old debt need your help

[dunin]

november last year thames credit phoned me about a debt from about 10 years ago because i owned up i have paid £70 per month the last payment is this month now he says there is another from the same time he agreed it was 10 years ago as i told him i would be seeking legal advice he is not the person dealing with the other debt however he asked me the name of the website i was using and told me to get back in touch. i have not received any letter or proof when the account defaulted what should i do

 

RE ABOVE

The last 3 days this company has rang me 2& 3 times a day leaving voice mail to contact them about the £70 outstanding should i ignore them and wait for them to write to me ?

im worried that they discounted the amount i owed and if i default i will have to pay the discount too

 

i have checked my credit report ..no sign of them...i also checked address history and the last known address they had was 2002

Edited May 30, 2009 by dunin
MORE ADVICE ON THIS SUBJECT

[diamondgirl]

Have you paid anything on this other account in the last 6 years? Statute barred is why I ask.

DG

[madasamuppet]

If you are certain that it has been 10 years then if they do send you any letters send them a letter stating it is statute barred and to go forth. Do not talk to them on the phone ever. They will try to tell you allsort of lies. Once a debt has become SB after 6 years it cannot become unstatue barred. The debt you are paying now is SB and as such you would be within your rights to withold any payments you feel are left. Just because you started paying after the ten years dosesn't make a difference it was SB before you started paying. Please don't let them con you into paying this new debt and getting money they have no right to.

[postggj]

If You Can Confirm Its Been Over Six Years Since Any Payment Or Acknowlegement In Writing, Thames Credit Can Freck Off,

Send Them A Statute Barred Letter In The Templates Section.

 

They Will Come Back With Some Crap Like You Made A Payment So It Restarts The Limitations Clock, Pure Crap, Once Statute Barred, Thats It.

 

Dont Pay A Single Penny

Cancel Any Dd And Cancel Your Debit Card If They Have The Number

[dunin]

Have you paid anything on this other account in the last 6 years? Statute barred is why I ask.

DG

hello diamond girl..no i have not. i mentioned to "harry" the 6 year thing and that i should have got legal advice about paying the current one

[dunin]

If You Can Confirm Its Been Over Six Years Since Any Payment Or Acknowlegement In Writing, Thames Credit Can Freck Off,

Send Them A Statute Barred Letter In The Templates Section.

 

They Will Come Back With Some Crap Like You Made A Payment So It Restarts The Limitations Clock, Pure Crap, Once Statute Barred, Thats It.

 

Dont Pay A Single Penny

Cancel Any Dd And Cancel Your Debit Card If They Have The Number

you really are a diamond girl thanks for your help

they do have my card details to take the present £70 payment i agreed to pay i only need topay 1 last payment then can i ask the bank for a new card?

[dunin]

If you are certain that it has been 10 years then if they do send you any letters send them a letter stating it is statute barred and to go forth. Do not talk to them on the phone ever. They will try to tell you allsort of lies. Once a debt has become SB after 6 years it cannot become unstatue barred. The debt you are paying now is SB and as such you would be within your rights to withold any payments you feel are left. Just because you started paying after the ten years dosesn't make a difference it was SB before you started paying. Please don't let them con you into paying this new debt and getting money they have no right to.

Thankyou for that info im not really sure when i defaulted he quoted my previous adress which was 2003 when i left. how can i find out

[postggj]

Dunlin

 

If You Have No Skeletons Ref Old Debts, Do The Free Credit Check And Cancel After 30 Days

 

I Wonder If Any Record Of The Account Is On The Credit File

 

If Not

 

By By Thames

 

JUST TELL YOUR BANK YOU HAD A VIRUS ON YOUR COMPUTER AND REQUEST A NEW CARD

[dunin]

you really are a diamond girl thanks for your help

they do have my card details to take the present £70 payment i agreed to pay i only need topay 1 last payment then can i ask the bank for a new card?

my appologies i'm new 1st time on and i didnt realise i had a second reply

well it made me laugh at myself hope it did you too

thanks again

[42man]

If Thames Credit are chasing you then it is 99% likely to be statute barred...so if you haven't made a payment for 6 years OR if there is a 6 year gap in the life o fthe debt where you have not made a payment then it will be statute barred....send this letter recorded - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

[dunin]

Dunlin

 

If You Have No Skeletons Ref Old Debts, Do The Free Credit Check And Cancel After 30 Days

 

I Wonder If Any Record Of The Account Is On The Credit File

 

If Not

 

By By Thames

 

JUST TELL YOUR BANK YOU HAD A VIRUS ON YOUR COMPUTER AND REQUEST A NEW CARD

i have credit expert on trial i have one default but satisfied as i paid my daughters fone bill for her to clear my name

there is no mention of any thing else

does that mean they cant touch me?

and what about the one i stupidly have paid they want £70 28th may

[42man]

Send the letter above.....and if it was me I wouldn't pay them !!! cancel the card and get another.....

