Thames credit/ Direct auto financial services ltd/ yes car credit

[ICY]

Recently received a letter from Thames requesting payment, for an account which surely must be statute barred.

 

I foolishly got a car from Yes car credit in late 2000 (i think), then the inevitable happened and i lost job ending up falling behind with payments, the car was reposessed i believe sometime around august 2001. surely to have repossessed the car the account would have first have had to been placed into default, therefore the latest the default could have been registered is surely well over 6 years ago thus making it statute barred (am i correct or can they actually repo the car then issue default at any time)

 

I know for certain i have had no contact with any company over this debt, since the car was repossessed nor have any payments been made by myself, although i did receive a number of letters to a previous address a few years ago, i chose to ignore these (wether that was the right decision to make remains to be seen) are they able to register a default after the car was repo'ed, is my best option to continue to ignore the letters.

 

Dates are uncertain, allthough having checked my credit file i see i applied to welcome finance (and was declined luckily) in April 02 i deffianatly didnt have the car for a few month before this date so the latest they coud have repo'ed the car would be around Jan 02, if this is the case then may not be SB, and i dont want to shoot myself in the foot by writing to them and the 6 years starting again.

 

Thames credit have made the following entries on my credit file

 

11/02/2001 DIRECT AUTO FINANCIAL LINKED ADDRESS

03/06/2001 DIRECT AUTO FINANCIAL LINKED ADDRESS

 

 

The second linked address is where i was living when they repo'ed the car, and i was only there for a few months thats as close i can get to narrowing down the dates

 

 

Letter goes as follows.

 

2nd June 2008

Dear me

 

RE: Agreement number XXXXXXXXX Direct Auto Financial Services Limited

 

We refer to our previous letter and are disappointed that we have not received any responce, verbally or in writing.

 

We are sure that you are not simply choosing to ignore our letters.

 

The current outstanding balance is £6715.27, inclusive of any accrued interest (WTF for a car i had prob not even had a year and they got back and prob resold for same amount )

 

Take notice that if we do not hear from you within 14 days from the date of this letter - by telephone - putting forward proposals to discharge the due balance, we will take action as follows:

 

1. We will refer the matter to our solicitors for their consideration and, County Court proceedings may be issued against you for the recovery of this debt, or

2. We will refer this matter to our field agents, who will call at your address to discuss repayment of this debt with you in person.

 

If you wish to avoid either of the above actions, please telephone our number immediately. Our opening times are clearly shown. Please ask to speak to a Negotiator, quoting your reference number.

 

Yours Faithfully

 

Thames Muppet

[42man]

I would send them the Statute Barred letter from the templates library....

[ICY]

Would this not mean they can start the limitation period again as i have contacted them, also not 100% sure it is statute barred, although that is something i am not able to find out without contacting them, if i do write to them and it is not statute barred, them i will be liable for the full amount and the 6 year period would start agin would it not?

[Curlyben]

The only acknowledgement that is valid is in writing or by payment, telephone calls don't count.

 

Send them the SB letter and make them prove it's still enforceable and valid.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

[ICY]

Many thanks CB i will get onto that now

[Curlyben]

Thames have a habit of buying SB debts in the hope people don't know their rights and pay up for a quiet life.

[ICY]

should i send to the address on their letter which is a PO BOX or to their registered office address?

[42man]

Send it to the one they ask for correspondence or which is on the letter...and don't handsign the letter either.....

[ICY]

the letter only gives the option to ring them (which aint happening) the header of the letter has a po box address and underneath is the registered office address, the only reason i am asking is i will be sending registered post and have heard if it is a po box they can get away with claims they havent received it.

 

Why shouldnt i sign the letter?

[Allwood]

Thames are **** do not sign it as they will copy your signature and they are well known for skulduggery and deception. If they do not send you an address then hopefully they have been evicted. What happened with me with this outfit was they passed on the debt to BCW who said thay there were acting for Thames when I ignored their letter they send me a solicitors letter from GPB solicitors with just one solicitors name on it (solicitors are suppose to have a couple of solicitors to be a practice). Their letter will probably say that you should contact their client but do not do so, the letter also will say at the end not to contact them but this is a con as well, as I sent these people a CCA with a pound postal order and I also sent one to BCW who were suppose to collecting the debt on behalf of Thames, I got a letter back from BCW stating that they will get Thames to send me a CCA direct to date I have not receive this from them. By the way the debt was statue barred. :grin:

[ICY]

:eek:

 

And they are still licensed to trade, that is shocking, %&$^*""$

[Curlyben]

Well to be sure send it recorded to their registered address, then they can't deny receiving it

[rameses_qc]

This shower of **** still has its licence, despite many many complaints. NEVER telephone these piles of garbage.

PS A solicitor's practice DOES only need one solicitor. They are known as sole practitioners

[Allwood]

rameses_qc - I note what you say but why does it say solicitors on its letter heading, sole practitioners brings Shipman to mind.

[ICY]

Does the following from the template letter mean that as i havent PAID in 6 years or spoke to the either verbally or in writing, they can do no more, or is it that 6 years from the date they defaulted me, (which i have no idea when that was)

 

"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"

 

Recorded delivery going off today

[42man]

IT is 6 years from when you last acknowledged the debt or made a payment towards it...

[42man]

I love the way they say "issue it to our field agents or 'refer it to our solicitors for their consideration' - again to frighten you into paying......

[ICY]

they got the wrong person lol

 

I wish i had never gone to yes car credit in the first place

[Allwood]

I feel that if you dig enough you will find that Yes car has something to do with Thames. As they never stop sending me their deal when Thames was bothering me about a debt they had no authority to collect.

[ICY]

Surprises me not, it amazing how many DCA companies trace back to other companies once looked into

[ICY]

Sent the statute barred letter, which according to royal mail they received on the 16th, however just got a letter today dated the 17th, so in my eyes it is a reply to my statute barred letter, although no reference is made to my letter. Have they now started the harrassment process.

 

Letter as follows.

dear Me

 

We refer to our two previous letters.

 

Our last letter made clear the action that could be taken against you in the absense of a response.

 

Whereas your file is now being prepared for dispatch to our internal litigation department, we have decided to write again.

 

As owners of your account this group of companies is able to make decisions regarding settlment payments.

 

The current outstanding balance is clearly shown above but, if you are able to make payment by 3 equal instalments over the next 3 months, we will reduce the above balance by 35% The first of these payments should reach us within 14 days.

 

If you cannot do that, we will accept monthly installments by direct debit and will apply a 5% discount to the above outstanding balance.

 

we must now hear from you within 14 days if ou wish to take advantage of either of the options set out above If we do not hear from you, our file will be dispatched without further notice.

 

Please telephone us as soon as possible asking to speak to a negotiator and quoting your reference number.

 

If you believe that you are not our customer and have no connection with the above referenced account, please contact us as soon as possible on 020 8313 1122 so that we can ammend our records.

[ICY]

Is there a template letter to fire off back to them, stating i have already informed them its s/b and as such they have no right to send the last letter?

[ICY]

..

[ICY]

bump

[Allwood]

Let them wast their time and postage, leave it and see what will come next, If you want to get rid of them completely send them a CCA letter and see what rubbish they come up with.

 

Make sure you do not sign it though as well as sending it by recorded delivery

they have to prove that you owe this money and they are entitled to collect it. All so say at the top of the letter that you do not acknowledge any debt with them in block capital letters.