Further threats from RED Debt Collection Services

[paul2727]

Hi, I am new to this so please bear with me. I have had a very long and stressful argument with Lowell Financial. Over a credit card debt with The Cooperative Bank. A couple of years go, I was probably badly advised to stop paying my credit card as it was not a legal contract and could be wiped in the courts. This was a long drawn out service by a solicitor that I never met. I then got a letter to say that they were no longer going to pursue this on my behalf because they could not get an insurance!
Anyway, I am now left with a defaulted credit card with a considerable debt of £11801.14 This was £11,020.07 back in Dec 2010 when I received my advice, the rest is made up of late payment charges and interest. I decided to try and fight them on my own so found a letter on legal beagles a while back that requested proof of debt etc.
They have sent me through a copy of my original contract dated 23rd June 2002 but it is so bad that it can not be read. By that I mean the actual typed sections of the contract can not be read but you can see my signature and personal details.
Please can you advise me on what to do as the letter from RED does sound very threatening!!

[FlamingParrot]

Re: Further threats from RED Debt Collection Services

Hi, I am new to this so please bear with me. I have had a very long and stressful argument with Lowell Financial. Over a credit card debt with The Cooperative Bank. A couple of years go, I was probably badly advised to stop paying my credit card as it was not a legal contract and could be wiped in the courts. This was a long drawn out service by a solicitor that I never met. I then got a letter to say that they were no longer going to pursue this on my behalf because they could not get an insurance!

That was quite common, albeit a little far back than 2 years ago, there used to be ads in magazines and you used to get phone calls. I also contacted an infamous couple in 2009 so don't worry about it.

Did they charge you anything for their services?

Anyway, I am now left with a defaulted credit card with a considerable debt of £11801.14 This was £11,020.07 back in Dec 2010 when I received my advice, the rest is made up of late payment charges and interest. I decided to try and fight them on my own so found a letter on legal beagles a while back that requested proof of debt etc.
They have sent me through a copy of my original contract dated 23rd June 2002 but it is so bad that it can not be read. By that I mean the actual typed sections of the contract can not be read but you can see my signature and personal details.

Can you post up the alleged original contract, after removing any personal details? :typing:

See this for reference: http://www.legalbeagles.info/forums/...700#post431700 :grin:

Please can you advise me on what to do as the letter from RED does sound very threatening!!

Can you also do the same with the RED letter and post it up? RED are part of the Lowell Group.

[paul2727]

Re: Further threats from RED Debt Collection Services

Hi FlamingParrot,

Thank you for replying so soon.
I was not charged for the limited service I received, so that good!
Please see attachments as requested.

[FlamingParrot]

Re: Further threats from RED Debt Collection Services

Got your PM :typing:

Apologies for not replying earlier.

The letter is just a generic template threat-o-gram where they say they may issue a claim. :blah: :blah: It's not a real letter before action, so there's no immediate reason for concern.

Letters before action are normally issued by a firm of solicitors, Lowell tend to use either Bryan Carter or BW Legal.

I shall take a look at the other two attachments shortly, I just wanted to put your mind at rest with regards to the letter so you can relax a little.

[paul2727]

Re: Further threats from RED Debt Collection Services

Thanks very much for coming back to me.
I will await your response to the other documents
regards

[FlamingParrot]

Re: Further threats from RED Debt Collection Services

Are the documents you received as illegible as the ones posted on here? The terms are not at all readable.

One thing I noted is that the PPI box was ticked, is that correct?

[paul2727]

Re: Further threats from RED Debt Collection Services

The documents are exactly the same quality!
It looks to me that the PPI box NO is ticked, not the yes box.

[FlamingParrot]

Re: Further threats from RED Debt Collection Services

The documents are exactly the same quality!
It looks to me that the PPI box NO is ticked, not the yes box.

As they have supplied you with an illegible copy where it's not possible to read the terms of the alleged agreement, you could reply with something like this:

Dear Sirs

Account No: XXXXXXXX

On XX/XX/XXXX I wrote requesting a copy of the credit agreement for the above account. The documents I received appear to be an illegible photocopy of the agreement and terms, where the prescribed terms as required by section 60(1) of the Consumer Credit Act 1974 are not readable. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI/1557) states:

2 - Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the [background medium upon which the information is displayed].

Since the documents supplied do not meet the requirements set out by current legislation, they cannot be said to satisfy my request under s.77/79 of the CCA and my request remains outstanding until such time you provide a legible copy of the original purported document, if it exists. If it does not, then you must confirm this to me.

Yours faithfully,

[FlamingParrot]

Re: Further threats from RED Debt Collection Services

The documents are exactly the same quality!
It looks to me that the PPI box NO is ticked, not the yes box.

Lack of legibility means not being able to clearly see what's what.

Presumably no PPI was applied to this account, or was it? :confused2:

[paul2727]

Re: Further threats from RED Debt Collection Services

Hi,

Thanks for the letter. I have copy pasted, inserting the necessary info and will send it recorded delivery today.
I will keep you informed of what happens next!

I have no idea if PPI was added:tinysmile_hmm_t2:

[FlamingParrot]

Re: Further threats from RED Debt Collection Services

Thanks for the letter. I have copy pasted, inserting the necessary info and will send it recorded delivery today.
I will keep you informed of what happens next!

I have no idea if PPI was added:tinysmile_hmm_t2:

I've just gone back to the top and re-read that this is a credit card, not a loan. That should make it easier to establish, as PPI would have appeared on your monthly statements as a charge to your account.

Do keep us posted! :ranger: