned the CCCS (currently going through a debt management plan with them) and asked their advice. They suggested that the letter was probably sent to me by mistake as if a company is having trouble tracking down a person who owes them money, they just spam letters to everyone they can find who sounds vaguely similar. I should ring the agency and explain this. So I did and got a helpful sounding girl to talk to, and they agreed to retrace, see if they'd got the wrong man (they have!).

Today I got another letter from them so I rang up and queried how the trace was going. I got a much less helpful guy who told me that since I'd verified my name, address and date of birth (all of which apparently match their records) the debt was definitely mine and I should pay up. No acknowledgement of any trace. Then the knockout punch (for them) - he said the debt was outstanding on a HSBC current account. I've banked with Barclays and now NatWest but NEVER HSBC. I told him this - he acted like it was irrelevant - still my debt.

The conversation went round in circles, got a little heated, and ended with him saying I would have to prove I wasn't the person who owed the debt by sending them a copy of my passport and a letter with my signature on so that they could match it to the original documents, and me demanding THEY prove I'm liable for the debt before things proceed any further. Which they won't be able to do since I've had no dealings with HSBC..... I'm thinking of ringing HSBC to ask them what's going on.

Before I proceed I wondered what advice people here had for me as to where to go next - should I send the proof of ID they're asking for or leave the onus on them to provide the proof *I* requested?

as far as i know hsbc have their own inhouse debt collection agency called metropolitan. i know because i owed a debt to hsbc and yes it was genuine. ive been with hsbc over ten years and ive never heard of them using red debt collection agency which belongs to lowell portfolio.

my advice would to be to write to them and get them to prove that you owe the debt.

YAZZ_2

I have today been called into the financial directors office and given a verbal warning after 3 letters from RED and lowell came addressed to me demanding money.
1. from HSBC 2. from Shop Direct 3. not specified.

I do not owe this money but how do I prove it?

What I am more furious about is I know 3 mobile must have given this company my work address!!!:mad: The only reason why I know this is because when my new mobile came I had it delivered to work and 3 mobile changed my billing address to my work which ended up with the first 'telling' off from work. Work accepted this as a genuine mistake. I have never ever given my work address for anything ever other than that. Also, Red/Lowell made exactly the same spelling mistake as 3 and also in exactly the same format!!!
Not only did I have the extreme embarressment of being called in about this but I am now scared of losing my job as it is looking like I am using the works address!!! :mad:

rog2

YAZZ wrote: »

I have today been called into the financial directors office and given a verbal warning after 3 letters from RED and lowell came addressed to me demanding money.
1. from HSBC 2. from Shop Direct 3. not specified.

I do not owe this money but how do I prove it?

What I am more furious about is I know 3 mobile must have given this company my work address!!!:mad: The only reason why I know this is because when my new mobile came I had it delivered to work and 3 mobile changed my billing address to my work which ended up with the first 'telling' off from work. Work accepted this as a genuine mistake. I have never ever given my work address for anything ever other than that. Also, Red/Lowell made exactly the same spelling mistake as 3 and also in exactly the same format!!!
Not only did I have the extreme embarressment of being called in about this but I am now scared of losing my job as it is looking like I am using the works address!!! :mad:

VERY naughty of RED (Lowell)

They should NOT be contacting you at your place of work, but, and more importantly, they have absolutely no right to discuss your affairs with your employers (or any third party come to that).

They are in serious breach of the Data Protection Act, and should be reprted to the Information Commissioner's Office; http://www.ico.gov.uk/complaints.aspx

Furthermore, it is up to Red to prove any debt. Their behaviour seems totally contrary to the OFT Debt Collection Guidelines, to which they should adhere:
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I think you should contact the Office of Fair Trading and your local Trading Standards Office to complain, immediately.

madass2009

RAS wrote: »

Hi - You need to write to them. That way when they cannot find the documentation, you can tell them to bogoff and that if they ever contact you again, you will make a formal complaint (actually they are committing and offence but getting anyone to take them to court is difficult).

If you just phone, this will keep going. As you have discovered it depends entirely who you speak to and they are not consistent in their behaviour.

Send the letter rog directed you to, above, recorded delievey.

