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    • a CCJ does not 'expire' thus does not need any application to a court to 'extend it'. if a CCJ has not been enforced within 6yrs, then it is very unlikely any court would grant such should the claimant return to court, of which the defendant would be advised -( unless they have moved and not informed the court & the claimant such) .  
    • I contacted them when it happened. The caretaker came over, looked at it, and walked off with the tree chunks of mortar. Next morning, they had a roofer come over and enter our garden to inspect it. Friday they were supposed to speak with a scaffolding company. I had to bring up liability and potentially calling the council to report 'an unsafe structure' before they even got moving. They know all about the wedding, the preparations, our patio contractors etc. but their attitude doesn't instill me with confidence. My fear is it will end up being a legal matter which is why I posted here to hopefully receive some advice. As far as I can see, the roof is in a state of disrepair, even if it's just the mortar breaking lose due to the size and weight of the chunks - and even from ground level it's visibly clear that multiple pieces have fallen over time (though never this size so we haven't been able to identify the issue till now - we thought it was rubble left in the garden by the previous owner). Currently, we can't use 25% of our garden due to the risk of more falling mortar which is more than just an inconvenience, we can't proceed with our contractors, and at worst, it will run up in several thousand of extra expenses for us, if we have to find a wedding venue. Even if they do have it fixed in time, and we have to settle for renting a marquee and floor for the marquee and furniture and whatnot it will be additional costs only due to the neighbour's roof.
    • please create your OWN topic by hitting create or + in the top red banner  
    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
    • I'd get back to them tomorrow, and explain the circumstances, that you have a wedding reception, and just appeal to their better nature. Hopefully they will be able to move sooner rather than later, especially if you go in in person and speak to them, and show them the issue.
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Thames Credit Limited


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Thanks for the quick reply. i don't mean to be thick but just to clarify even if there is a default on my credit file, they cannot pursue this any further the debt is over six years old and there has been no payment made for six years. Also what does ll this stuff about Atkiv kapitol mean??? Thanks and sorry again for being dumb!!

 

Aktiv Kapital own Thames Credit. Default date is irrelevant as 6 years counts from last payment/acknowledgement by you. Do not be embarrassed to speak to your colleagues, they will probably be familiar with these creative letters we all get and would probably come up with similiar replies, or just tell you to ignore them. Thames letters are useful for toilet paper only, pity they print on hard paper!

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going back to original post

We have accessed public information in order to ascertain your current address, (as shown on this letter) and beleive this 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 agrreement at the address shown, and we need to explain this in details to you.

 

If you beleive this is not your account then please telephone within 21 days to avoid this account being registered against your name at the credit bureaux.

therefore, if an innocent person recieved this letter,and thought cheeky blighters i'm not using my usage of phone to call them, therefore this company could registr against the innocent person? omfg, that is so very wrong............the dca or whoever,should make sure it is the person they are looking for.i thought it was up the dca/companies to proof 'debtor' NOT the other way round.

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i'm dealing with o/h's fight against thames/aktiv at the stage where a sent for s.a.r. in july, got letter stating they require his former addresses so they know its his debt, i wrote back stating they bought the debt, they are the ones sending 'pay us now' letters, they are the ones who need to proof this is his debt, not him to do their job for them, after all they are not going to be paying him admin fees. that was early august, still no correspondence from them. maybe i've spoke too soon, postie man aint been yet.lol

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Hi,

 

I have had a reply from Thames after I sent them the stat barred letter which states:

 

 

"we refer to your recorded delivery letter dates 10th Septmber 2007 regarding the above referenced account.

 

Your reference to the Statue if Limitations is not relevant. We do of course fully understand statute but it is very often misinterpreted by debtors and their advisors. We have neither threatened nor suggested litigation, hence it is repeated that reference to the Act is not relevant.

 

There is no legislation that precluseds a creditor from legitimately requesting payment of a debt which remains outstanding and due. Indeed we could argue that any debtor who recognises that such a debt exists has a moral obligation to address his responsibility

 

GE capital has confirmed that there is an outstanding balance owed by you.

