Mr Cheddar Vs Lloyds TSB

[cheddar]

Doing this on behalf of hubby who had a PC phobia lol!

 

Got a letter few days ago regarding an account he had about 5 maybe even 6 years ago....from Thames Credit

 

Amount isn't large and can only be made up of charges applied to the account. So I presume I am right in sending a letter to the DCA saying account in dispute etc And then starting the reclaim process with LTSB?

 

We don't know the account number or anything but the letter from Thames Credit states an agreement number that could be it...anyone know??

 

TIA

[shane5408]

Hiya,

 

If there is any possiblity the debt is over 6 years old it may be statue barred, as such the burden of proof is on the DCA/creditor to prove otherwise, I would send the following letter to them

 

 

 

Dear Sir/Madam

 

I ACKNOWLEDGE NO DEBT TO YOU NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Acc/Ref No 4563210025897412

 

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

 

We 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.”

 

We 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, we suggest that you are no longer able to take any court action against us 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”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

 

 

if my post has been useful please click the scales

[cheddar]

Yeah i'm trying to rack my brains to see if it is Statute Barred but i'm not 100% sure tbh hubby didn't keep any documents....

[shane5408]

Yeah i'm trying to rack my brains to see if it is Statute Barred but i'm not 100% sure tbh hubby didn't keep any documents....

 

Keep in mind it's up to the creditor prove it's not, unless they can provide evidence of the contrary they haven't a leg to stand on!

 

regards,

shane

[cheddar]

Whoo take it back hubby just thought of something and we reckon it is 6+ years...I'll get the SB letter sent off asap Saves having to go down the charges route cos thats simply all it is made up of.

[shane5408]

Saves having to go down the charges route cos thats simply all it is made up of

 

Thats good to know, if by some sliver of a chance they can prove their was contact/payment within 6 years (highly unlikely) you then have this to fall back on!

 

kind regards,

shane

[cheddar]

Okies Thames have now sent a letter saying something about wanting to make sure we're right and to ring them etc etc getting more info from hubby and stuff, will have a look round the site but presume I just tell them to contact lloyds if they want any info and his previous letter still stands?

[elsinore]

Hi Cheddar.

 

Can you post up the wording of the letter from Thames, please?

 

In the meantime, don't phone them!

 

Els

[cheddar]

Sure thing:

 

We write in reply to your recent letter.

 

We appriciate the comments you have raised and we are anxious as you are to resolve this matter in order that we may investigate this further and update our records accordingly, we would be grateful to recieve some additional information from you.

 

Please phone us to speak to our specialist department, as we need to ask you some questions to establish ownership of this account. We need to ascertain any previous address/es where you have resided that may be applicable to our enquiry.

 

As soon as we recieve the information you provide, the account will be investigated and if appropriate your name removed from our database. It is therefore important that you contact us as soon as possible so that we may update our records. We are unable to amend our records without talking to you further.

 

Usual nonsense I've seen before, just can't recall how to throw it back at them, btw i have never and will never ring any such company or give out our number and neither has or will hubby

 

Also hubby is really really sure this is statute barred and again we know for a fact this amount is all going to be made up of charges anyways, thanks for having a look at it for us

 

Cheddar

[elsinore]

Absolute hogwash!

 

You can either ignore it, or send them a short note stating that you have nothing to add to your previous letter (presumably the one shane5408 provided for you).

 

Els

[cheddar]

okies will just email a short note to tell em to naff orf

 

cheers guys

 

ched

[cheddar]

Okies so Thames have come back to say the debt was defaulted in 2004 so looks like hubby was way out on the statute side of things tsk....

 

But I know for a fact the entire amount 'owed' will be charges, so will do my reading up on what to do next, haven't claimed anything back since test case, will keep you informed

 

ched

[cheddar]

Okay so i think i am right in that we claim as normal as see where it goes? I can't see anything being said to the contrary, need to get some printer ink and then i can print some letters out and get started, I presume I will also need to tell the DCA the amount 'owed' is in dispute?

[cheddar]

Okies well sent off the SAR a bit ago and got a reply last month saying that the ref number from Thames was incorrect, they cannot find the account details and we need to provide them with an account number and sort code.

 

So it seems they are unable to locate, I think my only option is to write back giving them some more details as hubby has no paperwork relating to this account...