Hi everyone

I have written the below statute barred letter for Tesco Finance. I had a loan with them in 2001 and there's been no payment or letters from them since 2003 - until recently.

However, my credit files show the debt as being payments missed - see attached:

Based on the credit files being inaccurate (i.e. Tesco never actually defaulting the account), could you read my statute barred letter (below) and let me know if it's ok? I added a bit at the bottom that's 'out of the ordinary'

Thanks

Twinks

The Letter

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that 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.”

I would also point out that 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”.

The last payment of this alleged 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 us 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 myself to recover the alleged amount claimed.

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”.

I await your written confirmation that this matter is now closed and that the false information I have noted against my credit files have been removed. Should this not happen then I will be taking the matter further with the Credit reference Agencies about them processing incorrect data and complaining directly the Information Commissioner`s Office re: the incorrect processing of data.

After this, I expect no further contact to be made concerning the above account.

I look forward to your reply.

Yours faithfully

TESCO PERSONAL FINANCE - CREDIT FILE RECORD.doc

Does anyone have the 'no acknowledgement' letter please?

Thank you so much.

So still SAR Halifax?

No acknowledgement to Aktiv Kapital

right?

Hi

Thanks for your response.

Aktiv Kapital have only just arrived on the scene. For many years, it was with Thames Credit and my partner paid them monthly.

However, with some success myself, I suggested a CCA to Thames and the account was in dispute for over a year.

Now, Aktiv Kapital sent the CCA docs provided further up this posting (but with no terms and conditions). This was November 2009.

Throughout all of 2008, the account was in dispute.

Aktiv Kapital are now stating that they will send a statement of account every year, but also show a £6,251.11 interest for the period of 2008 - 2009. Interesting - I thought they were not allowed to add on charges when an account is in dispute?

Anyway, to summarise - we've only just started to hear from Aktiv Kapital, before it was Thames Credit since 2003/4 time.

I will send Halifax a SAR letter on my partners behalf but (sorry to harp on) what about the lack of terms and conditions in the CCA paperwork they sent. Does it comply with the CCA terms?

Anything else I should do - all the questions you put to me above, are a big resounding no. never had a notice of assignment, never had yearly statements, balance of account changes with each posting we receive, Aktiv Kapital have told us nothing, just asked us for nearly £20,000.......

Hi everyone. Just come home from work and my partners received another letter from Aktiv.

At the time that Thames were looking for the CCA (2008 - 2009), Aktiv capital have sent through a statement of account where it shows that in this period, they added £6,251.00 to the account.

Is this not illegal?

Please help

It's the fact that payments have been made for 10 years and the value is at 19,000 whereas when the account was defaulted it was at £10,000.

Also - I'm not sure if its enforceable - the CCA paperwork they sent, I don't think its complete (but happy for anyone to respond)

Hi again

As promised - "CCA" and subsequent demand letter for £19k

What shall I do next?

Any responses gratefully received - Thanks!!

Thames.pdf

not that i'm aware, i've only been with my partner for 7 years, so what happened before is a bit beyond me. Would that be sorted out from sending a SAR to Aktiv Capital/Thames Credit?

I will scan the docs up tomorrow Thank you!

Sorry - the letter is not from Halifax - it's from Aktiv Kapital.....

Will scan in tomorrow....... sounds like it's Thames upping the interest again as far as I can tell......

Hopefully the agreement is not enforceable anyway....

Thanks for your help so far...

Title should say:

Halifax to Thames Credit to Aktiv Kapital...

Any help appreciated x

Hi all

My partner had a loan back in 1999.

He last made payment to Halifax back in 2002 but then lost his job and it was passed to Thames Credit. At this stage it was at £10,000

For years he paid monthly to Thames Credit.

In 2004, the balance was at £10,000

This went steadily up regardless of payments being made.

We CCA'd Thames Credit in September 2008. We got the usual "we are waiting for a copy of the CCA" letter through from Thames.

Last payment to Halifax in 2002.

Nov 2009 - we received from Aktiv Kapital the following:

1) completed 1 page document PERSONAL LOAN APPLICATION FORM

**where it is signed by my partner in the box that says "YES, I would like to take advantage of the peace of mind offered by Personal Loan Repayments Insurance in the event that I am unable to work due to involuntary unemployment, accident or sickness"

2) one page Personal Loan Agreement page showing Financial information of the loan. This Credit Agreement Regulated by the Consumer Credit Act 1974 States the following financial information:

Cash Loan £9,900

Total Charge for Credit for Cash Loan £3,665.40

Total amount you pay for cash loan £13,565.40

Insurance Loan (cash price of insurance) £2,007.93

Total Charge for credit for insurance loan £743.67

Total amount you pay for insurance loan £2,751.60

You have to pay the total loan and interst by 60 monthly payments of £271.95

Annual Percentage Rate 13.900%

Monthly Interest Rate 1.097%

Total Loan £11,907.93

Total Charge for Credit for total loan £4,409.07

Total amount you pay £16,317.00

This page has been signed by my partner.

So, to summarise, the balance at 2002 ws £10,000. Since then regular payments were made to Thames Credit where the debt never decreased, instead grew in value and today, the letter from Halifax received states:

Outstanding Balance £19,070.44

First question - the CCA received - a one page document showing the above text in italics, with no terms and conditions attached - does it sound enforceable.

Second question - the amount of loan - even if he started to pay it again, I'd be against it - whats the point - the loans gone up by £7,000 whilst payments were being made!

Third question - last payment was made to Halifax in 2002, does it make the debt statue barred as he has not made payments to Halifax. Or do the payments to Thames Credit count?

