thames credit help

[bbcoops]

I cca'ed Thames Credit they wrote to say they had not got the agreement and would remove me from there list. So all is not lost Kezza and certainly not worth making yourself ill over.

Hope all works out ok.

[kezza666]

hi what does cca mean

[bbcoops]

Ask them for the original consummer credit agreement.

[diskmandave]

kezza, amend these letters to suit your personal details and send with a £1 p/order by first class signed for, first thing in the morning. Also type on the 1st line, "I do not acknowledge any debt to your company", and don't sign it.

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Also, put the statute barred letter in the same envelope;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162366

 

Along with the telephone harassment letter;

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html#post290644

 

Post back when you have done so and we'll take it from there...

 

We'll get this sorted!

 

Regards, Dave.

[make them aktiv runners]

Kezza, please follow Dave's advice. The new debt is conveniently from the same date and a higher amount, it may well be genuine but it looks very suspicious considering you were going to pay.

[pluribus]

Hi

 

I also received a letter today from Thames Credit stating that my "alleged" debt was not statute barred and the Limitations act was not relevant. Dont worry - I know that is all a complete pile of cr*p.

 

However, upon closer inspection of the letter and the envelope it came in I discovered the letter was dated 28/06/07 (today is 05/07/07) and the envelope is franked second class by their postroom 03/07/07. The letter tells me I can pay a 50% reduced sum as long as they get it by 08/07/07, a Sunday. Given that they should expect 2 working days for the letter to reach me they expect the debt to be paid by the end tomorrow...idiots.

 

I have sent a CCA request to them today. Lets see what that turns up .

 

I am in a very fortunate position of working for the largest finance company in the Middle East and our in house lawyers give free legal counsel and assistance in any matter to the employees. I can guarantee our laywers are better than Thames Credits so bring it on!

 

Ian

[kezza666]

i i have sent off all the relevent letters but i have just read through the limitations act and its got me very worried it says the 6 years starts from the date action could be taken so is this the defult date as they stated

[Curlyben]

The clock for limitations STARTs form the last time you acknowleded the debt, basically when you last made a payment to it, NOT when they entered a default or other information to the CRA's.

 

If you have any other concerns you really should ask, rather than getting all confused and stressed.

WE have a lot of information and experience with dealing with issues like this.

 

Now I hope you have taken onboard ALL the advice and guidance that has been offered ?!

[kezza666]

yes but looking at your template letter for statuet barred it states 6 years from cause of action what is cause of action

[Curlyben]

Acknowledgement of the debt.

Simple really.

[djdave]

Kezza, please please please don't allow yourself to be pressured by a DCA, especially if it's making you ill.

 

They'll try all manner of dirty tricks to make you cough up, including being all fluffy and nice on the phone. The "we're only trying to help you" tactic is one of the most dangerous.

 

Don't pay them anything, no matter how tempting it may seem. If you even give them a quid, the six year clock could get reset and you've lost your advantage.

 

Right now you've got them by the short and curlies. Send them a CCA request (and ensure you include "I do not acknowledge any debt") and soon you'll have them by the balls as well.

[kezza666]

sorry i havnt got back to you lately i have had some severe anxiety attacks and been put on diazapam because of the threats of sending people to my door to collect money that i havnt got im still waiting for replies from mr lunn has i have complained about the way i was threatend but i havnt heard anything else about the second debt exept what i was told over the phone that the last payment was 20/08/00 but he could not see a defult date he would have to ask the company involved for that so he couldnt confirm that the debt is statuet barred or not which is worse because i dont know where i stand and i cant send any letters yet because they have not sent me one yet asking for the money and if i do i will be admiting the debt what should i do i have paid the first debt off but the second is a lot more money that i havnt got £1200 and im worried that they will keep leaving it so they can keep adding to the amount and eventualy ill end up with a £20000 bill

[djdave]

Hi Kezza,

 

Please please don't let these lowlife affect your health, it's simply not worth it. They're in the wrong and chances are they know it.

 

I'll knock up a letter and post it here in a tick.

[djdave]

Try sending something like this:

 

 

By recorded delivery, reference AB 1234 5678 9GB

Dear Sir / Madam,

I write regarding the debt which you allege exists between us. For the avoidance of doubt I do not acknowledge any debt to your company or its clients.

I would remind you that I wrote on XXXXXXX requesting a true copy of the executed agreement which leads you to believe this alleged debt exists. This is my right under section 78 of the Consumer Credit Act 1974, and section 189 of the Act explains your role as the creditor.

You will be aware that you have 12 working days from receipt of this request in which to send the documentation, after which you are in default.

I also require your written confirmation of the last date a payment was made towards this alleged debt. I believe that this may be Statute Barred under the Limitation Act, and would remind you that should this be the case then you are prevented by statute from attempting to collect.

Turning to your threats to send a collection agent to visit me, I remind you that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Take note, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

In future all correspondence must be made in writing only. Any attempts, whether successful or not, to contact me by any other means will be treated as harassment under the Administration of Justice Act and reported to the authorities accordingly.

I trust you will give this matter the attention it deserves, and I look forward to your prompt reply.

[kezza666]

hi they phoned today and said the last payment was 20/08/00 and the defult date is 23/5/2001 but they wont say that the debt is statuet barred or not where do i stand they are just going to say its not statuet barred what do i do next also would they lie about the dates if it was in my favour i keep thinking its some kind of trick or somthing but surely they would lie in there favour i dont know im now taking diazapam because of all the stress

thanks

kezza

[Curlyben]

This debt will become stat barred on 21/08.2007, so about 2 months.

[kezza666]

but the last payment was 21/8/00 not 2001

[Curlyben]

*head desk*

OK ignore that ran out of fingers.

Wellll it IS stat barred then and they can go whistle.

 

Even if they are counting from the default date it is barred

[kezza666]

so if they write back saying that its not stat barred which they normaly do what is my next step i sent your template letter about the six year rule and that its an offence to keep harrasing me but from past experiance do thames credit normaly admit that its stat barred first time or not if not what letter do i write next

thanks

kezza

[Curlyben]

Hmm you have a few options.

1/ short and sweet - Take me to court you bar stewards

2/ CCA them to get the original excuted credit agreement

3/ Full SAR and see exactly when the last payment was.

 

Now if you are 110% sure the debt is stat barred then I'd choose 1/ otherwise if you have any doubt go for 2 and 3.

 

If you have the balls 1 could be a good option as part of the defence would be full disclosure of all documents CCA and statements so 2 and 3 in one hit.

[kezza666]

they have given me the last payment date 20/8/2000 and the defult date 5/2001 and the man i spoke to said there are no ccjs on this account should i belive him if so then it is stat barred could you draft me a copy please of letter 1 im only going on the dates i have been told by them on the phone i have nothing in writing so do you think they are lying but if so what would they gain from teeling me these dates so i know its stat barred

[Curlyben]

Kezza, I wouldn't push them I'd wait for their next move in WRITING.

NO more phone calls at all.

Letters ONLY form now on.

 

You have laready sent them the stat barred letter, so if they continue to demand payment then Trading Standards needs to get involved.

[kezza666]

Hi I Told Thames At 9.30 This Morning That The Banking Onbusman Has Taken Up My Case Which They Have Got A Call From There Manager At 10.15 To Say The Debt Is Now Being Written Off But Im Waiting For Letter That He Said Would Be Sent Out Straight Away He Said Its Better This Way So I Can Get On With My Life And Be Stress Free

Thanks All I Will Let You Know When I Get The Letter

[babybear39]

Fingers and everything else crossed for you kezza666 that the manager is true to his word

[Curlyben]

Nice one Kezzzzza