Thesis Servicing help! what next?

[Taddy3]

Hi

 

I had a couple of phone calls from Thesis Servicing at my work, I never gave permission for this so after seeking advice from these excellent boards and the National Debt Helpline I wrote to them saying I need more info about what they are asking me to pay and not to ring me at work or I will report them and gave them my address stating I would only deal in writing. Is email constituted as ‘in writing’ by the way it would be much easier to deal this way and quicker?

 

Turns out it’s my student loan, taken out before I graduated in September 1996, I’ve worked out this is an old style loan. It has had interest of over £2000 put on it from missed payments and arrears. Bascially it’s one of those things you forget about (wish I hadn’t as I am now married with 3 kids under 5 and both me and my husband work part time to look after them, money is so tight and I feel like I am letting my kids down and Mums should be responsible and I feel I’ve not been) and I moved house in July 2004 (over 5 years ago) and forgot to inform them, things moved on and I heard nothing until now when the loan was bought by Thesis.

 

What I want to know is they now sent me an email (I emailed them to ask for more details, National Debt Helpline said hiding only makes things worse) saying how much they say I need to pay back but no further details such as dates of the loan just how much monthly payments would be about £80 as there is no way I can afford that. I guess they would set up a payment plan for less but I am not being tricked in to paying something I needn’t.

 

Thought I would send a statute barred letter but isn’t that like admitting the loan outstanding is mine. (I am in Scotland) It is mine and of course I would like to sort out my debts and be responsible but I would rather spend the few pounds I have left every month on food for my kids rather than give it to greedy debt collectors. I have the statute barred letter ready to send out should I or try and get dates from them first of when borrowed etc?

 

To make it worse I got another one yesterday from an old 3G account from about 5 years ago, that one I know is not mine as it was closed and dealt with years ago.

These letters have ruined my Christmas as you just don’t know what they’ll do next.

[cerberusalert]

As your in Scotland, if you have not made any payment or written acknowledgement i.e deferment for a clear period of five years it will be Statute Barred & you should send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

[dx100uk]

seems like you've gotten on a phishing list somehow

 

pers. i'd totally igonre all of them

 

dx

[teaboy2]

Firstly do not get worried and worked up over this. You are right that both would be statuted barred with so long as no payments have been made to towards the debts within the last 5 years (6 years if in England, Wales or Ireland). Basically they can no longer goto court in order to enforce the debt, nor can thay place any notes or marks such as defaults on your credit file (best get a copy of it though and check to make sure they haven't as if they have theyd be in big trouble for it). So yes best thing to do would be to send the statued barred letter for the student loan one. With regards to the 3G one, well as you said its not your debt so send the do not acknowledge letter stating that even if it was your debt, which it is not, your last dealings with 3G was over 5 years ago and you had fully paid up.

 

Regarding emails yes they are classed as the same as a written letter. However i would adise that you state at the bottom of each letter that all emails sent are recorded by electronic reciept when opened by the recipent, such receipts are kept for legal purposes as prove of delievery. So basically when you send them an email before sending it you should select the request reciept option that is available under the tools menu on windows mail or similar programes. that way once the email is opened you will receive an email informing you that the email has been read and should therefore save such all such emails as prove they recieved the email. also save a copy of the email they sent you too including their auto responses.

 

If they fail to complie with your request to contact you in writing only then email the chancers (because thats what they are when chasing debts that can not be enforced) the following letter.

 

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

Never sign any letters by pen always sign using a computer font such as edwardian script font in microsoft office. Signing by hand will enable them to lift your signiture and place it on any documents thay have in which your siginiture maybe required in order to prove the debt or prove an agreement between you and them was in place. Dont forget they are vultures that are after money and as the saying goes people will do anything for money!

 

I would send the following do not acknowlegde/Prove it letter to the company chasing the 3G debt. As they would then have to prove to you that the debt really is yours, once they send you a response simply let us know what the response was here and we can go from there and basically tell them to go jump. becuase with it also being statued barred regardless of if it is your debt or not they also can not place any notes, marks or do anything to effect your credit file.

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND 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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

[Taddy3]

Hi All

 

Thank you so much for your replies. It seems this is so much hassle and would be easier to ignore it all but something tells me it will not go away and rear it's ugly head somewhere down the line. A friend had phone calls like this too and told me he rang them to say the debt is not his, he said he no longer gets calls about it and thinks it is dealt with...I beg to differ judging by what I've read.

 

Anyway I sent the statute barred letter to Thesis, second class recorded, didn't want to waste first class on them and will send the other letter to 3G. It's all gone a bit too quiet which I find more worrying,bit they'll hit me with something on Xmas Eve. Anyway feels good to have answered them and will see what happens.

