LCS cashed a cheque of mine when they should not have.

RIC_2

Hi.

Basically, I owe southern electric money. LCS debt recovery sent me a letter over a year after I moved out of my old house. I sent a cheque for £1 under section 77 of the consumer credit act 1974 (did I get that right?). I explicitly stated in the letter the £1 was to be used to get a copy of the creidt agreement, and for no other reason. If they could not do this, then they were to return the cheque.

They cashed the cheque and I have not heard back from them. I told southern electric about this and they said this:

"Dear Mr Hartnell Thank you for your email.
First of all I would like to apologise for the difficulties you have experienced with LCS.
I can confirm that as LCS work on behalf of Southern Electric, disputes are dealt with directly with ourselves as they do not hold all account information.
As you have requested a copy of your agreement, I can confirm a form has to be filled out by yourself and the request returned. I have today requested a form be issued to you at Waveny. Once you receive this please return it to the address which will be provided.
I can confirm I have also placed a further 4 week hold at LCS to allow you time to receive the form.
I have noted the other tenants names and addressed and as I previously advised, once the tenancy agreement is received I will update the account accordingly.

I feel it may be necessary at this stage to advise you of our complaints procedure which is as follows"

(I can't post the link as i'm new)


So I am pretty annoyed LCS cashed my cheque, which I sent on the 2nd of october, recorded delivery.


What should i do? LCS hav basically commited fraud right? I honeslty couldn't care less about a pound, but it is the principle of the matter.


Am I within my rights to not pay southern electric until this is resolved? and can I get LCS into trouble (the more the better).


Also I don't need to see the creditor agreement now, as I know I owe them for sure.

RIC_2

bump

really need to know what i should do

chanz4

think you are confussing this, section 77 of the consumer credit act 1974 would not apply. Energy is not provided in this way as its a service agreement and can be subject also to deemed contracts.

What are you trying todo? Once your tennancy is recieved they will alter the dates and bill you, unless it states otherwise you are liable for the usage.

RIC_2

"The Consumer Credit Act 1974 requires most businesses that lend money to consumers or offer goods or services on credit or engage in certain ancillary credit activities to be licensed by the OFT" Office of Fair Trade


No, I am not.

Credit by definition is not necessarily money. It refers to resources, and energy is a resoucre just as money is.

RIC_2

No idea why it was all in bold, sorry.

SYNERGY

No, I am not.

Credit by definition is not necessarily money. It refers to resources, and energy is a resoucre just as money is.

You said: " Basically, I owe southern electric money......."

Then you say: " What should i do? LCS hav basically commited fraud right? I honeslty couldn't care less about a pound, but it is the principle of the matter."

You go on to say: " Am I within my rights to not pay southern electric until this is resolved?"

Then go on to say: " Also I don't need to see the creditor agreement now, as I know I owe them for sure."


Is it me or is it you ?

You admit to a debt of £x to Southern Electric. (as I know I owe them for sure.")

Yet you are wittering on about the principals of LCS over £1.00.

If you keep to principals maybe others will keep to theirs !

You admit you owe Southern Electric, pay them, simples.

You think LCS owe you £1.00 contact them to refund your £1.00, simples.

RIC_2

LCS sent me a letter demanding close to £200, for a debt of £150. they wanted me to pay "admin" fees. LCS tried to get me to phone a premium line, and they also persisted in phoning me whilst at work.

I basically prepared a letter, sent it the next day and also got in contact with southern electric to speak to them. In the event I did owe them, how was I to know for sure if they would take the debt back or not?

Southern electric sent me all my old invoices and I could see I owed them money.

People seem to have had a lot of trouble with LCS aswell, and I just don't like these guys.

Also, its not just the matter of LCS owing me £1, its the fact they cashed the £1 when I explicitly told them in writting it was to retrieve a copy of the credit agreement. Bear in mind this letter was written at a time when I was unaware whether I owed any money or not and I wanted proof. I received the letter from LCS more than a year after moving out of the old house with my house mates (who all went to live somewhere else).

Southern electric choose to let a debt collector chase debtors on their behalf. If you ask someone to act on your behalf, their behaviour reflects on you, as you are essentially condoning that behaviour.

chanz4

Im afraid you are fully incorrect, its not covered under it. I have been in the industry for a longtime. And if you look at your suppliers terms and conditons yous will find a clause abotu admin fees if you fail to pay which you have.

chanz4

from theit t&c's

4.5 If any payments are late we may charge you (i) interest at
the rate of 4% per annum above the current Bank of England
base rate and (ii) reasonable costs of trying to recover overdue
payments.

4.7 If you choose to dispute any amount then you must pay the
undisputed amount, and once the dispute is settled, pay any
amount that is still owed.

RIC_2

When I say LCS tried to make me pay a rediculous admin fees, I mean LCS.

Southern electric are only asking for £150 (no admin fee).

And I quoted the OFT saying it covers companies that offer goods or services in credit.