Any help, any letter that I should send on his behalf would be gratefully appreciated. Sorry, I can't scan the letters in at the moment

Thanks

Twinks

Hello everyone

Had some success!

Wrote to Southern Water - I stated:

We pay £70 a month on water due to not receiving a bill for the first 3 years in the property.

When we received the bill we queried it with southern water but they simply put it down to a leak down the back of the cistern - which we dispute would have been noticed by us if it was bad and we didn't believe accounted for the level of water usage.

That in Aug 2007 they introduced a new billing system & we have no statements prior to this.

I then requested:

1) why did we never receive a bill for the first few years of living at this address?

2) our water is metered & the meter being out in the road, under a manhole cover that we cannot access & we have never seen any water readings - wanted to know when the water meter was fitted for this date

3) that i was unhappy that as a result of not receiving any statements for years, that we found ourselves in a supposed debt to them and put on a payment plan

4) i had researched and found that our bills were way to high in my opinion for a 3 washes per week and no dishwasher household.

Long and short of the matter is - they have shaved off £400 off our bill - which is the outstanding amount from the supposed debt and have offered for the next time a meter reading is taken for us to be present. They do not know how many meters are outside our property and they did send us a statement from 2006 to 2009.

Couple of things that I will raise another time (fancy a little break from it and need to research it some more) is that charges from Apr 05 to Mar 06 amounts to £1000 and Apr 06 to Mar 07 comes in at £500. Think they're trying to pull the wool over our eyes, but for the time being, we don't owe Southern Water anything.

So - partial success.

cool. sar letter it is then. i love a good fight!! thank you all.....

hi

another 'statement' received today.

no request for payment.

no payment made for well over 6 years.

no letter on my part to them for over 6 years

still shows up as 6 months late repeatedly on my credit file (never defaulted).

Question still is - do I SAR them or just send the statue barred letter?

Thanks

Thanks everyone.

I've written a letter to Southern Water and will send it tomorrow. It's basically asking them to give me a breakdown of all meter readings. It's also requested confirmation on when the meter was fitted, where the meter is connected to - to get them to check that the water meter belongs to our property.

I also asked why we did not receive a bill for a few years of living here and that we've paid hundreds to them for a supposed debt, that we have no proof that we owe.

I'll take this all the way. Lets see what happens!

Thanks for all your help

Twinkle

Not yet. A guy from this forum has asked for my water statement details - maybe an insider, going to take a sneaky peak.... i'll update as soon as I hear

Hi

Only annoying me again....

Do I send Lloyds the attached letter?

or

Do I send Lloyds an SAR

or

Do I send Lloyds something else?

what to do about PPI? Anyone got a good addition to send to them along with whatever of the above I send....

Thanks!

Lloyds Letter.doc

Hi

I'd be tempted to advise them, that you made a copy of your letter sent to them, along with a copy of the postal order ref: ****** also sent, which was sealed in front of an independent witness and sent special/recorded delivery to them on *** date.

Suggest that they launch an independent investigation within their organisation to find out who has taken the PO, and that you do not deem that the inefficiencies within their organisation is a good enough reason for them not to abide by the 12+2 days allocated to them.

Expect their full response by this date or expect the matter closed.

But i'm in a fighting mood today - they're a bunch of scheming so-in-so's!!

Thank you Cerberus alert!! letter done and will be special deliveried tomorrow for whenever the next post goes!!

Hi

CCA'd mackenzie hall July 2008 and got their 'account on hold' letter.

Today - received a letter from Rockwell Debt Collection Agency - same reference number as the mackenzie hall one - stating:

we have been instructed by Tessera Portfolio Management Ltd to contact you regarding the above account which remains unpaid....

Your debt is now overdue and must be paid in full to these offices within the next 7 days otherwise we will take immediate action...

We do know that the letter is just a random threatogram, but does anyone know:

1) is Tessera Portfolio / Rockwell Debt Collection Agency the same company as mackenzie hall

and

2) anyone got a good letter template that says "the account is in dispute, you're breaking a law trying to get money from us"

Thanks

Twinks

Hi

sorry to bump this, but do I:

1) send the letter in this post's thread

2) send the letter in this post's thread and another letter re: PPI

3) SAR them...

Thanks!

Thanks.

So I send them the letter you attached and what - a separate letter for PPI? Or do I just SAR them?

All this advice is really appreciated!

Oh Wow! That looks like good news for me then!!!

Does anyone know if Lloyds are the type to lie down and roll over, or if they'd pursue it all the way to the courts?

Thanks - I will type and special deliver the letter tomorrow. Should I put a copy of their CCA paperwork in that they sent me?

Thanks

Twinks

well

I don't know about now!

The initial loan was for £13,000 - £284.86 a month

Payments made for approx 1 year to the bank, then defaulted as lost my job.

Debt went up to £15,932.87 with payments payable to Commercial Collection Services from November 2003. £40 a month....

In 2006, the debt got passed back to Lloyds as I refused to deal with CCS anymore...I got cross with them and they referred me back to Lloyds.

Have been paying £40 a month to Lloyds ever since

Current balance is...... £14,012

please do you require a comment on their cca.

 

please confirm that it does not have the total charge and the total charge for credit

Hi

If the above, is a question, then yes - i would like anyone to comment on the CCA that Lloyds sent me.

By the question - does not have the total charge and the total charge for credit on it - do you mean the original loan amount of credit and monthly repayment amount - then Yes, it does. It's on the first page of the paperwork attached in the second box.... probably blacked out by me....

I thought it looked pretty complete, but was informed that it was not complete. Does the paperwork tick all the boxes for the paperwork I should have received back?

Thanks