 

I wish I knew all this when a few years ago my husband was hit with a few grand bill from a debt collector, we hastily paid it in full as we were scared. We put it on a credit card which we now pay £100 a month for, minimum payment so never going down and I bet looking back that was statute barred and that company is rubbing it's hands together....

 

New years's resolution is to totally sort out all our debts and outgoings and try not to worry so much and enjoy our family while they are still young.

 

Thank you again people like you are so kind to help others once this is over I intend to do the same. I will post back here what they send me back.

[angry cat]

Thesis Servicing is a trading name of the DCA: Link Financial Limited!

[Taddy3]

Thanks angrycat. I did a bit of reading on them and saw that. Link seem to be a bit nasty whereas the email and letter I've had from Thesis have been surprisingly nice. Am wondering if it always starts off like this in the hope the customer pays up and when the customer objects letters get a bit nastier.

 

The letter I got from Lowell/Mackenzie Hall about a much lower 'so called debt' which I have no idea about at all as as far as I was concerned the 3G debt in question was fully paid up. It's only for £42 but that's not the point it's £42 I don't have and certainly don't owe. I can't believe what they wrote on it something like 'it is your debt and you need to take responsibility for it running away from it will not solve anything', something like that anyway and I thought how dare they say something like that, I am am intelligent mum of 3 managing very well and how can I run away from a debt I know nothing about...wait and see what they think about my no idea about this debt letter. It seems sad that I think just giving them the £42 and having done with it could stop all this stress and time spent dealing with it, that's what they want I guess and I will not give in.

[dx100uk]

pers i'd ignore the lot.

 

you need to bear-in-mind DCA's have NO LEGAL POWERS.

 

they can send as many threat-o-grams as they like

but if you look closely, they will be littered with the words:

 

if, could, might, possibly, maybe, etc etc

 

idle threads designed to make you contact them and fleece you.

 

dx

[Taddy3]

Is this the end of it then?

Got a letter back from my stat barred letter last week. It says

"We note your request for your above referenced loan account to be actioned under the limitation act 1973. We acknowledge this request and can confirm that we have blocked all future correspondance except where legally required (when might this be then??) and your telephone number has been removed from our system (they had my work one)Furthermore I can confirm we will not seek court action in order to recover the balance due.

However because the loan was migrated to us as live and collectable we may register your details with UK credit reference agencies....

 

If you have any queries ...blah blah."

 

So is this the end of it?

 

I am waiting with baited breath for your replies as I daren't celebrate yet!

 

Thanks

[cerberusalert]

However because the loan was migrated to us as live and collectable we may register your details with UK credit reference agencies....

Once a debt is Statute Barred they cannot register anything on your credit file. If they do make a complaint to the ICO, also you can sue them.

[dx100uk]

what is going on here is the typical phishing list - pass the parcel.

 

the list is fwded around, and no matter what you write to them about, they will not put on the list, this one is statute barred, this one has no cca etcetc

else if they do...the next leeacher will not buy the list at all

 

just ignore everything

dx

[Bazooka Boo]

Oooh, yes! £1000 is/was the going rate for incorrect entries placed on your credit file. Nice little Christmas bonus!

 

As for Lowlifes and the now infamous 3G 'fabricated' debts, they tried this on a few months back with a family member but it was only for £19, and they were just going to pay it and be done with it. Turns out that there were hundreds of 'alleged' debtors owing this amount or similar to 3G which lowlifes were chasing on behalf of.

 

When they were investigated (BBC Watchdog) the 'alleged' debts were dropped, and various apologies given.

 

So that said "DO NOT PAY THEM A SINGLE PENNY"

BBC - Watchdog: Lowell - chasing debts

 

Send them the Prove it letter by all means, and then firmy ignore their errant ramblings on, and if your credit file is of any importance to you, keep an eye on that, and any 'searches' or defaults lowlifes do or place on their, complain to the ICO and the Credit Reference Agencies, who are just as bad as the DCA's and need reigning in aswell.

 

Boo;)

[angry cat]

Is this the end of it then?

Got a letter back from my stat barred letter last week. It says

"We note your request for your above referenced loan account to be actioned under the limitation act 1973. We acknowledge this request and can confirm that we have blocked all future correspondance except where legally required (when might this be then??) and your telephone number has been removed from our system (they had my work one)Furthermore I can confirm we will not seek court action in order to recover the balance due.

However because the loan was migrated to us as live and collectable we may register your details with UK credit reference agencies....

 

If you have any queries ...blah blah."

 

So is this the end of it?

 

I am waiting with baited breath for your replies as I daren't celebrate yet!

 

Thanks

 

Clearly, Link Financial/Thesis Servicing are somewhat behind the times.

 

It is the Limitation Act 1980!

[cerberusalert]

Clearly, Link Financial/Thesis Servicing are somewhat behind the times.

 

It is the Limitation Act 1980!

 

It's the The Prescription and Limitation (Scotland) Act 1973