Thames Credit - Debt statute barred?

[thamesdebt]

Hi,

Was looking for some advice. I recently had Thames Credit pop up out of nowhere, asking for money for a debt that was sold onto them. I knew it was long time ago, and its possible I`ve paid it, although the original paperwork at my end has gone. (I had a number of debts and paid them off over a number of years, and not sure if this was one, I thought I`d paid everyone off).

I did not acknowledge the debt, and made a CCA Request, which came through today. If was for a storecard with GE Capital, and I got a copy of the agreement I signed in the shop when I applied for the card.

However, the date was in 1997. I know I did use the card ok for a couple of years until unfortunate circumstances left me in debt.

So, I`m pretty sure that the debt will be statute barred. However, I can't remember the date of my last payment, but Im sure it was more than 6 years ago.

In their letter it says they are obtained statements from GE Capital and ask me to "be patient" while these are being collated. It also says though, that isf I don't respond by phone or writing in 7 days, setting out any reasons for disputing the debt or reasosn for non payment, the matter will be passed back to the collections division.

How do I proceed on this? Obviously I don't want to do anything until the statements come through and I can see if its been statute barred or not.

I`m worried that if I contact them, setting out reasons for the dispute, it could be taken as acknowledgement and i`ll lose the statute barred status.

Obviously they are likely to know if its statute barred or not, but I don't, and I don't want to get anything bad on my credit file in the meantime.

Whats best to proceed to put a hold on things, but without acknowledging the debt?

Thanks!

[mollyr0x]

First of all NEVER phone them. They will try to get you to pay in one way or another. IF they call you , tell them to put it in writing and put the phone down. Dont argue etc.. Just say it and do it.
If you are sure its statue barred, send them the letter from the templates section.
If they call you, send the harrasment one, or send both at the same time. Just for good measure.

If you think it may not be, send them letter N from templates along with a £1 postal order. Do not sign a thing. Hence the postal order not cheque.

Good luck!

[mollyr0x]

http://www.consumeractiongroup.co.uk...templates.html

Letter M for statue barred
Letter N for CCA

At the top of either, in big bold underlined letters :

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Also either recorded or special if you dont mind the extra.

[thamesdebt]

Thanks for your reply!

I do have the agreement now (or a copy of it anyway), and this tells me I took out the card in 97.

However, what I need to know is the date of my last payment to them, as if im correct the 6 years from the statuate of limitations starts from then?

I`m pretty sure it will be statute barred by now, by until I get the copies of the statements I can't be sure.

Whats the best way in the meantime to hold them off, until the copies of the statements arrive, and without acknowledging the debt.

According to them in 7 days the debt goes back to their collection department, and that in itself doesn't bother me. I`m just worried they could put something on my credit file if its not statuate barred, as I`ve worked really hard to get myself sorted, and its been clean for the last 2 years now. Obviously I don't want to have to start again if they put something on my file!

[mollyr0x]

If 12 working days and 1 calender month has passed, file it (not in the bin keep it safe, you may need it later) But basically ignore it.

What date did you send the CCA?

[thamesdebt]

I sent off for the CCA on the 18th October, and it arrived today.

However, I was reading back through the forum, and realised that if there were any payments or other regarding the debt it would be on my credit file. I got a copy of my credit file earlier in the year, so dug this out and theres nothing on there regarding the debt.

As a result I 99% certain it is statuate barred now, so going to send them template letter M, and pretty much ignore anything else from them.

Thanks for you help!

[mollyr0x]

Get an upto date credit file, I think equifax have an offer on where you can get it free.

[oneofakind]

The DCA has to prove that you made a payment within the last 6 years - it's not your responsibility to disprove it. Whatever you find on your report, send them the statute barred letter, and make them work for their payment.... which they won't be getting, of course!

there's a lot of comment on various threads at the moment about the CRA's, and their links with the debt collection companies. checking with Experian/etc. can cause lots of skeletons to come out of closets....

Be wary.

[thamesdebt]

Thanks for all the comments.

I don't think I need to check my credit report again. Theres nothing on there from the last 6 years regarding this debt, which is now 10 years old, so its got to be statuate barred.

I`m sending of the template letter M and then see what they come back with. All I was concerned about was them putting something on my credit file, but now im sure its statute barred I know that won't happen. They can write me as many letters as they want, they don't have my phone number so they can't bug me.

Just checking where I stand, and as always this forum has been great and given me ideas I hadn't thought of.

Thanks for all the help!

[Curlyben]

I like the "passed to collections division" line.
All this means is a different desk and some scarier nastygrams threatening that they will take you to court, send bailiffs and cancel Christmas and your birthday.

As previously mentioned go with the stat barred letter, it seems that Thames have recently bought a job lot of these type of debts and they're trying to cash in.
Oh well they come unstuck when they come up against CAG

[Tezcatlipoca]

It seems Curlben is right about them buying a load of these. I myself had one (http://www.consumeractiongroup.co.uk...es-credit.html) for a 13 year old 'debt'.

As has already been said here, thamesdebt, stick to your guns and they'll eventually give up. It's entirely optional of course, but I also advise you to do as I am doing and put the boot in once they're down with complaints to the OFT, FOS and TS; hopefully if enough people moan about these jokers they'll get their license revoked.