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Final charging order on jointly owned property
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Hi
This is a fermi special put up for leedspete, I have edited it a bit
I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.
Acc/Ref No: *******************
FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.
Thank you for your letter dated xx/xx/2008, the contents of which are noted.
On xx/xx/2008 I wrote to xxxxxxLTD regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.
In this letter I pointed out the following items:1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".Therefore it is clear that your original contact regarding this debt was in breach of the Office of Fair Trading Guideline referred to in item (2).
Furthermore, your second letter is in direct breach of Office of Fair Trading Guideline referred to in item (4) and constitutes harassment.
As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.
In particular the OFT has recently stated that:The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.
Therefore I wish to formally notify you that unless I receive confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.
Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:- 1st credit
- any company related to 1st credit
- a third party acting on your behalf
- a third party that claims to have been legally assigned this alleged debt
Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.
Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.
I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I would appreciate your due diligence in this matter.If you've have not made a mistake, you've made nothing0 -
Honestly can't thank you enough RAS. Hopefully this will be the end of the matter lets hope so.Supporting the Childhood Eye Cancer Trust0
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Hi
Have done nothing but copy a few posts for you. Mainly it is knowing where to look.
Am glad it is working out for you. If you want to repay sometime, refer people onto here whenever you can.If you've have not made a mistake, you've made nothing0 -
I sent off the above letter and received this today...
Thank you for your letter of the 13th May 2008. A copy of our complaints procedure has been sent under sepatate cover.
Our client informed us that the last payment of £82.32 was received on the 30th October 2002.
I am sure you will appreciate that we are acting in good faith on the information provided by our client and as such do not consider this account statute barred as the 6 year period is yet to expire.
However our client is unable to at this stage provide us proof of the last payment.
We are prepared to ask the client for a written affidavit to confirm payments were made to this account to be used in court proceedings.
We look forward to your comments
Blah Blah about if dissatisfied to refer matter to financial ombudsman.
Whats my next step?
No where on my OH credit report is this shown so if thats the case surely it is over 6 years?
My OH did not make payments to the account and certainly not when stated as he was unemployed at that time.
I think its utter nonsense but how can we prove it?Supporting the Childhood Eye Cancer Trust0 -
Forgot to mention that tis was their final response letter.Supporting the Childhood Eye Cancer Trust0
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I sent off the above letter and received this today...
Thank you for your letter of the 13th May 2008. A copy of our complaints procedure has been sent under sepatate cover.
Our client informed us that the last payment of £82.32 was received on the 30th October 2002.
I am sure you will appreciate that we are acting in good faith on the information provided by our client and as such do not consider this account statute barred as the 6 year period is yet to expire.
However our client is unable to at this stage provide us proof of the last payment.
We are prepared to ask the client for a written affidavit to confirm payments were made to this account to be used in court proceedings.
We look forward to your comments
Blah Blah about if dissatisfied to refer matter to financial ombudsman.
Whats my next step?
No where on my OH credit report is this shown so if thats the case surely it is over 6 years?
My OH did not make payments to the account and certainly not when stated as he was unemployed at that time.
I think its utter nonsense but how can we prove it?
Looking through other posts I think requesting a copy of the signed credit agreement and a statement of the account may do. Who do you send it to? Is it the original creditor or the DCA? Does the fact that a final response was issued by 1st credit mean that they will no longer communicate with me? Thus a cca request with them would be pointless? Any help appreciated I'm going crazy. If we get forced to accept this debt that isn't ours we couldn't possibly pay it. We both are so close to having a clean credit report and its taken very hard work to get it that way. I couldn't cope having to go through everything all over again!Supporting the Childhood Eye Cancer Trust0 -
Hi can anyone shed any light on what my next move is?Supporting the Childhood Eye Cancer Trust0
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