red debt collection agency

driffox

Hi. Today I recieved a letter from RED Debt collection agency informing me that I owed Barclaycard £180. I lived at the address they sent the letter to 18 years ago. I dont ever recollect having a Barclaycard although I did have a Barclays Account. This alleged debt has never shown on a credit report by either experion or equifax where do I stand and how do I get these parasites off my back. Thank You

chilli_dog

You could just ignore this letter and see if they send another. They may be looking for someone with your name around your area and decided to use the electrol register.

If you need to contact them do it by letter, if they get your number they will call you non stop, they just want £180 of anyone.

Any debts over 6 years, unknowledged, are dead anyway.

Hey this is my 500th post.

Does Martin send me a well done card?

angiegofton

my husband recieved a letter from red debt agency just after christmas saying that he owed barclaycard 1434.66
he rang them, as he has not had a barclaycard for many years and the debt was paid off in full.he was advised it was from 12 years ago! we have had nothing from barclaycard in all that time. we told red we are going to contest the debt. then he recieved a letter saying that barclaycard would accept a reduced payment of 717.50.
is it true that after 6 years uncontested debt is wiped out?
help!!

marksandsparksgal

Morning,

As far as the debt goes, if you have not paid any amount or acknowledged that this is your debt in the last 6 years, it should be statute barred. Make sure you send the following by recorded delivery, and don't make any contact by phone, as once a DCA has your number, you'll be harassed day and night!

WITHOUT PREJUDICE

Dear Sir/Madam

Acc/Ref Noxxxxxxxx

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

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation
period”.

The last payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written contact from us in the
relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to
section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

Good luck, and if you get anything else back, just come on here and some friendly soul will advise!

xXx

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setmefree

deleted xxxxxxxx

Chutzpah

chilli_dog wrote: »

You could just ignore this letter and see if they send another. They may be looking for someone with your name around your area and decided to use the electrol register.

A debt agency sent me a threatening letter telling me I owed British Gas £27 for a property I had never lived in.

Turned out it was meant to be for my brother but they were just scanning the electoral register. They said it was just 'standard practice', though my brother was unhappy as it's possible that half his family now knew that he was in 'debt' to British Gas (although it was from when he closed the account, they suddenly decided he owed them more and start harassing him - they went through all this even though he left them his new address!)

I never did get an apology from them. Westcot Credit Services I think it was.

angiegofton

hello,
i recently put a post on about red debt agency, and them stating my husband owed barclaycard. i took the advise of one of you out there,(sorry for forgettin who you are-but you will know who you are when you read this)the advise was to sent out a letter which a template was given for me, this letter was sent recorded delivery on 28/01/08 and to date i have heard nothing from them, think this may be settled now. so many thanks for your advise.:T :j :rotfl:

gazza180

angiegofton
i sent a SB template to red on the 24th november and i thought that was it but i recieved a SD from them 3 months later.i went straight to the courts to have it put SET ASIDE.i`m not worried as i know it is SB and i have all the proof that i sent the SB template to them. i`m hoping they want to take it all the way so i can have my say in court and make them look the prats that they are.

sharalee99

I also have received one of these letters for £823. 17 to Barclaycard for an address I haven't lived in for 8 years. I've never even had a barclaycard! My ex partner did tho. I phoned them and told the woman on the phone the same, and also that they have no claim on a debt over 6 years old anyway, even if it was mine. She said they would close the account! They know they are a bunch of chancing b*&%$£"s!!:mad: Don't let them scare any of you. I will also send the letter, by RD to confirm this mornings conversation, and if they have any doubt, the call was recorded and they can confirm from that the woman said she would close the account.

sharalee99

Try this!
Dear Cretins (Obviously, do not put cretins, tho you really feel like it!)

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

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

Please note that if you continue to telephone me at my place of employment I will rport you to the OFT as this is a clear breach of the OFT Guidelines on debt collection. As your company are also members of the CSA you are required to abide by their Code of Practice and failing to do so could render you liable to prosecution under the Consumer Protection from Unfair Trading Regulations 2008
Yours etc

sharalee99

sharalee99 wrote: »

I also have received one of these letters for £823. 17 to Barclaycard for an address I haven't lived in for 8 years. I've never even had a barclaycard! My ex partner did tho. I phoned them and told the woman on the phone the same, and also that they have no claim on a debt over 6 years old anyway, even if it was mine. She said they would close the account! They know they are a bunch of chancing b*&%$£"s!!:mad: Don't let them scare any of you. I will also send the letter, by RD to confirm this mornings conversation, and if they have any doubt, the call was recorded and they can confirm from that the woman said she would close the account.

Updated
I have now had a letter from said debt collection agency, confirming the account is closed. They knew they didn't have a leg to stand on when I said about a dormant debt over 6 years old not being able to be collected (even tho it wasn't mine). Bunch of chancers :mad: