1st Credit

[E12]

Hey all...

 

i lived away from the uk for the past 12 years.

 

I returned last year.

 

I did leave the country with a couple of debts bad and naughty i know.

 

Well on saturday i got a letter from 1st credit, asking if i was the person (which i am) and to ring a number, and if not then ring another number!!

 

Im abit worried what should i do??

 

from reading other posts about this company im worried about making any contact.

 

I havent had any letters in the past 12 years about this debt,

well i suppose i wouldnt as ive not been in the UK..

..Ive read up abit about it all and this Limitation act 1980 section 5..

 

" An action founded on simple contract shall not be brought after expiration of 6 years from the date on which the cause of action accured"..

So in my mind, and i should think to start with letters where sent to my uk address at the time, this 6 years period is well gone by..

 

HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!

[ims21]

If you have not made any payment or acknowledged these debts in writing for a clear period of 6 years then they are statutory barred and cannot be enforced through the courts.

 

Personally I would ignore 1st Credit....it is not necessary for you to help them at all.

[citizenB]

Correct, if the last payment to the debt was made more than 6 years ago then it is statute barred..

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to

[ims21]

Thread moved to Debt Collection Forum

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

You can send them the letter above - DO NOT telephone them. Send it Recorded delivery and to their Registered office address.

[E12]

thank !!! i will send them the letter.

[BRIGADIER2JCS]

If there has been no payment or written acknowledgment of the debt for 6 clear years the debt is statute barred.

 

So send the following letter by recorded delivery to the Compliance Manager at 1st Credit.

 

Ref: as on their letter:

 

Dear Sir or Madam,

 

I refer to your letter dated xx xx xxxx in which you request me to contact 1st Credit , as I have now researched your company and have found it's unenviable reputation in the UK debt collection ''industry'' I have to make the following statements.

 

1. I do not acknowledge any debt to 1st Credit or any company you may claim to represent.

 

2. I have full knowledge of my credit history and state that any alleged debt you may be attemptng to pursue bearing my name is STATUTE BARRED therefore I will not now or in the future acknowledge any obligation or liability to 1st Credit nor will I offer any payment or make any payment in regard to whatever you may be pursuing.

 

I am fully aware of the OFT Guidance on Debt Collection and the sections regarding the pursuit of statute barred debts.

 

You will now cease to process, store any data relating to me and remove it from your records.

 

Get that sent tomorrow.

[E12]

thanks everyone for your help!! A letter will be sent tomorrow!!!

[BRIGADIER2JCS]

thanks everyone for your help!! A letter will be sent tomorrow!!!

 

Please don't amend or edit the letter as it could change the meaning and cause problems.

[E12]

nooooooooo im just going to paste it and get it printed out.... as i dont have a printer at home or would a written one be ok???

[BRIGADIER2JCS]

yes indeed more effective than typed quite often!

[E12]

thank i will hand write one now and get it sent tomorrow morning!!

[robcag]

thank i will hand write one now and get it sent tomorrow morning!!

 

Probably best to get some carbon-paper then to make sure you can retain a copy of the letter for your records.

 

Easier to type then get multiple copies printed I would have thought!

 

Rob