Another Thames Credit Problem

[PainInTheNeck]

Hi

Can anyone tell me how many years a bank/credit agency can chase you for unpaid debt

 

Just received a letter today from a company asking me to phone them about an agreement number, they do not say who the company is they are working for but they say that they have been trying to contact me at my old address, i have not lived at that address for over 8 years.

 

They say they have "accessed public information in order to ascertian your current address" (why has it taken this long is true)

 

They go onto say that if i do not telephone them within 21 days they will register my name with the Credit Bureaux against the account.

 

I have paid all debts at my old address, so i'm not sure what they want or if i do phone, will they try and dump the debt on me.

 

Regards

[davethorp]

If there has been no payment towards or any other acknowledgement of the debt in 6 years, the debt is statute barred and cannot be enforced. Of course that doesn't stop any debt collectors from trying it on!

 

There is a letter to send for statute barred debts in the debt forums

[PainInTheNeck]

Hi Davethorp

 

Thanks, well i have no idea what they are on about and my last loan and overdraft at the old address was over 10 years ago, and as for as i remember it was paid off, i lived at that address for 2 years before moving, so if any banks had a problem, they had 2 years to contact me.

 

Also why has this agency taken 8 years to find me at my new adress, if they have been checking "public information" they would have found me straight away.

 

Seems a bit strange to me, do you think i should phone them, as i thought it would be illegal to put your name against a agreement without even knowing if i'm the real person they are looking for.

Regards

[alternative-answer]

Hi Davethorp

 

Thanks, well i have no idea what they are on about and my last loan and overdraft at the old address was over 10 years ago, and as for as i remember it was paid off, i lived at that address for 2 years before moving, so if any banks had a problem, they had 2 years to contact me.

 

Also why has this agency taken 8 years to find me at my new adress, if they have been checking "public information" they would have found me straight away.

 

Seems a bit strange to me, do you think i should phone them, as i thought it would be illegal to put your name against a agreement without even knowing if i'm the real person they are looking for.

Regards

Ignore them, they cannot enforce it, they will attempt to scare you into acknowledging the debt and entering into some kind of dialogue about repayment of the debt. Do not agree to any thing, use the suggestion above.

[PainInTheNeck]

Hi

Thanks all for replies

[PainInTheNeck]

Hi All

 

Received a letter this week from Thames Credit, same letter as most people get from them:

 

-----------------------------------

 

re: agreement number 12345678912

 

We have been attempting to contact you at a previous address held, however we have been unsuccessful.

 

We have accessed public information in order to ascertain your current address (as shown on this letter) and believe its is your current address

 

It is important that you now telephone us on the number shown at the top of this letter, as we hold the above agreement at the address shown and we need to explain this in detail to you.

 

If you believe this is not your account then please telephone within 21 days on 0800 xxxxxxx to avoid this account being registered against your name at the Credit Bureaux.

 

We look forward to hearing from you.

 

---------------------------------------------

 

Now i have never had a CCJ or default on my credit file, missed payments here and there over the years but no CCJ or defaults.

 

So after reading other posts about Thames Credit and the fact, they say they have been trying to contact me at my old address where i have not lived for over 10years i have this question:

 

If i just ignore them, could they put a default on my credit file even through they are not 100% sure i'm even the person they are looking for, i think they are just fishing.

 

Or do i send the following letter:

 

-------------------------------------

 

Thames Credit Limited

Wells House

15-17 Elmfield Road

Bromley

Kent

BR1 1LT

 

 

Dear Sir/Madam

 

Agreement number: *********

Ref Number: *********

Letter Ref: **********

 

You have contacted me regarding the account with the above reference number, which you claim is owed by me; I have no recollection of the above agreement number.

 

I would also like to point out that you stated in your letter you have tried to contact me at my old address where I have not lived for ‘many many years’ and you do not mention that address.

 

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 me 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 me to recover the alleged amount for the above agreement number.

 

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 no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

 

---------------------------------------------

 

Should i also state that any attempt to damage my credit rating by applying a default notice will be challanged through the courts or should i just begin court procedures straight away for harassment, as this company seems like ****.

[slick132]

Hi GWP,

 

You've used the Statute Barred template letter above which is not right for this case. Use the "Prove It" letter instead.

 

Dear Sir/Madam

 

Account no:

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[slick132]

Hi GWP,

 

The point here, I believe, is that they've traced you by whatever means in relation to someone else's debt. They're just trying it on.

 

2 threads merged. Please stick to 1 thread per topic, thanks.

[PainInTheNeck]

Hi Slick123

 

Thanks, do you think i should also bill them £30 for sending the letter.

 

Regards

GWP

[slick132]

Yes I do...............

 

But don't !!