Thames Credit/ Wescot

[brussels1]

I was contacted by Thames Credit regarding a credit card deby from 1997 which is in my name but linked to an address where my brother lived around this time.

 

I can only assume that he took out a credit card in my name - which he denies.

 

However, I written to Thames Cedit explaining the situation and asked them for proof that they have bought the debt and the original credit agreemnet so that I could check signatures. Thames replied stating that I will hear no more from them about the debt.

 

two months later I have recieved a letter from Wescot stating that I owe them the money. I will send Wescot a copy of the letter, but in any case is the debt statute barred or is there anything I can do to get them off my back as the debt is not mine?

 

Many thanks for any assistance.

[spamheed]

A debt is deemed to be statute barred if there has been no written acknowledgement or payment made against the debt for a period of at least six year.

 

If this is the case, send them the statute barred letter, and make it plain that you have no intention of making any payment against the debt.

[ODC]

The debt would be statute barred if there had been no payments or written acknowledgement of the debt for a period of 6 years (5 in Scotland).

 

You may find it simpler to CCA Westcot

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner

Letter N.

Is it important to start the letter:

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

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

 

I suggest a CCA so as you can try to get a copy of the alleged agreement to check the signature in case there is a case of FRAUD