Thames Credit Limited

[rombo 69]

hi,

 

I'm wondering if anyone can help me. I got into a few financial troubles back in 2001 but believed i had sorted them all out. My parents received a letter at their address today in my maiden name which read:

 

Dear Madam,

 

RE: Agreement Number ****

 

We have been attempting to contact you at a previous address held, however we have been unsuccessful.

 

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.

 

For a start I have no idea what all this means registering at the credit bureaux???. i telephoned them, and they informed me that this debt relateds back to a GE capital store card which I signed for on the 06.03.2001 and that the debt was £800.00 I know for a fact that I have never spent this much on a store card and asked them if they could give me some details of how this had occured. After much battling I was eventually told that the orignal charge was £300 and the other monies where interest. I had received a letter from another debt collection company Lowell financial services in respect of the same debt and paid it off in full, this is showing on my exquifax credit report. I have not kept the letter confirming this from Lowell. I just don't know where to go from here, I don't mind paying the money if I owe it but I genuinally don't believe I do.

 

Any help would be much appreciated.

 

Thanks

[groovycaz]

Dont contact them, it could be statute barred, i recieved a letter from them about a debt from 1994, they cant enforce a debt older than 6 years old and even better if no contact within 6 years..Gc

[groovycaz]

rombo have a look for ODCs postings and Curleybens, they are up on these type of debt collection companies..Gc

[rombo 69]

I did telephone them and they asked for me to send a copy of my equifax report which I have done. I know there has been no contact from them even if they say there has. Becuase I have written to them does this mean i will have to pay?

[groovycaz]

they cant enforce a debt thats older than 6 years, have you had any contact with them previous to you sending them this information?

[groovycaz]

Also have they got a copy of the original signed credit agreement, you send £1 and ask them for a copy of it, its likely that because of the age of the debt they no longer have it, if thats the case I dont think they can enter anything on your credit file relating to the debt, they have bought the debt from CL finance and the are trying it on, Ive just been down this road, have a look at my thread "Recieved a letter from DCA not sure why" and you will see excellent advise I was given..Best of luck..Gc

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Thames are specialists in chasing Statute Barred debts.

Now if there was no acknowledgement in writing or by payment in OVER 6 years then the debt is Statute Barred.

 

You need to send Thames a letter to that effect and see what happens next, don't worry about the CCA request yet.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

[rombo 69]

Thanks for the advice. I thought I had paid this debt and have sent a letter to the company with a copy of the equifax report showing this, however upon further investigation the account which has been settled was for a different debt. If i send the above letter do you still think this would be okay, or could they use this letter as stating I had acknowledged the debt, even though I though it was for something else.???

[ODC]

Dont worry about Thames. Its up to THEM to prove you have a debt not the other way about. NEVER SPEAK TO THE **** ON THE PHONE

[rombo 69]

Thanks so do you think the debt will still be statutory barred. What do you think I should do to start hte ball roling send a letter? thanks

[Curlyben]

Go with the stat barred letter to start with and see what this shakes loose

[ODC]

Thanks so do you think the debt will still be statutory barred. What do you think I should do to start hte ball roling send a letter? thanks

The debt is almost without doubt statute barred and no amount of weasley words from Thames Credit will change this. Send CBs letter to them and along with it request a copy of their formal complaints procedure. That should wind them up and pay them for their underhanded tactics and crass stupidity

[rombo 69]

thats great, im just concerned that I have un barred it due to writing to them with a copy of my credit report which shows another debt has been cleared. I will try the barred letter and keep you posted. Can I just say as well how great this website is, I am actually a solicitor (in housing law) and was to embarassed to ask any of my colleagues. i think there is a real misinterpretation of how people can end up in debt and i am shocked and disgusted at the way these people operate, i very nearly paid the money!! Surely there must be something more we can do to stop these people. I'll send the letter and keep you posted.

