1st credit, odd situation, help appreciated :)

[Doughnut_Monster]

Hello, its a long post but I would really appreciate any help or advice!

 

Recently a letter arrived at my family's home addressed to me. Imagine my joy when I opened it and found a letter from 1st credit telling me I owe them a lot of money, and if I do not reply to said letter they will assume I live there and continue to hound me. There was no indication of what the account referred to, so putting it down to spam I ignored the letter.

 

About a week later, they sent another letter, which I have scanned and included below, removing anything sensitive. This time they gave a reference to a Lloyds account number, and a figure of about £800. A few things caught my eye in the letter, obviously printed en mass to many people, (Dear Sir/Madam, yet they had my name on the envelope). I had no idea what they were talking about.

 

I did have an account with Lloyds years ago, but in late 2003 I moved abroad, and making sure my accounts were in order I left them to dormancy to be used when I returned. As far as I was aware, none of my accounts were in debt although I have no paperwork relating to this, all lost over the years. I returned 2 years ago, throughout my time abroad and here I have heard nothing from Lloyds regarding any money owed. 3 generations of my family bank with them, so I am sure if they needed to get in touch with me they could have.

 

I took this letter to Lloyds to see if they knew anything about it. The girl I spoke to, quite helpful, had to make quite a few calls to find the account number was linked to a credit card account. After even more calls she found the account was closed and sold off in 2006, she could not say why though as they had kept no records. I have no idea what is going on with this account, I was certain it was paid up.

 

Now I have not been in contact with 1st yet, and really do not want to as I have trouble keeping my cool with **** like these people. After a little research I see they like to trick or bully people into admitting debt or paying it when they don't have to. There is no way I will give them £10 to give me `personal information` about something that appears a load of rubbish!

 

I see after a little research that debt cannot be taken through the courts after 6 years of no contact from the person owing the money, is this right? Would it be wise just to ignore 1st? What can they do? I know as soon as I make contact I will never shake them until this is done and dusted.

 

They have sent another letter today threatening immediate court action or repossession of my assets if I do not pay, I do not have a copy of this letter as I do not live at my family's address, I use it as a mail forwarding address for sensitive items as I normally live in shared accommodation. Can they do anything to my family who live there? Should I be so worried about this?

 

If you have got this far, thank you!

 

Edited August 16, 2009 by Doughnut_Monster
Edited letter to reduce size/remove details

[havinastella]

It's a complete phishing trip!

 

Oh, welcome to CAG.

 

You can send either the prove it or Stat Barred letter. I'd go with the Stat Barred.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

 

Jogs

[cerberusalert]

Send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt The onus is on them to prove the debt exists and they have the right to collect.

 

If you have not made any payment or written acknowledgement of the debt for a clear period of six years it will be statute barred so you could send this one instead; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[debt4get]

yep its defo statute barred after all this time ......no worries

[mr.ton]

 

The Office of Fair Trading: Contact us

 

http://www.oft.gov.uk/shared_oft/bus...plaintForm.DOC

 

debtcollectionguidance@of t.gsi.gov.uk

[Doughnut_Monster]

Many thanks for all your replies guys, and for the welcome to the forum!

 

However, I may have made a bit of a boo-boo. I was racking my brains to think of how I could tell the last time I used the credit card, and I remembered back then I used amazon a lot. So I checked, and the last time I ordered something using that card was May 2004, some books for work shipped to Spain. So, I think that does not put me outside of the 6 year period...

 

However I am certain if I used the card, I would have transferred money back to pay it off, but again have no paperwork. In this case, would I be best off sending http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt?

 

Again thanks for your help, my apologies I didn't think of this earlier. 25 and my grey cells have abandoned me already!

[cerberusalert]

Yes send that one first.

[Doughnut_Monster]

Just another quick question, I have just started writing out the letter to 1st, and I am wondering what the best address to use would be. I don't live with my family, only see them every few weeks or so, should I continue to use their address or should I use my current address, which is a shared house?

 

I don't want to involve my family's address any more than is necessary, but I am unsure where I stand using an address for a rented house, I get on with the landlord and don't want to annoy him with never ending junk from these cowboys!

 

Is printing off two copies of the letter, sending one and keeping the spare, enough evidence to prove what I sent them? Should I provide them with any personal information if required to prove who I am, or should the onus be on them to prove the debt first?

 

Thanks again for your help, excellent forum, will be donating when I can!

[Doughnut_Monster]

This is the letter I have drafted, from the one linked to me above, could someone cast an eye over it as a double check? I have put account in dispute in large type above the text, just to make it extra clear to them, is this a good idea?

 

Should I add anything else, or make a CCA request at this point?

 

Thanks again

 

 

 

XXXXX XXXXXXX,

XXXXXX XXXX,

XXXX XXX

 

 

Date: 16 August 2009

Reference no. 1234567

 

Dear Sir/Madam,

ACCOUNT IN DISPUTE

 

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to Lloyds TSB.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

XXXX XXXXXXXX

[Doughnut_Monster]

I just found another type of letter, seems like a combined "who are you/whats this about/give me all relevant paperwork" all in one jobby, would this be better or should I stick with the above for the moment?

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Ref: [XXXXXXX]

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement.

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

 

XXXX XXXX

[jed52]

Hi. I would make a couple of alterations to this letter if I were you.

First, you have put ACCOUNT IN DISPUTE. How can the account be in dispute if you are denying the debt? Dont put account in dispute.

Second, dont put Lloyds TSB in the second line. You should put 1st credit instead. You have allready said you had a card that you have used, so if you say in your letter that you have no knowledge of any debt to Lloyds TSB, you would be lying. And you will have put it in writing! Instead, put no knowledge of a debt to 1st credit. Wait for a reply, and if they still insist you have a debt with them, then send a CCA request.

1st Credit dont have a clue what they are doing, I'm playing a game with them myself.

Good luck

[jed52]

Sorry, I'm a bit slow at typing. My reply is to the first letter you posted

jed

[Doughnut_Monster]

Very good point about the account in dispute, that would have been a daft thing to do!

 

I did have a card with Lloyds, but I am sure I would not have left it in debt, but obviously somehow it must have got into debt or this wouldn't be happening! I will change it to them instead.

 

Many thanks for your observations, best of luck with your game!