Lowell and Red Debt

merri-drake

Hello all!

Just a quickie question - I have a £275 debt that is now owned by Lowell. Lowell have done the pass to Red Debt thing and have started to threaten me with bankruptcy stating:
'We have now referred your account to our client for their authorisation that legal action be commenced against you' and they also mention the 'bankruptcy' word.
Now I have sent my financial statement to them and also offered them token repayments. I have copies of the letters I have sent with this information and have threatened them with complaints to the Financial Ombudsman if they do not cease to threaten me... What else should I do? What should I say this time?
It is stressing me out as I have been really ill and do not need them to stress me out further :eek:
Thanks for your help,

setmefree

Hi could you tell me firstly what the debt is for and secondly how old the debt is, and have you signed anything such as any letter you have sent them

uhuru_2

You cannot be made bankrupt by someone unless the debt to that creditor is £750 or more. So until the charges etc push the debt above that level this company cannot petition for your bankruptcy.

Obviously that may not take very long depending on the level of their charges though.

merri-drake

Hi,
Thank you for getting back to me so quickly!!!!!:j

The debt is for a creation credit card (bad, i know) and it is about 3yrs old and unfortunately, yes, I did sign stuff as I did not know not to at that point.
Unfortunately I had massive chest surgery and was off work for 2 years and with that and depression I let it all slip when I could not afford the repayments. I have tried and tried to set it all up again but I seem to be talking to a brick wall.

merri-drake

Thank you, uhuru!
So I can tell them that I know they are talking twaddle?

setmefree

The letter they sent you was a standard template letter, if !!!!!! could fly this firm would be squadron leaders

Now i think it would still be wise to go down the CCA route, this way until they supply you with the proof they own the debt it will be in dispute, send the template below, do not sign only print your name, and send it special delivery.



Red Debt
Enterprise House
1 Apex View
Leeds
LS11 9BH

Insert Date

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Request for information under the Consumer Credit Act 1974

To Whom it may concern,

Ref Number

As per sections 77-79 of the above act, I hereby request a True Copy of the Original Executed Agreement for the above account number.

It is my understanding that:-

* By law, you must comply with this request within 12 working days of having received it. I am sending this letter recorded Delivery.
* The statutory fee of £1 is required to be paid for this information, and I have enclosed a £1 Postal Order.
* In responding to my request to supply a True Copy of the Original Executed Agreement, you must also provide any and all documents referred to in it. Where this may include Terms and Conditions as varied, I hereby specifically request a True Copy of all the inception Terms and Conditions which form the original agreement, and all variations to them since. I support this request with County Court Pre-Action Protocol 4.6 ( c ) .
* Should you fail to comply with this request in any part, or exceed the prescribed time allowed to respond, you shall be in default of this act and legal request.
* Whilst you are in default, and until such time as you fully comply, -you may not pursue, enforce or increase any alleged indebtedness, nor disclose any information regarding me to any third party what-so-ever.
* If you fail to fully comply with this act and request for 12 working days plus one calendar month, you will have committed an offence under the act.

If you are unable to supply a True Copy of the Original Executed Agreement and all documents therein (and specifically the inception Terms and Conditions), I would be grateful if you would confirm this in your response within the 12 working days allowed.


Yours faithfully


Just copy and paste

setmefree

oh and send a postal order for the cca request and not a cheque

RAS

Merri

Red is part of Lowell and both are well known for writing letters that very carefully indicate that dire consequences may follow if you do not cough up.

If they said these would follow, then they would be breaching their licence. So they sail as close to the wind as possible. Given the number of complaints about Lowell/REd into the OFT at the moment, you should seriulsy consider actually putting all of the above in as complaints against them to the OFT and to the Trading Standards nearest their office, with a note that you have been trying to make payments but they obstruct you. Send a copy of the letter to the CEo of Creation as well.

Here is a copy of the OFT Guidelines.
http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

merri-drake

and this will prove that they own the debt?
I have a letter stating that they purchased the debt from Creation on 23/11/07. Sorry for living up to my hair colour, but I do not understand the process of what happens when I receive a response to that letter.... sorry

merri-drake

Thank you, RAS!!
I have threatened them with writing to the financial ombudsman - I just think they are cutting their noses off despite their faces as I have no problem in paying them token payments until I can pay the lot off.
Wow, you guys are all so lovely!!!!

setmefree

merri-drake wrote: »

and this will prove that they own the debt?
I have a letter stating that they purchased the debt from Creation on 23/11/07. Sorry for living up to my hair colour, but I do not understand the process of what happens when I receive a response to that letter.... sorry

Yep fire that letter at them , and sit back and wait

and you can keep track of proof of postage by using the link below

http://www.royalmail.com/portal/rm