1st Credit and LCS Solicitors

[kevinr99]

Hi,

This is my first time on here and I was hoping someone could help/advise.

I have had quite a few letters from Lombard asking me to pay a debt in 2007 from 1998. I had no previous contact. I informed them that this will be statute barred. I then recieved a letter stating that they were no longer willing to talk to me and the debt had been passed to 1st Credit. (Oh joy!) I received a standard letter asking for payment or this would be taken to court. I replied, by letter, that the debt was statute barred. I did not recieve anything else until approx Jul 2008. I once again wrote explaining that this debt was statute barred and to leave me alone. From then I have had numerous calls and letters stating the saem. Are they just ignoring the letters I have sent? Yesterday I received a letter from LCS ( a division of 1st Direct) to ask for the payment within 7 days. Good luck on finding £17,689.85 in my bank account!

As I have previously informed 1st Credit that I am unwilling to discuss this and any further correspondance will be forwarded to the OFT, is this what I should do? I have completed the OFT complaint form and I just wanted some advice before I sent it. I have also just read that the OFT have already warned 1st Credit that they must not persue debt that is statute barred or face further formal action, such as financial penalities under section 39a and/or revocation of thier consumer credit licience section 32.

Thanks for the advice

Kevin

[sploits]

I would send the complaint to the OFT straight away. Maybe get in touch with Trading Standards and your local MP. The debt is clearly statute barred and they shouldnt be persueing you for it.

 

I'm sure somebody with more knowledge will post on here and help you even more

[kevinr99]

Thanks Spoilts - will get it off straight away. DO you know if I can make a counter claim for stress and compensation?

Thanks

[sploits]

That bit I dont know about but I'm sure somebody will be along to help. There are alot of very helpful and knowledgable people on here.

 

And welcome to the world of CAG

[BankFodder]

Thanks Spoilts - will get it off straight away. DO you know if I can make a counter claim for stress and compensation?

Thanks

No. That would be getting a bit greedy.

Just send off your complaint and have nothing more to do with anyone who contacts you about it.

[42man]

Once you atate that you will not be making payments towards a debt that is statute barred they can NOT continue to pursue you...this is pure harrassment and the OFT state this too - section 2.14 (b) -

• 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.

[kevinr99]

No. That would be getting a bit greedy.

Just send off your complaint and have nothing more to do with anyone who contacts you about it.

 

Hi BankFodder,

I know that you say have nothing more to do with it but what happens if I keep getting letters and calls? Also what happens if I get a court date as threatened?

[BankFodder]

Keep on putting in the complaints under CPUT

If you get a court claim then let us know but your defence wuld be that the alleged debt is denied and that if a debt is owed then it is statute barred.

Don't get involved in any exchanges with these people. Don't get involved in any phone calls

[42man]

SEND THIS

 

LETTER BEFORE ACTION

Dear Sir/Madam

 

 

Account reference: XXXX

 

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

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

 

We would again 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”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We also insist that you supply a full written copy of your complaints procedure..

 

It should also be noted that we will be contacting Trading Standards concerning this matter.

 

Ignoring this letter and continuing to press for payment will not resolve this matter.

 

We will not hesitate to pursue this matter with Trading Standards and the OFT (I understand that you are under close scrutiny by this organisation), additionally we will seek immediate legal advice should you continue to press for payment, as we feel this may constitute harassment contrary to CPUTR, as well as the Protection from Harassment Act 1997.

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

[kevinr99]

Brilliant - Thanks everyone I will keep you all updated.

Kevin

[42man]

I urge you to fill out the 'complaints form' here - The Office of Fair Trading: Debt collection practices (ignore the 'organisation' piece and send it to the OFT....they are under close scrutiny by the OFT at the moment !! - The Office of Fair Trading: OFT imposes requirements on 1st Credit over debt collection practices

[kevinr99]

Just to let you all know that I posted the complaint to the FOS today so with a bit of luck that should be the end of ot!

[babybear39]

Subscribing...And it's complain to the OFT

[lickthewallfatboy]

we're gonna get 1st credit shut down yet!!

[babybear39]

we're gonna get 1st credit shut down yet!!

 

Hopefully

 

Complain, complain to the OFT

[jed2004]

Complain by email to the OFT i done this on the 5th because they were threatening me with court action and other nasty threats even though i was disputing the debt with the original creditor!! And this was after they got a telling off!!! I got a reply from the OFT this morning saying they were sorry about the difficulties i have been experiencing with the above traders ( 1st cred) they have noted the complaint and will consider this alongside any other complaints recieved with a view to any consumer credit licensing or any other action they decide to take!!! SO COMPLAIN TO THEM the more the better, This is the email address i made the complaint to [email protected]