1st Credit and Statute BarredLLoyds Debt

[lulilu]

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.

[fkofilee]

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.

[lulilu]

Thanks for this. So I just make a complaint to the FCA ?

[fkofilee]

No complaint to them first... Then FOS...

[silverfox1961]

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.

[lulilu]

Thanks for this

[theoldrouge]

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]

[lulilu]

Thank you very much for this.

[creditman09]

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.

[ScarletPimpernel]

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.

[lulilu]

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 ?

[ArchieA]

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.

[lulilu]

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

[citizenB]

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

[citizenB]

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.

[lulilu]

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.