thames credit help

[kezza666]

hi i have just recived a letter from thames credit stating that i owe £438

first of all the debt is over 6 years old and the last payment wAS 8/8/2000

i have sent them a letter stating that the debt is statued barred but they have come back saying the defult was not put on the account untill march 2002 so it is not statuet barred and that it is still showing on my credit file which i know it is not because i have just seen the credit file and there is nothing on there what i need to know is when does the 6 year rule start is it from last payment date or defult date and also does it matter that i moved address without telling them i know it was stupid and wrong but i was young and stupid at the time and it has been on my mind for the past 7 years but it got out of hand.

thanks

kezza

[Curlyben]

The time starts from the last payment/acknowledgement, not from when the default was entered on your file.

[kezza666]

thanks for this why then are thames credit saying it starts from defult date i have argued this with them but they are now threataning to send people to my door

[Curlyben]

They are trying to get you to pay, so they'll say ANYTHING.

They wont be sending some one to see you, this is another well known DCA tactic.

I've wasted so much tea nad cake waiting for them to arrive that I have given up.

All I need is Saturday and Sunday and I'll have a full set of "We'll be calling" cards

[kezza666]

thanks i feel a lot less stressed out now

[Curlyben]

Also NEVER talk to them on the phone as they will continue with this fallacy.

[kezza666]

i have stupidly addmited the debt over the phone they got me in such a panic where do i stand now

[Curlyben]

Well I'd CCA the "nice people" and make them PROVE the debt is legal and collectable.

 

Use letter N here : http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

If you haven't already I would dispute the age of this debt with letter M from the same link.

Make sure you start either of them,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY, should make it nice a clear for them.

[kezza666]

thank you i can rest easy but i would like to point out that one of the people i spoke to was very nice and helpful his name was yemi im not sure i spelt it right but he agreed with me so there are some nice debt collecters but the other person i spoke to was the nasty and very threating i better not put his name down in case i get into trouble

thanks

kezza

[Curlyben]

True there are some good people that work for DCA's, but on the whole they aren't.

[rameses_qc]

Thames Credit are liars and they will try to tell you any old rubbish to get you to pay. They threaten bankruptcy, CCJ and anything they can think of.If the last payment/acknowledgement was over 6 years ago, they CANNOT do ANYTHINGI would contact Mr Philip Malcolm Lunn (the Managing Director) and tell him what lies his staff are telling. he always says the company and its employees stick to the rules. Let him know that they do not

[babybear39]

Hi kezza666 ,

 

Don't worry about the phonecall because they don't record the nasty ones even if they say they do

 

Otherwise they'd have to supply every single recording of thier bullying, lying etc. tactics if you SAR'd them

 

Good luck and best wishes,

 

BB

[kezza666]

how do i get mr lunns address

[kezza666]

they have agreed that if i pay £130 by 20th of this month they will drop it so im going to pay this because this situation has made me very ill i suffer with epilepsy and i have had 2 massive fits this week due to the stress but i am going to write to the csa and aktiv group are investgating the matter they seem to be taking it very seriously

[make them aktiv runners]

Instead of paying something you are not legally obliged to, take the correspondence to Trading Standards or Citizens Advice and let them deal with it for you.

[kezza666]

please help now im in real trouble they have just put a defult notice on my credit file im worried that my overdraft will now be canceled i feel sick

[kezza666]

i need help they have just found another one £1200 yemi at thames credit said the last payment was 20/08/00 but he cant find the defult date how late can they put a defult on my file

[diskmandave]

i have stupidly addmited the debt over the phone they got me in such a panic where do i stand now

 

For the purpose of the Limitation Act 1980 an acknowledgement of a debt would have to be in writing and signed by the debtor. Over the 'phone means diddley squat!

 

Also, is this a new default or an updated default?

 

Regards, Dave.

[kezza666]

im not sure its dated march 2002 but it has never been on there before

[diskmandave]

Instead of paying something you are not legally obliged to, take the correspondence to Trading Standards or Citizens Advice and let them deal with it for you.

 

Yup... Time to start taking the bull by the horns.. Local Trading Standards office can be found here;

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[kezza666]

what do i tell them

[Curlyben]

Kezza, calm down, it's NOT all doom and gloom.

Now this "new debt" you say that the last payment was 8/00 and the default is dated 3/02, well if that's the case it is well and truely statute barred and they can do NOTHING about it at all.

 

Once start barred, it CANNOT become unbarred ever !!!

 

Now I'd CCA this "new"debt" to see what's going on.

obviously use the normal, I DON'T ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" line.

 

Now if, as you suspect, this is stat barred then the default MUST be removed asthey are breaking DPA.

[kezza666]

ok thanks i havnt actualy recived a letter about the second debt yet yemmi a nice man at thames credit said it has not been activated yet and it probebly wouldnt but should i belive him or not

[diskmandave]

I'm sorry, i've just seen the bit about your epilepsy, I hope you're o.k. ?

 

Basically tell them everything you've told us and whatever more there is. In that they're a) chasing a statute barred debt that you've informed them of, and b) that their actions are causing you ill health.

 

a) Is in breach of the OFT guidelines on debt collection 2.14(b)

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

b) Their actions are now considered as harassment under the Administration of Justice Act 1970; Section 40(a)

Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

 

Good luck, Dave.

[Curlyben]

Kezza, DCA's on the whole are NOT nice people.

They feed on the misfourtune and misery of others.

 

From now on everything MUST be in writing, no more phone calls.