Warning and advice about LCS Utility Investigation Civil Enforcement Debt Recoveries

SensibleSally

Thanks for the replies. Unfortunately I don't really have time to make a proactive rebuttal, so I'll think I'll just wait it out and see what happens.

I'm not losing any sleep over this, as I know that I don't technically owe what they are claiming I do. Surely worst case scenario is that I just end up eventually receiving the correct bill?

skepticscott

I just had a call from these !!!!!!, one can always tell when its some debt collection agency, they are the only people who call and ask aggressively if they are speaking to.........?

It's very easy to manage them. Calmly but firmly ask; who is calling? Where are they calling from? What is the nature of the call?

They will continually try to ask the same question,is this Mrs.............?

Stay firm; What is your relationship with Mrs..........?

Why are you calling Mrs...........?

They will become more and more aggressive, at which point you can say something like; Mr Turner, if you are not going to tell me the reason for this call then I am going to send someone to pay you a visit, Mrs.......... owes me a lot of money, she has disappeared, I've got people out looking for her and anyone who knows her, so whats your address?

Helps if you have a broad Glaswegian accent. :beer:

See you Jimmy, wan a ma mates is coming roon yer hoose the night.

thorpette

Hi,

We exchanged on our new house in March, which was about 6 weeks before we actually moved in. When we did move in, there was a bill from British Gas addressed to The Occupier (not the previous occupant) for over £1000. I immediately phoned BG to tell them that we were the new occupants. Our details were added, with an account set up and we were told not to worry about the bill or the £1000. We have since switched to E-on and have only paid BG for the fuel we used.

Yesterday we received a letter addressed to The Occupier from LCS asking for our details and those of the previous occupier (which, other than his name, we don't know).

Having read a lot of the advice posted on this thread I am inclined to ignore the letter, but I'm just a little concerned that we may deemed to be partially liable for the debt due to the fact that I only phoned BG about six weeks after we officially became the new occupants of the property.

Hope someone out there can help!

SensibleSally

Every few weeks I'm receiving a call from LCS. It tends to go along these lines:

LCS: I'm ringing about the outstanding debt. We've got it noted here that you're disputing the dates, do you have proof of the dates of your tenancy?
Me: No.
LCS: Okay are you able to obtain proof, maybe from the letting agency?
Me: I don't really have time. Can't you ask them if I give you their name?
LCS: That's not our job as the debt recovery company.
Me: ....
LCS: Okay I'll give you 2 weeks to get proof and be in touch with you again.
Me: Okay, speak to you in 2 weeks.

This has happened 3 times now. I wonder when it will end? Intrigued to see how long I can push this.

fatbelly

SensibleSally wrote: »

Every few weeks I'm receiving a call from LCS. It tends to go along these lines:

LCS: I'm ringing about the outstanding debt. We've got it noted here that you're disputing the dates, do you have proof of the dates of your tenancy?
Me: No.
LCS: Okay are you able to obtain proof, maybe from the letting agency?
Me: I don't really have time. Can't you ask them if I give you their name?
LCS: That's not our job as the debt recovery company.
Me: ....
LCS: Okay I'll give you 2 weeks to get proof and be in touch with you again.
Me: Okay, speak to you in 2 weeks.

This has happened 3 times now. I wonder when it will end? Intrigued to see how long I can push this.

Probably a long time. FCA guidance says where there is a dispute, they must stop collection activity and investigate.

CONC 7.14:

A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.

Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner

A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds.

Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must: (1) pass the information provided by the customer to the lender or the owner; or (2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation

SensibleSally

Thanks for the info. So it looks like that it might actually be their job to make further inquiries?

SensibleSally

fatbelly wrote: »

Probably a long time. FCA guidance says where there is a dispute, they must stop collection activity and investigate.

CONC 7.14:

A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.

Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner

A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds.

Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must: (1) pass the information provided by the customer to the lender or the owner; or (2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation

Just had another forntightly call from LCS. They again said that it was my responsibility to get proof from the prior letting agent to confirm the dates of my tenancy. I asked why it was my responsibility. They said it was their company policy. I asked why they couldn't do it. They said they're not allowed, as per their company policy.

So I quoted the FCA guidance above, saying that where the customer disputes, the firm must investigate. The LCS person had never heard of this and dismissed it by saying that they've never encountered a customer quoting it before. I said there's a first time for everything - and that I'd rather take the policy of the UK's financial regulatory body over LCS's company policy.

LCS person then said that all these phonecalls have gone onto my file and will be used against me if they need to take recovery action. I said that's fine as I haven't said anything untrue, and as I am disputing the claims on valid grounds, they must suspend any recovery steps, as written by the FCA. I'll expect the same conversation again in 2 weeks time.

fatbelly

Well done, SensibleSally.

When someone says 'it's company policy' the best response is:

'send me the written document that shows this.'

Usually they can't because it isn't written, so

'if it's not written anywhere then it can't be policy'

If they were ever stupid enough to put this in writing then it would be really amusing to pass it on to the FCA.

Incidentally CONC 7.14.1, 3, 5 & 6 (which is what I quoted) are RULES not GUIDANCE.

I don't know whether to be surprised or not that they have never heard of the rules that apply to their profession.

SensibleSally

Thanks - further ammunition for the next inevitable phonecall.

Also not sure if it has been mentioned yet, but LCS have an annoying system of ringing you - and then putting you on hold. I've never experienced this before with any other company. I'm happy to stay on hold when I am the one to ring them, but not when they ring me.

So I hang up as soon as the hold music stats playing, then one of their staff will ring me themselves within the next minute.

comedian

I received the standard letter - however I know for a fact I owe nothing. I called my energy supplier who looked into it and said they had never heard of LCS.

I sent it off to the council who forwarded it to trading standards and the police - have not heard from LCS again. :beer: