Real Letter Before Action ?

[Bsb1971]

Hi, I have received the attached letter before action and I wondered if this is something I should be concerned about ?

Looking at protocol it all seems incorrect with just 7 days to pay and it was emailed not sent in the post so hoping they are phishing.

it also has no other attachments just what is listed below.

this is the first email I have received as it’s an older email address I no longer use except for signing up to websites where I know I’ll be bombarded with marketing !

this issue is 1) I don’t feel I owe the debt - this was disputed with Solaplicity at the time and the ombudsman voted in my favour.

2) I genuinely don’t have the funds right now and can’t even start a payment plan for another 8 weeks

i am terrified of getting a ccj as notices has been served on my flat as it’s being sold and a ccj will mean I am unable to find new accommodation !

please can someone help me

[MIKE770]

no attachment? but was it say 5 pages of do/bo not or just a threat one, CCJs take quite a while if you loose case, court cases can take well over 3 months to be heard only then if the other side has all their piggys in line?

[Bsb1971]

Thank you so so much for your quick response ! No idea why my attachment isn’t working.

It was an email with just one page no attachments - so no documents such as agreements questionnaires etc .

I have copied the details below if this helps ?


Subject; Letter Before Action

Dear XXX

Solarplicity Supply Limited (in administration)
Amount of Claim: £

We act for Solarplicity Supply Limited (in administration) who advise us that a debt amounting to £ owed by you in respect of invoices delivered remains unpaid.

As a result of your failure to satisfy your legal obligations, we have been instructed to issue Court proceedings for recovery unless payment in full in cleared funds is received from you by 10:30 am seven days from the date of this communication.

Ways to pay

1. By Cheque - cheques should be made payable to Barratt Smith Brown with the account number noted on the back. Cheques should then be sent to Solarplicity c/o BSB Limited, Finanza House, Suite E Best House, Grange Business Park, Leicester, LE8 6EP

1. By Bank Transfer to Barclays Bank PLC - Sort code 20-49-08, Account Number: 03083160, Account Name: Solarplicity Energy Client Account). All transfers should have the customer account number added to the “notes / reason” field.

1. By Credit/Debit Card – The BSB Payments Team on 0116 296 1438.

1. VIA our online payment portal - PAY HERE

.

If payment is not received within the time stated, proceedings will be commenced against you without further notice. In this event we shall seek, in addition to the principal sum already due, court fees, legal costs and interest. For the avoidance of doubt, the tendering of the above sum in full and final settlement will not be sufficient after the above deadline has expired.

Please address any further communication on this matter to this office, quoting the reference above. We are instructed to commence proceedings without further notice to you.

Yours faithfully


Pre-Legal Collections Team

Barratt Smith & Brown Legal Services
T: (+44) 0116 296 1438
E: collections_team@thebsbco.com

[echat11]

Here's some info -

https://www.justice.gov.uk/courts/pr...on_conduct#3.1

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

[des8]

I would write back and tell them the debt is disputed and they should act in accordance with
the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"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." 7.14.1
"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." 7.14.3

Add that they should stop collection activity as this matter was settled by the ombudsman in your favour in mm/yyyy ref no xxxxxxxx and continuing to make unjustified demands for payment is harassment.
.
Warn them that if they continue to demand payment you will complain to the FCA about their actions.

[echat11]

I would write back and tell them the debt is disputed and they should act in accordance with
the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"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." 7.14.1
"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." 7.14.3

Add that they should stop collection activity as this matter was settled by the ombudsman in your favour in mm/yyyy ref no xxxxxxxx and continuing to make unjustified demands for payment is harassment.
.
Warn them that if they continue to demand payment you will complain to the FCA about their actions.

Excellent post.

[Bsb1971]

Thank you all so much !

They have come back and informed me that all Solaplicity debts are being passed back to the Administrators within the next 7 days.

I have looked and it seems the administrator is Prince Bailey LLP so I have no idea what will happen next !

I presume now that this is why they gave 7 days to pay as they were hoping to gain as much funds as possible prior to passing the debt back to gain their cut.

Of course I don’t know what the Administrators view will be on this and if they will continue to chase themselves or if they will just look to get the liquidation over with ? I don’t know if this is anything the group will have experience on