[postggj]

send the statute barred template letter

dont pay the 70 quid

change your debit card asap

 

it seems you are in the clear

 

its up to thames credit to proove its not statute barred

 

send recorded delievery

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

[dunin]

If Thames Credit are chasing you then it is 99% likely to be statute barred...so if you haven't made a payment for 6 years OR if there is a 6 year gap in the life o fthe debt where you have not made a payment then it will be statute barred....send this letter recorded - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

im so sorry please excuse me i dont know how to link a thread as yet

[dunin]

send the statute barred template letter

dont pay the 70 quid

change your debit card asap

 

it seems you are in the clear

 

its up to thames credit to proove its not statute barred

 

send recorded delievery

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred.html

thankyou so much for all your help

[Bazooka Boo]

I would stronlgy urge you to contact the National Debtline 0808 808 4000

IMHO and from talking with them, regardless of how old a debt is, does not mean that they cannot chase you for payment, it would be up to you to send them the Statute Barred letter and then if they persist in further harassment for payment, they are then committing various offences.

 

 

The Limitation Act 1980 sets out the rules on how long a creditor has to take action against you to recover a debt i.e. take you to court. The time limits are different depending on the type of debt that you have.

 

Unsecured credit debts

 

This would include credit cards, store cards, bank and building society personal loans, catalogues, finance company loans etc. You may have had a debt with an ordinary unsecured creditor that you have not heard about for a very long time. You may have moved address or thought the debt had been written off.

Out of the blue a letter arrives from the original creditor or debt collection agency asking you to make a payment.

You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt if:

 

• the creditor has not already obtained a judgment against you;
  

and

 

• you or anyone else owing the money (if your debt is in joint names) have not made a payment on the debt during the last six years;
  

and

 

• you have not written to the creditor admitting you owe the debt during the last six years.
  

You are entitled to a copy of any files the creditor has containing the history of your account under the Data Protection Act 1988. A request for the file would not mean you were admitting the debt.

 

REMEMBER

If the creditor can prove you wrote to them admitting the debt, or you or anyone else owing the debt made a payment, then the six year limitation period would start running from the date you last made contact or made a payment.

ADVICE

If you have started to make payments on a debt where there was more than a six-year gap then it is probably unenforceable.

 

But you should ring them and explain your circumstances and they will happily advise as to the best course of action.

[Bazooka Boo]

OK, the debt is ten years old or thereabouts, when they initially approached you asking for payment, they would have been fully aware of the legalities surrounding Statute Barred (SB) debts, and they only approached you for payment in the hope that you were not aware of your rights.

 

You paid them an amount of money, this will not nor can it ever restart the clock again and they know this:-x

 

If they are harassing you over the phone send them the telephone harassment letter. By recorded delivery.

 

This is the letter to send them to tell them to play on the motorway because the debt is statute barred.

 

Once they have received the statute barred letter, they are unable to legally chase you for it, put simply, they cannot file for a CCJ.

However one point to remember is that every time the debt is sold on to another DCA they can and often will ask you for payment and place a mark on your credit file to the fact that you owe them money.

There is nothing illegal about them doing this, with regards to your credit file, as factually the information is correct, however they are not allowed to harass you for payment on a SB debt, if they do then lodge a complaint with the OFT , can't find the correct link for their complaints at the min, I'm sure someone else will have it?

[dunin]

OK, the debt is ten years old or thereabouts, when they initially approached you asking for payment, they would have been fully aware of the legalities surrounding Statute Barred (SB) debts, and they only approached you for payment in the hope that you were not aware of your rights.

 

You paid them an amount of money, this will not nor can it ever restart the clock again and they know this:-x

 

If they are harassing you over the phone send them the telephone harassment letter. By recorded delivery.

 

This is the letter to send them to tell them to play on the motorway because the debt is statute barred.

 

Once they have received the statute barred letter, they are unable to legally chase you for it, put simply, they cannot file for a CCJ.

However one point to remember is that every time the debt is sold on to another DCA they can and often will ask you for payment and place a mark on your credit file to the fact that you owe them money.

There is nothing illegal about them doing this, with regards to your credit file, as factually the information is correct, however they are not allowed to harass you for payment on a SB debt, if they do then lodge a complaint with the OFT , can't find the correct link for their complaints at the min, I'm sure someone else will have it?

thanks for that bazooka boo

[Bazooka Boo]

No worries, if you still need any help, just shout!

[MK_One]

Unless I have missed something whilst reading, this debt should NOT appear on your credit file. Defaults should be removed from your credit file 6 years after they start even if it has not been satisfied. DCAs may like to argue otherwise but I have been told this by an IFA and Experian themselves.

[dunin]

No worries, if you still need any help, just shout!

Hi again re old debt need your help the second debt has been sold to mackenzie bell who are now chasing for payment of £297 owed to shop direct. they claim they obtained my address through a financial link to previous address by a credit reference agency. They have sent a FAILURE TO RESPOND- NOTICE giving me a payment deadline NOON 18TH SEPT. I am sending statute barred letter by recorded delivery but do i type my name at the end and not sign ?

[dunin]

No worries, if you still need any help, just shout!

Hi BB can u help with my post above please

Edited September 16, 2009 by dunin
above not below

[postggj]

print your name

 

never sign

[Bazooka Boo]

Yes as ^above^

 

Sorry been busy today.. Cheers Posty;)