Being chased by 1st credit and do statue barred laws also apply in Northern Ireland?

[darkpants]

Hi! *waves*

 

Been reading this site for most of today, amazed at the huge amount of information here (which will come in very useful, thanks to all the posters ) and decided to register and post a question!

 

I am being chased by first credit (ohhh joy) for an old CC debt with RBOS. Now I'm sure the last payment I made on this CC was back in early 2001. I was sent a default notice a few months later (I think!). As I understand it from reading the various statue barred threads on here, the debt has become statue barred now as we are well past the 6 year time limit and during those years I never once replied to RBOS Credit Card division or the various DCA's its been bounced around - westcott, scotcall, 1st credit etc... It's been with 1st credit since 2004 (as I got a letter from RBOS stating they had sold it to them in 2004, although it may just have been 1st credit claiming that and unfortunately I dont have the letter anymore) - they wrote a few times during 2004 and then were quiet until a week ago when something woke them up (perhaps it was that credit card I applied for a while back, who knows).

 

Anyway, so it looks to be that the threat-o-grams have started again. I could ignore it - from previous experience they should write a few letters and then give up until something wakes them up again in the future, but to be honest I'd rather get rid of them. I was thinking of firing them off the standard Statue Barred letter from these forums, but as I'm resident in Northern Ireland and some of our laws are different to the mainland (I know for criminal law this is true, but as regards consumer law I haven't got a clue - not had any experience with consumer law), I was wondering if anyone else here knows if a N.Ireland resident can use the statue barred letter to get a DCA to clear off.

 

Thanks!

Edited July 24, 2008 by darkpants

[berrylover]

Hi there, I really don't know the answer but I do like the thought of DCA's chasing you a la Benny Hill style.

[darkpants]

LOL, now I have that image in my head also

[pt2537]

the Limitation Act 1980 as far as i know operates in England , Wales and Northern Ireland

[darkpants]

Ah hah! Cool thanks for that , will fire off Letter M from this site and we'll see what they reply with .

 

(I'm betting on another standard threat letter)

[lickthewallfatboy]

Hi DP

 

also in NI,and also being "chased" *ahem* by 1st crudit.....idiots one and all!!

[darkpants]

Hehe, they are indeed. What annoys me the most they think they can get away with chasing an old debt, its so old its even dropped off my credit file now (requested my credit file from all 3 agencies - callcredit, experian and equifax as I was trying to get specific dates for the default and last payment). However after reading this site I think I will let them do all the work for me and prove it

[ScarletPimpernel]

I'm also an NI resident (albeit a blow-in ), and one of Worst Cretin's 'customers'. They have no idea about the differences between NI & the mainland, which compounds their stupidity no end.

[ODC]

the Limitation Act 1980 as far as i know operates in England , Wales and Northern Ireland

Actually its the Limitation (Northern Ireland) Order 1989. However if you quote the English legislation it will do fine. The time limits are the same

[darkpants]

Ohhh, thanks for that, just found it after a google search, the revelant sections of The Limitation (Northern Ireland) Order 1989 is section 4.

 

Time limit: actions founded on contract, etc.

4. Subject to Articles 5, 7 and 9, the following actions may not be brought after the expiration of six years from the date on which the cause of action accrued—

• (a) an action founded on simple contract;
  
• (b) an action founded on quasi-contract;
  
• © an action to enforce an award where the arbitration agreement is not under seal;
  
• (d) an action to recover any sum recoverable by virtue of any statutory provision, other than—
  
  • (ii) a debt created by Article 25(2) or 474 of the Companies (Northern Ireland) Order 1986[13]; or
    

   

  • (iii) an amount recoverable under section 1 of the Civil Liability (Contribution) Act 1978[14].
    

   

The Limitation (Northern Ireland) Order 1989 - gosh I've learnt more in one day than I have since my uni days . And I have quite a few bits of legislation to throw at the 1st Crappit monkeys too. With a bit of luck this little lot should confuse them Although I will stick to english legislation for now, don't want to confuse the poor dears too much (well, not yet anyway )

 

One last thing, should I also write on top of the statue barred letter to 1st crappit "I do not acknowledge any debt from your company or any parties you claim to represent" ? I already know not to sign the letter also - just print my name.

Edited July 11, 2008 by darkpants
adding a question

[ODC]

One last thing, should I also write on top of the statue barred letter to 1st crappit "I do not acknowledge any debt from your company or any parties you claim to represent" ?.

Yes always when writing to a DCA

[darkpants]

Letter away to 1st Crudit Will update this thread with any correspondence from them

[babybear39]

Subscribing...

 

Good luck with these numpties

[ODC]

Letter away to 1st Crudit Will update this thread with any correspondence from them

Good luck. Watch out for the letter I told you about in the PM

[darkpants]

Well they got the letter on Tuesday according to royal mail tracking and so far its all quiet . I'm kinda dissapointed cos I was sort of looking forward to a fight, but if it stays all quiet then I will be happy .

[babybear39]

Maybe they finally got an employee who understands statute barred

[darkpants]

lol or perhaps the guy that can read is on holidays

[babybear39]

Allegedly he/she'll need a holiday with all the statute barred and unenforcable debts 1st crud have

[darkpants]

Ah hah!

 

I have a letter! From LCS Solictors (obviously dont realise I live in N.Ireland) - giving me 14 days to pay before legal action commences blah, blah...

 

I guess the letter reader is still on holiday...

[babybear39]

LCS are in breach of OFT guidlines and the CPUTR 2008 by contacting you in relation to an alleged account which is clearly in dispute due to it being statute barred.

 

Use this thread that BankFodder has kindly put together to make a complaint to the relevant authorities:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

[darkpants]

Coo, thanks That is a very useful thread, looks like a complaint to the OFT is needed then...

 

Whats the best way to get in contact with them? Write to the OFT's address in London?

 

(Sorry for what probably seems thicko questions, but the OFT seems to sort of want no-one to contact them or at least I get that impression from their site).

Edited July 24, 2008 by darkpants

[babybear39]

Make your initial complaint via Trading Standards:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Make it clear you want the OFT to be informed. They don't deal with individual complaints but they do build a file of complaints.

[darkpants]

Okay, thanks for your help babybear. I will write to my local trading standards office in the morning

[babybear39]

You're very welcome and thanks for the rep. comment

 

Good luck and best wishes...

[darkpants]

Complaint letter on its way to trading standards (also mentioned in the letter that I request the OFT to be informed of my complaint) .

 

And 1st crappit still have not acknowledged my statue barred letter.