 

If it is the case that you have simply overlookes this account becuase of it's age we are prepared to be constructive and apply a significent discount rather than consulting our solicitors about potential further action etc etc etc (is this paragraph not a threat!!)

 

Also in my original letter i requested a copy of their complaints proceudre to which there is no reference in their reply.

 

Any ideas pleas??

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Thanks Curlyben however it would be nice for this to be closed. Should I reply to them stating that threatening me with solicitors is a threat and if they send me any more letters etc I will complain to FOS??? also I am mad that they have not ackowledged my request for their complaints procedure. Is there really nothing they can do??

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Well as they have ignored your letter and just taken the parts they like, you are fully prepared should they try anything else.

I'd leave it and see what happens next.

Should they try anything I'd report them to Trading Standards for starters and possibly the FOS as well.

Be VERY careful whose advice you listen too

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Aktiv this is a request for a copy of their complaints procedure, so they can forget 8 weeks. If they don't have an adequate complaints procedure it questions their fitness to hold a CCL.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Rather slack of them as after 8 weeks you can complain direct to FOS.

 

Aktiv this is a request for a copy of their complaints procedure, so they can forget 8 weeks. If they don't have an adequate complaints procedure it questions their fitness to hold a CCL.

The 8 weeks refers to the length of time they have to investigate your complaint. I would report them directly to FOS to make a complaint about them and copy it to TS

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Hi,

 

I have received another letter from Thames Credit today. I have written them to letters as you can see from the earlier threads advising that the debt is statue barred and then a further one again advising if they continue to press forpayment this is harrassment. On each of the letters I have requested that they note my change of address as they have been writing to my mother is elderly. They have negated to do this and continue to send letters to my mothers address. twice I have asked for a copy of their complaints procedure and they have not acknowledged this. The latest letter I have received states:

 

"further to our telephone call on the *** I am writing to advise you that this debt is not statue barred. Unless you pay by the 26th September we will be consulting our collections team"

 

Firstly after all your good advice i have never had a telephone conversation with them, and secondly it is statue barred. I have never acknowledged the debt in writing, the debt is fro 2001 and the last payment was in april 2001. How can these people just lie?? any suggestions please?

 

Thanks

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As they won't send you a copy of their complaints procedure you can now open a complaint with the FOS.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You have asked these muppets twice for details of their complaints procedure. They are obliged by law to have one. As they have failed to supply you with these details you should now report them directly to the Financial Ombudsmans Service who will charge them £400 to investigate your complaint. They are idiots. I would write them a final letter.

 

Dear Idiots,

 

I have twice asked you for details of you complaints procedure. You have not acknowledged my request.

 

Take note that I will now be reporting the matter to the Financial Ombudsmans Service and Office of Fair Trading with regard to your fitness to hold a licence.

 

As regard your dispute regarding the law on Statute Barred debt I welcome the opportunity to discussing this matter in Court as obviously you do not appear to have a grasp of the relevant law.

 

Please do not correspond with me again other than to issue a court summons as I will not be making any further replies to any correspondence from you.

 

I look forward to any court case you bring as it will be my intention to counterclaim against you with a report to the courts regarding what I feel would be a clear case of Vexatious Litigation on your behalf

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Yeah but you gave a more detailed answer ODC ;)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 4 weeks later...

Hi,

 

Just to keep you updated on this one, as suggested I logged a complaint with the Financial Ombudsman service stating I was being chased for a debt where there had been no activity for six years. They have replied to them and copied me in with the following response:

 

GE capital bank LTD have confirmed the last payment was made to this account on the 18/06/01. The default was recorded with the credit bureaux on the 21/02/02.

 

We have made without prejudice offers and extend this offer for a further 4 weks from this date.

 

Me maintain the default has been registered correctly and look forward to hearing from *** regarding setlement of the account.

 

In line with our complaint procedure this letter constitues the company;s final response. Should *** remain dissatisfied with our final response she may refer her complaint back to the financial ombudsman...

 

Surely if they have sent this to th FSA it must mean I have to pay???

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So they've admitted in writing that the last payment was just over six years ago?

 

They really must brush up on the Limitations Act! Still, nice of them to admit their mistake to the FOS! :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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