Buchanan Clark + Wells - Urgent Help Needed

[speedy016]

Hi everyone

 

My hubby received a letter about 2 -3 weeks ago regarding a very old debt to the Halifax, the pursuers of this debt are Thames Credit Ltd. Nothing has been paid on this account for about 9 years although about 3 years ago he received a letter regarding this debt but ignored the letter!

 

Then he received a letter from BCW this morning in bright red letters saying that as he has not responded to Thames Credit Limited :-

 

"You were informed in our last correspondence (2-3 wks ago) of impending court action, as part of that process, we must advise you that authority has now been granted to proceed with a Personal Visitation by a Debt Investigation Officer at your home address.

 

Please can anyone advise me of the best way to deal with this, am I better of trying 6 years have passed so tough or I am better sending a pound and requesting CCA. ( I think thats right, not 100% sure, I only know anything about these options from reading this site.

 

If I go down the 6 year route am I acknowledging that the debt is my hubbys and could that somehow back fire on me or am I better off trying to delay things a bit with the CCA request.

 

I would be really grateful for any advice as we are in a TOTAL mess at the moment with our finances and I am desperately trying to get us back on an even keel.

 

THANKS

[Guest jamesroberts]

If the debt is that old (9 Years) and you have not acknowledged it then it is statute barred and yet another example of a shady dca trying their hand and hoping you do not know your rights.

 

If you search this sites library you will find a template letter telling them that this debt is statute barred and no longer active.

Its just another unscrupulous dca hoping you do not understand the law.

The dca know perfectly well this debt is not collectable but they are trying to trick you into paying by scaring you.

[speedy016]

Thank you so much for the info, its really appreciated.

 

I'll do that and post it Monday.

 

Can't believe I got an answer so quick!!

 

THANK YOU

[rory32]

The template your looking for is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M.

[speedy016]

Thanks Rory32, You're a star!

[speedy016]

Just a quick update, have sent my letter re statute barred by recorded delivery this morning.

 

Just got to wait now and see what happens!!

[babybear39]

Hiya speedy016 ,

 

Good luck with this lot, I'm dealing with them also

 

Best wishes,

 

BB

[speedy016]

Hi BB

 

Thanks for the support, the annoying thing is the debt is BANK CHARGES, my hubbys totally useless with his finances, so in actual fact they are unlawful anyway!!

 

Just can't take any more s*** from DCA's, I've had enough.

 

Good luck with yours and keep me posted.

 

Speedy

[babybear39]

Hiya Speedy

 

*virtual hugs*

 

You're stronger than them with our support

 

Just remember, there's thousands here ready, willing and able to help you A large number of us going through similar situations, trying to get to the bottom of these alleged debts, often not even knowing what they are or where they've come from

 

Will keep you posted, thanks

 

BB

[Guest jamesroberts]

The debt is bank charges eh......

 

If thats the case I think there is a very good chance they will be oweing you money before long.

Why don't these people just learn that there is a revolution taking place and you really don't want to be a financial institution or one of their debt collecting monkeys at the moment

 

Along with sending this request to the dca I should also send the same letter to the original lender and make sure you get a full list of all the charges added to the account as I think you need to be claiming those back.

[rory32]

Interum Justicia made the mistake of coming after me for a £1K overdraft made up of charges from RBS. RBS ended up owing me £4K over and above the £1K overdraft after contractual interest.

[babybear39]

Oh dear

 

Wonder who does thier accounts

 

BB

[speedy016]

Thanks for your input guys, but I didn't think I could chase the Halifax for refund of charges because the debt is so old, my hubby doesn't even have any info regarding the account number or anything.

 

That was brilliant what you did Rory but I don't know if I would have the guts to attempt that when they are chasing the "alleged debt". Was it hard going and complicated?

 

Speedy

[rory32]

Not at all hard going (but then I am quite hardened to their threatening letters and am aware of what they can and can't do).

 

I think it basically comes down to deciding who's going to win - I am fairly competitive by nature.

 

Really it doesn't matter if you don't know the account number, from the name on the account and addresses they can quite easily find it.

[speedy016]

So does it make a difference how old the "alleged debt" is cos I thought you could only go back 6 years for bank charges

 

Speedy

[rory32]

Please read this speedy http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html?highlight=claiming+over+6+years

[speedy016]

Thanks Rory32, you're brilliant! I had no idea.

 

Can you imagine what an impact this is going to have when everyone reads that.

 

Thanks again

Speedy :grin:

[babybear39]

Hi and thanks for that Rory32 Might help me with my one legitimate debt.

 

BB

[speedy016]

I've just read on another thread somewhere that when you send letters to DCA's you don't sign them you just print your name.

 

If thats right i've cocked up big style, I sent a statute barred letter for my husband yesterday but I got him to sign it.

 

ANY REASSURANCE OR ADVICE WOULD BE APPRECIATED, I'M STARTING TO STRESS!!!!

[Guest jamesroberts]

Don't worry about it, makes no difference.

As long as you have not admitted to any debt in the letter there is not any problem.

[speedy016]

Thanks Jamesroberts

 

Thats a relief, really appreciate you helping me out.

 

Thanks again

Speedy

[rory32]

A debt can not be unstatute barred.

[speedy016]

Hi Rory32

 

Sorry i don't understand what you mean I am new to all this and find it all a bit scary, please can you explain for me.

 

Thanks a lot

Speedy

[rory32]

Once a debt has become statute barred then it doesn't matter if you admit the debt as the debt can not be enforced. While the debt still exists it is up to the debtor whether they choose to pay it or not. If you state that you will not be paying the debt then no further attempts to collect should be made.

[speedy016]

Thanks rory32, now I understand

 

Speedy