Thames Credit - help

1fishywishy

My OH received a letter today from Buchananclark+wells which claimed to be a Formal Demand - pursuers Thames Credit Ltd,Creditor classic account credit card MBNA Europe Ltd for almost £8,000:eek: . Neither of us knows anything about this, we have had credit cards in the past but nothing like this amount of money. In 2002 I was declared bankrupt and we had to hand all financial matters to the accountant in bankruptcy, sold our home and business and managed to pay off everything that they said we owed. OH got a new mortgage 3 years ago with no problems and he also got two credit cards about 2 years ago (neither with this company and only about £2,000 credit limits). We have moved house a couple of times since 2002 but the banks have always been notified and this is the first we have heard of this debt at any time.

Do the letters used elsewhere in this forum apply to Scots Law or is there somewhere I can find out? Our village policeman told us just to burn the letter as these companies try it on all the time but I would like to know what to do.

Also, we shared our house with so-called friends from 1999 to 2002 and then found out that they had been stealing from us and we are worried that they have used our identity to get credit but we have no proof of this.

Thanks

rayday2

There is a letter you can send to request a copy of the original signed credit agreement. I don't know the links but someone else will come along and post them.

rog2

First of all, if this 'alleged debt' refers to your pre-bankruptcy period, then there is absolutely NOTHING that BCW can do about it.
You need to establish exactly what this 'alleged debt' is, and you should request a true signed copy of the original CCA (Consumer Credit Agreement) from BCW. They are obliged, by law, to provide this, and there is a template letter that you can use (I will post a link later).
Once you have established whether this is a 'Genuine Debt' or not, then you have several options.
If the 'debt' is a genuine 'pre-bankruptcy' debt, then you should refer it to your 'trustee', who should deal with it.
If, as your post implies, the 'debt' may be a result of fraudulent action by others, then you should seek the advice of CAB or a Solicitor, regardless of whether the debt was incurred pre or post bankruptcy.
I'll edit in the link for the cca letter as soon as I find it.

rog2

Hi again 1fw,

I have been looking specifically for a link to the Consumer Credit Act in Scotland, but have drawn a bit of a blank. However one Government site does say that it is applicable to Scotland and Wales, as well as England.

There is an example of the letter that you need to send them on the following link - it may need some editing to reflect your personal situation, but is an excellent starting point:

http://forums.moneysavingexpert.com/showthread.html?p=5945004&highlight=Consumer+Credit+Agreement#post5945004

I would, however, strongly advise that, before sending the letter, you have a word with Scottish Debtline, who are the Scottish part of CCCS. Their website is:

http://www.scottishdebtline.co.uk

They SHOULD be able to confirm if this letter is okay under Scottish Law, and advise accordingly.

Good luck

1fishywishy

Thank you all for your advice,much appreciated