Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

1st Credit and Statute BarredLLoyds Debt


Please note that this topic has not had any new posts for the last 1750 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Lloyds Bank alleged I had a debt to them of about £1000.

I always disputed the debt and Lloyds never took me to court.

About two years ago the debt became statute barred

 

Very shortly afterwards a company called 1st Credit, based in Redruth, started demanding I pay them the full debt.

I reminded them the debt was statute barred and unenforceable.

 

 

Ever since they've ignored me pestered me with phone calls and letters, all of which I've ignored.

 

 

1st Credit freely admit the debt is statute barred and unenforceable but they say they will persist in attempting to recover the debt.

 

 

Can anyone tell me how to make them just give up and go away or perhaps I should continue to completely ignore them.

Link to post
Share on other sites

1st credit are based in rEigate, around the corner from me...

 

The FCA has certain sections in their Sourcebook dedicated to this. Send them a written complaint informing them its SB and that they are no longer entitled to chase said debt.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Thread moved to correct forum.

 

Once a debt collector has been told that once a debt is SB, they must stop collection procedure.

 

 

As they are failing to do so, you need to write a formal complaint and make sure the letter is headed as such.

 

 

Once the complaints period has elapsed or they state that they won't consider the complaint, you can escalate to the FOS.

 

If they ring, try to record their drivel.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

CONC 7.15 Statute barred debts

 

CONC 7.15.1G01/04/2014

A debt is statute barred where the prescribed period within which a claim in relation to the debt may be brought expires. In England, Wales and Northern Ireland, the limitation period is generally six years in relation to debt. In Scotland, the prescriptive period is five years in relation to debt.

[Note: annex B1 of DCG]

 

 

 

CONC 7.15.2G01/04/2014

In England, Wales and Northern Ireland, a statute barred debt still exists and is recoverable.

[Note: paragraph 3.15a and annex B3 of DCG]

 

 

 

CONC 7.15.3G01/04/2014

In Scotland, a statute barred debt ceases to exist and is no longer recoverable if:

 

  1. (1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and
  2. (2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period.
    [Note: annex B3 of DCG]

 

 

 

CONC 7.15.4R01/04/2014

Notwithstanding that a debt may be recoverable, 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.

[Note: paragraph 3.15b of DCG]

 

 

 

CONC 7.15.5G01/04/2014

If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt.

[Note: paragraph 3.15b of DCG]

 

 

 

CONC 7.15.6R01/04/2014

A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.

[Note: paragraph 3.15b of DCG]

 

 

 

CONC 7.15.7G01/04/2014

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.

[Note: paragraph 3.15b of DCG]

 

 

 

CONC 7.15.8R01/04/2014

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.

[Note: paragraph 3.15b of DCG]

 

 

 

CONC 7.15.9R01/04/2014

A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts.

[Note: paragraph 3.23c of DCG]

 

 

 

Complaints to the Financial Ombudsman Service and initiating legal proceedings

 

CONC 7.15.10R01/04/2014

A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to the firm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service.

[Note: paragraph 7.9 (box) of ILG]

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

Link to post
Share on other sites

At the start of this thread it was mentioned that 1st Credit was based in Redruth

but it was later explained that they are actually based in Reigate.

 

 

Both 1st Credit and the Cabot group use the address of a unit on an industrial estate in Redruth

 

when corresponding with "debtors" in Cornwall.

Whether they adopt this practice in other areas or not I do not know but it does seem a bit strange.

Link to post
Share on other sites
At the start of this thread it was mentioned that 1st Credit was based in Redruth but it was later explained that they are actually based in Reigate. Both 1st Credit and the Cabot group use the address of a unit on an industrial estate in Redruth

when corresponding with "debtors" in Cornwall. Whether they adopt this practice in other areas or not I do not know but it does seem a bit strange.

 

It's just one of the ways this grubby industry tries to intimidate people by making them think they're local, playing on the common fear that someone will come knocking.

 

A few years ago Robinson Way used to pretend they had an office in Lisburn, whilst the reality was that it was an accommodation address at a cheque-cashing shop. Several others have similar arrangements.

Link to post
Share on other sites

All the letters I've had from them say they're based in Redruth. Originally, Lloyds bank said I owed them £1000. They went quiet after I told them to take me to court because a court order would be the only way I'd pay them. I thought the "debt" became SB in 2009 but then Cabot turned up. They got the same message from me as Lloyds. Then at the back end of 2011 1st Credit popped up. After I told them the "debt" was SB I completely ignored them.

 

On the other things I don't know what to do as it would seem as though the finance industry has been allowed to please itself for so long that they now believe they are above the law. Well this is what I think, any other views ?

Link to post
Share on other sites

All the letters I've had from them say they're based in Redruth

 

Can you provide proof? I have had dealings with this company for a decade. I have never seen anything stating they are based in Redruth. I suspect you are getting confused with another similar sounding company.

Link to post
Share on other sites

If what you say is true about a confusion with a similar sounding company all I can say is that looking at other replies there are plenty of others who are similarly confused.

 

Anyhow, (i) YES I can prove what I say AND

(ii) there is no confusion about the name AND

(iii) can you tell me the name of the similar sounding company.

 

Finally, do you think the finance industry considers itself above the law

Link to post
Share on other sites
If what you say is true about a confusion with a similar sounding company all I can say is that looking at other replies there are plenty of others who are similarly confused.

 

Anyhow, (i) YES I can prove what I say AND

(ii) there is no confusion about the name AND

(iii) can you tell me the name of the similar sounding company.

 

Finally, do you think the finance industry considers itself above the law

 

Customer service can be contacted at:

1st Credit Limited,

The Omnibus Building,

Lesbourne Road,

Reigate,

Surrey,

RH2 7JP

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It would appear that some DCA letters have a return address on their envelopes in the case of non delivery..

 

Cardrew Way, Cardrew Industrial Estate, Redruth, Cornwall TR15 1SH

 

It looks like this address might have some connection to APEX.

 

It also appears to be a mailing address - probably set up to deal with returned/undelivered mail.

 

I believe lots of companies do this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks to everyone who gave me advice on this. I still do not know if I should continue to ignore these people but I think I'll just let hem stew. I've told them any debt - which never existed in the first place - has been SB for at least 2 years. If they start to phone me again I may report them to the Information Commissioner, but I don't know.

 

Anyhow once again thanks to all who offered advice. I think this matter is now closed.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...