Hello everyone,

I got a letter out of the blue today from first credit concerning a loan i took out back in 2002..

In september 2005 i got divorced and things went pear shaped and i went to rehab for various reasons..

I havent made a payment to them since 0ct/sept 2006.

The letter is addresed in my name but it asks to confirm who lives at the address as it says my name has been supplied as a possible address.so they dont know for sure.It also says if it is not me to contact them to update their records.

Im just a house husband whose got his life back on track and obviously im very worried.

My girlfriend whose house it is also worried . I thoiught this would have been statute barred by now.

can any one advise me please.

the house is in my girlfriends name only and all the contents are hers.

thank you

Was this a normal loan or a Mortgage?

Was this a normal loan or a Mortgage?

i havent got the paperwork any more, ive looked everywhere today but it was just a normal loan with sainsburys bank , it wasnt secured on the property i had at that time.

thanks mate

i was wondering if there was just a standard statute barred form i could send them ?.or should i not engage with them?

my apologies ,im not very clued up with fiscal matters.

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I/We* would 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.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

You are also reminded of the FCA Consumer Credit Source book (CONC) rules which you are legally obliged to adhere to, and further I am fully aware that compliance with the rules is a condition of your FCA Licence:

Rule 7.15.4 "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

Rule 7.15.7 "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired."

Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules I will uses this as a defence, and further I will draw this breach to the attention of the FCA Compliance Team

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

We look forward to your reply.

Yours faithfully

Your full address

 

The Address of the Creditor/DCA

 

By Recorded Delivery

 

Date

 

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

 

I/We* would 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.”

 

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

 

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

 

You are also reminded of the FCA Consumer Credit Source book (CONC) rules which you are legally obliged to adhere to, and further I am fully aware that compliance with the rules is a condition of your FCA Licence:

 

Rule 7.15.4 "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

 

Rule 7.15.7 "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired."

 

Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

 

Should you choose to ignore the above, or attempt to circumvent the rules I will uses this as a defence, and further I will draw this breach to the attention of the FCA Compliance Team

 

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

 

We look forward to your reply.

 

Yours faithfully

thank you very much, if i could buy you a pint over the internet i would.

should i just wait sending the above until they send another letter trying to confirm my address.They not sure I even live at the address they have sent the letter to.

thank you so much for your help my friend.

If you are sure no acknowledgment of the debt in writing of payment in the last 6 years:

Send that by recorded delivery and it will end

They will continue to destroy a Rain Forrest is speculative invoices until you do or try and get a CCJ at a previous address

If you are sure no acknowledgment of the debt in writing of payment in the last 6 years:

 

Send that by recorded delivery and it will end

 

They will continue to destroy a Rain Forrest is speculative invoices until you do or try and get a CCJ at a previous address

oh ok. I will send it off,. i definiatley havent had any personal contact with them since that last payment in oct 2006 or acknowledged any debt with them since then.

thank you for your help. what a fantastic forum for vunerable people this is.

Once you have sent them the SB letter and advised that you are no longer going to be making any payment toward the debt - they should cease to make contact with you. You should be able to ignore anything from them that doesn't simply confirm the debt is statute barred. If they start getting heavy, then just come back here and let us know and we will advise further.

thank you citizen B.. ive been racking whats left of my brains to find the paper work but i think it all got thrown away when i had to go away into my rehab spells and various house moves.

im 99.999999999% sure it was just a normal unsecured loan, im just a natural worrier and always assume the worst!

thanks again my friend, contacted my girlfriend and shes happier now as well!

The idea of these letters are a phishing trip

If the debt is statute barred then there is little point in responding.

All it does is gives them the satisfaction that they've found you.

The SB stuff should be left for responding to a court claim should they be stupid enough to issue one.

All you do by writing anything to them is invite endless letter tennis.

In England and Wales even if the debt is SB and even if you tell them so there's nothing to stop. Them asking for payment...

Same as you can ask them to go away if they do...

Wo nt stop. The letters sadly

DX

The idea of these letters are a phishing trip

 

If the debt is statute barred then there is little point in responding.

All it does is gives them the satisfaction that they've found you.

 

The SB stuff should be left for responding to a court claim should they be stupid enough to issue one.

 

All you do by writing anything to them is invite endless letter tennis.

 

In England and Wales even if the debt is SB and even if you tell them so there's nothing to stop. Them asking for payment...

Same as you can ask them to go away if they do...

 

Wo nt stop. The letters sadly

 

DX

oh ok DX,

ive read a bit about peoples experiances with 1st credit on the internet and they seem pretty brutal with the way way they deal with people.I will take your advice .

As i say, they dont know for sure they have my address as the letter is just asking the occupiers to confirm that i live here.

Should I put them back in the post box with return to sender on them

or just open up a large suitcase to store them all in,

and just respond with my SB letter if they do issue a court claim?

thank you everyone for your help,

i dont want to end up back in rehab again !!

The thing you have to worry about is that they might try and get a CCJ by default at your previous address if they are unaware of your new one.

FCA consumer credit Source book (CONC) rules

Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

ok capquest, they havent had my address since 2006. ive moved three times since then . Gawd blimey.. perhaps i should just send off the SB letter you kindly gave me.

It is your choice but i would

I am exactly in the same position you are.

