NBCS (Notice of Intended Criminal & Civil Proceedings Immediate Action Required)

Adamq88

I’m writing to urgently request legal advice regarding aggressive debt collection from NBCS.  

### Background:  

1. **The Charge**: NBCS demands £280 for a parcel I **returned with proof** (I provided a return receipt).  

2. **My Response**: I initially ignored their emails/letters, believing the receipt resolved the issue.  

3. **Escalation**: I’ve now received a "Notice of Intended Criminal & Civil Proceedings" in bold red letters, demanding immediate payment.  

 Key Evidence I Hold:  

- Return receipt proving the parcel was sent back.  

- Copies of all NBCS communications (including the threatening letter).  

 My Questions:  

1. Is NBCS’s threat of **criminal proceedings** legally valid for a disputed parcel fee?  

2. Do I have grounds to refuse payment since I returned the item?  

3. How should I respond to protect myself from further escalation?  

I’m deeply concerned about their tactics and need guidance on next steps. I’d appreciate an initial consultation at your earliest convenience.  

Thank you,  

Lomast

Nbcs have no specific powers they are just debt collectors/ civil recovery lawyers with a fancy name.

Who is the retailer involved?
What exact proof do you have of the return, hopefully a proof of postage rather than just a returns label or similar?

Voyager2002

This is a civil matter, not criminal. The threat of criminal prosecution demonstrates that they are liars trying to frighten you.

If they do take the matter to court (which I consider unlikely), your receipt should be enough for them to lose.

sheramber

Whether you are liable depends on the circumstances.

Do you have proof of postage or proof of delivery to retailer?- such as signature for receipt or email confirming receipt.

Is there tracking?

Did you pay for return or did you have return label from  the retailer?

Jenni_D

sheramber said:

Did you pay for return or did you have return label from  the retailer?

A very important question. If they provided the return label then your liability ended when the parcel was posted/collected.

GDB2222

Voyager2002 said:

This is a civil matter, not criminal. The threat of criminal prosecution demonstrates that they are liars trying to frighten you.

If they do take the matter to court (which I consider unlikely), your receipt should be enough for them to lose.

In practice, you are right. Even if it is a criminal matter, I can’t imagine that they will try to do a private prosecution. 

However, if the op did a charge back to receive a refund, that could conceivably be a criminal offence in some circumstances.  So, it’s not a complete lie to mention that in the letter, although it would potentially add to any harassment claim that the op makes against them. 

Anyway, the op is asking how to challenge the letter before action they have just received, as it seems highly aggressive.  For this to become harassment under the act, there would have to be a second such letter, as the act only applies to two or more. So, I suggest the op lets us know if a second letter is received.

If proceedings are issued against the op they do need to put in a defence.

Unfortunately, the op doesn’t say what they did apart from returning the goods, and on what basis they did so.

eskbanker

Adamq88 said:

I’m writing to urgently request legal advice regarding aggressive debt collection from NBCS.

Just to be clear, if you want actual legal advice then you need to pay for it, but posting on a forum like this will generally result in helpful guidance from (mostly) well-meaning and (often) well-informed anonymous strangers, which you may need to treat with caution.

Perhaps worth noting that this is an entirely generic comment rather than any implied criticism of those who've already posted, none of whom I disagree with!

sheramber

The OP first posted in June by tagging onto old threads  and was advised to start his own. 

Also apparently been posting on Legal Beagles.

I think he  might not be getting an answer that he wants. 

eskbanker

sheramber said:

The OP first posted in June by tagging onto old threads  and was advised to start his own. 

Also apparently been posting on Legal Beagles.

I think he  might not be getting an answer that he wants. 

To be fair, it looks like the only answer he's had is 'start your own thread', which he's now done, for the first time as far as I can see?  However, the odd reference to "I’d appreciate an initial consultation at your earliest convenience" would seem to imply that he's perhaps copy/pasting this elsewhere too....

the_lunatic_is_in_my_head

Adamq88 said:

1. Is NBCS’s threat of **criminal proceedings** legally valid for a disputed parcel fee?  

Technically anyone can do a private prosecution, I believe the CPS still have to agree and where they don't it's some kind of application to the high court. Very unlikely to happen due to the burden of proof requiring beyond reasonable doubt. 

Adamq88 said:

2. Do I have grounds to refuse payment since I returned the item?  

Probably but we need more details, you returned a £280 order and have proof of return so what happened next?

Does the tracking show it was delivered, do they dispute the contents of the parcel, something else?

Adamq88 said:

3. How should I respond to protect myself from further escalation?  

To them probably ignore, to us more details please  

eskbanker said:

Adamq88 said:

I’m writing to urgently request legal advice regarding aggressive debt collection from NBCS.

Just to be clear, if you want actual legal advice then you need to pay for it, but posting on a forum like this will generally result in helpful guidance from (mostly) well-meaning and (often) well-informed anonymous strangers, which you may need to treat with caution.

Pretty sure it's all guidance just you'd hope it would be more informed guidance if having to pay for it  

GDB2222

Any legal advice will cost a good deal more than the £280 being demanded.