 

Thanks again

xx

[ODC]

Just to keep things very simple - If six years pass without you paying a debt then its Statute Barred (5 years in Scotland). As long as you have made no payments or made any written acknowledgement of the debt wiyhin this time then it cannot be enforced through the courts. The debt may still exist on paper but thats it. A day after the six years you can shout it from the rooftops that you ow the money you can even write letters in the papers to say you owe it but as its STATUTE BARRED there is diddly squat anyone can do about it. The six years starts after the last payment or written acknowledgement you made. It can never be reinstated no matter what jackanory stories or half truths and weasel words the scummy DCAs come up with.

[rombo 69]

Hi,

 

So I sent the stat barred letter after they confirmed on the phone there has been no payment since june 2001 and this is the reply i have received:

 

Dear madam

 

RE: agreement numbr ***

 

We write to advise you that Aktiv Kapital group of companies has bought the interest of GE Capital Bank LTD in the deb that you them under the above agreement.

 

We are acting as collection agent on behalf of aktiv kapital group of companies which is now the legal owner of the outstanding balance on your account.

 

Our records show the total blance outstanding inclusive of all accrued interst amounts to £***

 

You should not send any further payments to GE capital bank and if you have a direct debit or standing order ag=rrangement in favour of GE Capital Bank Ltd that should be cancelled.

 

All future payments should be sent to this company at the address shown. Cheques must be made payable to Thames Credit Limited. If for any reason you are unable to pay the full balanc eimmediately, you should contat us as soon as possible to discuss payment arrangements etc etc

 

This was followed up by a phone call from them stating that the debt is not stat barred as there is a default on my credit file. I have checked my credit file and there is not default showing on there. Any suggestions as to what I should do next?

 

Thanks

[rory32]

Write back to them and ask for a copy of their complaints procedure.

[Curlyben]

Seems that Thames don't own a calander

 

Send them this:

Edit as needed.

Thank you for your letter of DATE, the contents of which have been noted.

 

I refer to my letter of DATE where I told you that this alleged debt is Barred under Statute, a copy of which I have included for your perusal and ease of reference.

Now your contention is contrary to this.

That being the case I would request that you substantiate your claims that this alleged debt is indeed enforceable and not barred by statute.

I am familiar with the Office of Fair Trading Debt Collection Guidance.

Which states that it unfair to mislead debtors as to their rights and obligations, by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

This could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970 and if your demands continue I will be reporting this matter to the relevant authorities.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing

 

 

Yours faithfully,

Of course head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

[rombo 69]

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!!

[ODC]

Once a debt is STATUTE BARRED it remains so. No weasley words from these muppets can alter that FACT. The SB date relates to 6 years from the last payment or written acknowledgement of the alleged debt by you and not the date of any default. As usual Thames are talking sh!te. Keep their letter for a complaint as its a blatant lie

[rameses_qc]

Thames Credit, contrary to what their managing director asserted some while back, are obviously liars. It makes no difference how many defaults they put (unlawfully) on your file, once it's Barred by the Limitation Act 1980, it's barred. It matters not how many times they write to you, telephone you, or visit you. YOU have to acknowledge the debt.This appalling outfit should lose their licence, and quickly

[rombo 69]

Thanks for the advice i'll go with curlybens letter and keep you posted!!

[groovycaz]

Hi Rombo,

after I wrote a similar letter to them on 22 August, I recieved a similar reply,they claimed that they were the legal owner of a debt I cant remember, they havent come up with a copy of the original signed CCA which they had 12 days to comply, and ive heard nothing since, im keeping an eye on my credit file just in case they put something on there..Gc

[ODC]

Hi Rombo,

after I wrote a similar letter to them on 22 August, I recieved a similar reply,they claimed that they were the legal owner of a debt I cant remember, they havent come up with a copy of the original signed CCA which they had 12 days to comply, and ive heard nothing since, im keeping an eye on my credit file just in case they put something on there..Gc

probably the usual sh!te We have the rights but not the responsibilites ploy. S 189 of the CCA says different

[Curlyben]

Oh I like s189

Hey if they want to play stupid games with semantics than we can play too.

[ODC]

Oh I like s189

Hey if they want to play stupid games with semantics than we can play too.

No doubt my simian pal you have a s189 BOG OFF letter already prepared