I had a debt that become statute barred only last month. I am on the Electoral Roll at my new address beginning of September and i will be giving the current DCA notice the debt is now statute barred. Like you i have never communicated with any DCA over this alleged debt, ever

My credit file is now clear of any nasties, it will stay that way

It is your choice but i would

 

I am exactly in the same position you are.

 

I had a debt that become statute barred only last month. I am on the Electoral Roll at my new address beginning of September and i will be giving the current DCA notice the debt is now statute barred. Like you i have never communicated with any DCA over this alleged debt, ever

 

My credit file is now clear of any nasties, it will stay that way

ok mate , will do . thanks again for your help and advice.

Morning Everyone,

ive been sitting on my hands re this letter i received out of the blue (a loan i havent paid since sept 2006)from 1st credit,

as ive decided not to enter Letter tennis with them by confirming my address from their phishing letter.

There is not a CCJ on the previous address that they had for me 9 years ago.

I have'nt had any further letters

this morning i recieved an unsolicited e mail from them along much the same lines( no idea where they got the e mail),

asking me to confirm details i.e name, address, telephone number , date of birth and an authorised e mail address.

The e mail also asks me to send this info to an authorisation confirmation e mail address to comply with data protection laws

and authorisation for them to contact me by e mail.

It also give an e mail address to sent to if i am not the person in the e mail.

In essence its an e mail form of the postal letter i received from them but with data protection stuff added.

As there is no ccj on me,

should i just ignore this e mail as its just a phising exercise

and wait with my statue barred letter in case they try to take me to court.

thanks again for your advice in advance.

It is your choice to make.

They can still chase and hound you until you notify them the account is statute barred and "bog off"

If you do not contact them and have changed address, they can issue a claim at your last known address and will end up getting a CCJ by default

No need to tell them your new address though it is quite easy for them to find out through your credit reference files. That will then stop them issuing a claim at any previous address

Send them an email and that you will only communicate by email at the top. Never give your phone number

Tell them you do not recognise this debt and anyway it is now statute barred even if you did. Enclose the statute barred template

That is what i would do, but it is your choice

It is your choice to make.

 

They can still chase and hound you until you notify them the account is statute barred and "bog off"

 

If you do not contact them and have changed address, they can issue a claim at your last known address and will end up getting a CCJ by default

 

No need to tell them your new address though it is quite easy for them to find out through your credit reference files. That will then stop them issuing a claim at any previous address

 

Send them an email and that you will only communicate by email at the top. Never give your phone number

 

Tell them you do not recognise this debt and anyway it is now statute barred even if you did. Enclose the statute barred template

 

That is what i would do, but it is your choice

ok mate, ive checked with my old dad, (the last address first credit had for me ) and he hasnt had any letters from them for a couple of years at least . Cant believe they are chasing up this debt after 9 years.. So stupid to have taken it out at the time when gonig through a divorce.

thanks for your help mate, i really appreciate it. Wish i could send you a pint via e mail!

as long as the sender of the phishing letters is writing to your new address

or you are aware they know of your new address in black and white

quite pers I'd not be responding to any phishing letters etcetc

in all essence sending the SB letter is a waste of time

save it for court should they be stupid enough to issue a claim.

just remember that in E&W companies are quite entitled to chase SB debts

just not threaten court

the debt still exists.

dx

as long as the sender of the phishing letters is writing to your new address

or you are aware they know of your new address in black and white

quite pers I'd not be responding to any phishing letters etcetc

 

in all essence sending the SB letter is a waste of time

save it for court should they be stupid enough to issue a claim.

 

just remember that in E&W companies are quite entitled to chase SB debts

just not threaten court

the debt still exists.

 

dx

Thank you for your advice dx,

I think i'll just hang on for a bit to see what happens over the next few weeks..

Gawd knows how they got my e mail address.

This board is a great service/peace of mind to people who wouldnt really know where to turn ,

Thanks to all again for your help

.invaluable.

you've obv put you email ad on your credit file

or on an agreement they have gotten a copy of

or from the original creditor

or facebook etc.

some people are really silly in that they put too much info up on sites like facebook.

makes the DCA's fleecing antics far more easy.

dx

you've obv put you email ad on your credit file

or on an agreement they have gotten a copy of

or from the original creditor

or facebook etc.

 

 

some people are really silly in that they put too much info up on sites like facebook.

 

 

makes the DCA's fleecing antics far more easy.

 

 

dx

i must have done mate, im not on face book or anything like that , but my e mail address is my name with gmail.com at the end, doesnt take a bletchley park code breaker to crack i suppose. I think they just took a flyer at it.

you've obv put you email ad on your credit file

or on an agreement they have gotten a copy of

or from the original creditor

or facebook etc.

 

 

some people are really silly in that they put too much info up on sites like facebook.

 

 

makes the DCA's fleecing antics far more easy.

 

 

dx

That is exactly why i have terminated my Facebook account

doesn't help really now

you need to check all your details on say google / gmail etc

have not been filled it automatically.

by data harvesting.

had a guy down the road from me.

he'd been on facebook for years, pretty cagy mind.

he got a tablet

it wanted a gmail account creating for the APPS

he created one.

a few weeks later he happened to simply check his gmail profile

because he had accessed his old facebook page from before

on the new tablet

bingo, all his pers details including name address

telephone

mobile etc etc

suddenly appeared in both places

and ofcourse he had not ticked any privacy boxes etc.

as whn he made the facebook account numerous years ago

they did not apply or had changed.

answered why his letterbox had been hit badly & his 2 phone numbers by fleecing dca's!

dx