Marks & Spencer Store Card - 1st Credit and LCS Solicitors

[myusername]

Well, here goes my first thread and I have the following problem.

1st Credit Contacted me on the 12th June 2008 demanding £151.72 for an outstanding store card account. I have not spoken to them on the phone



I replied to this with a standard Statute Barred Letter seeing that I have never seen anything for M&S on my credit file.

They must have simply ignored this and today I have recieved a letter from LCS Solicitors stating that unless I make full payment within 14 days then Court Proceedings are to commence.



Now I thought that a debt of 6 years or older could not be enforced through a court of law, can anyone please help me with my next course of action.

Thanks

[pt2537]

Hi there

Im just about to nip out, but suffice to say, if the debt is statute barred then they are well out of order


have a look here Have you received threatening demands for debts older than 6 years?

i would make a compliant using the CPUT regulations

[myusername]

Thanks, who do I send a complaint too

[pt2537]

If you have received such threats, you should not respond to the debt collector but you should write a letter of complaint to the OFT who are obliged to investigate your complaint and to take enforcement action of some kind if they agree with you.

from the link i posted above

[myusername]

Should I send a letter along the lines of

Dear Sir or Madam

I refer to your letter - on your faux solicitor letterhead - dated 03/07/2008.

Until I have your response to my letter of 16th June 2008, I am not in a position to correspond further.

In the meantime, I am of the view that your activity is in breach of the Office of Fair Trading Guidance on Debt Collection, and the Consumer Protection from Unfair Trading Regulations 2008. Please send me a copy of your complaint procedure without delay.

Yours etc.

[myusername]

Is there a template for the letter of complaint, cheers

[ScarletPimpernel]

I'm not clear how we know that this is definitely statute-barred.

[myusername]

Well, there has been nothing relating to this on any of my Credit Files for the last 6 years and I have not had a card since I was 18

[old_andrew2007]

Hi

All good advice, can I make one suggestion remove the reference no, and bar codes from each letter then up-load them again, we do have visits from trolls,

andy

[ScarletPimpernel]

Originally Posted by myusername

Well, there has been nothing relating to this on any of my Credit Files for the last 6 years and I have not had a card since I was 18

Whilst not disagreeing with anything that's gone before, I wonder whether a good next step might be to formally dispute the alleged debt on the grounds that you do not recognise it, and CCA them - just in case they're chasing the wrong person.

This way, any collection activity must be suspended until the dispute is resolved, and if it is your old account you'll know it's statute barred, and can report Worst Cretins for their letters, which breach CPUTR.

[myusername]

is that better, i would like to see them track those barcodes

[babybear39]

Subscribing...

[babybear39]

You've left the 1st crud ref on the first letter

[myusername]

thanks for all your replies

what letter template would I use to request CCA, thanks

[babybear39]

You need letter N from here:

Creditors and DCAs - Letter Templates & Budget Planner

Head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY THAT YOU CLAIM TO REPRESENT, amend to suit, DO NOT SIGN, print your name or intial it, send recorded, use a £1 postal order for the fee and keep a copy of the number of the PO with a copy of the letter and your postal receipt.

[myusername]

They have replied with the following letter,



Are they able to charge more money for such documents.