Red Debt Collection Services

Headley_Grange

I recently had a letter from Red Debt Collection services regarding a debt that was at an old address and dates back to 1997
the debt ralates to an overdraft £1000 with HBSC but Red are claiming £6990 Can anyone advvise the best course of action?

Help

stapeley

Do not phone them ! Just write back , using their ref number ,nothing else , say you have no knowledge of this alleged debt and that they should check their details with their client .

Headley_Grange

Many thanks for your help,

RAS

Hi

Red is Lowell by another name. Both are well nown for bying very old debts that are statute barred (it is more than 6 years since you last paid).

You need the contacts for a staute barred letter. Will be back.

RAS

Here goes

Send this this letter, by RECORDED DELIVERY:

Your Address
Date


Companies Address


Dear Sir/Madam

Ref: XXXX

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

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

I would also 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 alleged 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I refuse to communicate with your company any further, without you taking leave of the court.

I remind you once again of the OFT guidelines: Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

Should you continue to harass me for this debt, without providing any evidence, I will raise a complaint with the relevant authorities.

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

I trust I have made my position absolutely clear regarding this issue.

We look forward to your reply.

Yours faithfully


One verson thereof. You might want to look on the NDL web-site as well.

Headley_Grange

Brilliant, Many Thanks , Do I have to put Without Prejudice?

RAS

Without prejudiuce is not useful.

Add

I do not acknowledge any debt to your company, if you want.

The thing is that the debt exists, just that it is unenforceable in law.

Once you have told them you are not paying , if they continue to contact you, you can compalin to the OFT for their breaking the Guidelines and to Trading Standards.

Headley_Grange

Thank you, Great information

supermezzo

I have a similar situation and have also been advised to print out the letter and NOT SIGN IT ( it has been suggested that some less scrupulous compnaies may scan/copy your signature onto documents ).