There may be a problem with writing to RED
a written request for details of the debt counts as an acknowledgement, as does a letter that states that you cannot afford to make any payment
Making reference to a telephone conversation in a subsequent letter signed by you could amount to an acknowledgement.
If the debt is likely to be statute barred (more than 6 years old) it is safer to make enquiries by telephone rather than in writing.

It is safer to ask them to supply a copy of the signed agreement by phone. If they persist in ringing use the words that you view there actions as harassment which is a criminal offence.

fraud_phish_spam_hater

madass2009 wrote: »

There may be a problem with writing to RED
a written request for details of the debt counts as an acknowledgement, as does a letter that states that you cannot afford to make any payment
Making reference to a telephone conversation in a subsequent letter signed by you could amount to an acknowledgement.
If the debt is likely to be statute barred (more than 6 years old) it is safer to make enquiries by telephone rather than in writing.

It is safer to ask them to supply a copy of the signed agreement by phone. If they persist in ringing use the words that you view there actions as harassment which is a criminal offence.

Having said that, the standard letter for making a formal subject access request (available on this site somewhere) does not give any information the collection company does not already have and is constucted using legal jargon designed to leave the company with their hand tied.
I have used it a few times and it is 100% effective so far. [ Don't forget NOT to sign it ]

As long as you have your wits about you then maybe you could use the phone but with a letter you do not have to "think on your feet" as you do during a real time conversation and you never know, you may inadvertantly incriminate yourself when flustered.

skint_gal

Hi,

I am not sure how to start a new thread but i really need some help regarding Red debt collectors. I have recieved a bill on the 09/02/10 regarding a phone contract i had with t-mobile in 2006. T-mobile passed the debt onto a compnay called moorcroft. i paid off the debt of the phone charges and advised moorcroft i wasnt going to pay their fee of 134.99 for sending me letters as i was unaware of the charges and i was willing to pay the debt to T-mobile. Lowell have sent me a letter saying that i owe them £134.99 and they have taken the debt over from t-mobile. I know i have paid my t-mobile bill and i called moorcroft who advised that when they recieved the debt from T-mobile it was what i have already paid off. I rang Lowell and all they kept asking me for was my bank details, they were very un willing to help. I have posted a letter today acknowledging the debt with T-Mobile and advising that i have already paid it off. After posting the letter i decided to check the internet out regarding this company and i can see now i should have done this first. Am i still able to send them the standard asking for:
1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )
4.Fair Processing Notice.
Have i acknowledged the debt with them by acknowledging that i had a debt with T-mobile even though i have already paid it off.

Please help me. I dont really know what to do and this letter has just come out blue.

GeorgeUK

For a mobile, there is no credit agreement. You should still request proof that the debt is owed though. They may have the airtime agreement but this would be for the T-mobile debt that you have already paid for.

You have not acknowledged the debt.
You have informed them that you are not aware of owing any debt as your mobile debt has already been paid.

You are quite right to continue communication on this in writing - it's not worth the effort calling them. It will not lead anywhere.

You did not have an agreement with Moorcroft, so i am surprised that they felt they were able to apply charges to your debt. The only way this would be possible is if there is part of the contract that specifically states that a 3rd party will be able to do so.

Send a copy of the 'prove it' letter. There are templates for it floating around the board. I would also check your credit file to make sure they haven't put anything on there. (free at experian if you cancel within 30 days)

liz12345_2

Hi



I was hoping some1 could help me with a letter I received this week from Red debt collectors / Lowell.

I have never been in debt before however an ex boyfriend of mine has been. While we were together I paid off one of his debts using my card, for a Vadafone contract.

This week I received a threatening letter addressed to him from Red saying he still had to pay £250. I remember paying this off. The letter even states I made this payment however apparently he owes more as far as we were concerned the payment I made was all he owed.

The letter states if I do not make contact in 10 days they will proceed with further action.

Firstly this was never my debt and secondly we haven't heard off them in 2 years.
I am conceder they have my address as his as we are no longer together. We were never married or even lived together. On the letter they couldn't even spell his first name correctly.

Please advise how I should proceed as I don't have a clue. I just don't want anyone showing up on my door step.

Also a quick note when my ex was firstly paying off this debt they never contacted me or him at my address. They always had his correct details.

Thanks.