badhorsey: Hi all,
I'm being (in my view) harrassed by a company called Lowell Financial / Red.
They contacted me in December 2006 regarding a debt that was not mine and had been incurred by someone with the same name at a totally different address. I thought I'd resolved this but last week received a letter saying that they were coming after me for this debt. This was followed up yesterday by a letter from Red - dated the 20th, arrived on the 25th (so over the Easter break) and stating that unless I replied BY the 25th, they'd take court action.
Can anyone advise how I should deal with these clowns?
Many thanks,
BH
If your allegations are true, then this may well be a breach of certain guidelines laid down by the Office of Fair Trading by which debt collection agencies must abide (http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf):
In particular, this deems the following to be unfair practices:
2.4(f) "pursuing third parties for payment when they are not liable"
2.8(a) "sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made."
2.8(i) "failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued"
2.8(k) "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."
If you believe that any of the guidelines in the document to have been broken, then a complaint form which may be used to contact the Office of Fair Trading is available here, http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC
Ultimately, the Office of Fair Trading has the power to revoke an organisation's Consumer Credit Licence, should they deem that organisation to have acted outside of the law or seriously breached the OFT's guidelines - which, in the case of a debt collection agency, would mean that they would no longer be allowed to pursue debts, effectively forcing them to cease trading.