debt advice

itsnever2lateisit?

chickster wrote: »

is there anyway of me finding if it has been more than 6yrs??
As i'm 99.9% that it has been 6yrs but i cant remeber what i did last week let alone 6yrs ago..

(((((((((((((Hugs)))))))))))))chickster, and stay strong, Thames Credit are trying to bully you to pay up, hoping that you do not know your rights. To be statute barred it is important that you are accurate in knowing when you last made a payment/acknowledged the debt in writing. If your not sure then best to tackle it a different way. The original lender has written this debt off, Thames have bought it from them for a few pence in the pound.

Now, dispite what Thames might claim, it is they who must PROVE to YOU that you owe them the money, rather than for you to prove that you dont.

So your best bet is to ask them. All communication must be in writing, if they phone politely terminate the call.

In writing it is important to start the letter " I do not ackowledge any debt to your Company"

You will need to send them a postal order (not cheque) for £1, this being the statutory fee for requesting the information which is

1. A true copy of the original signed Consumer Credit Agreement
2. A statement of account
3. A true copy of the deed of assignment that proves that Thames have bought the debt.

The letter must be sent recorded delivery, once they have received the letter the debt is in dispute, and they cannot chase you for the time being. They then have 12+2 days to provide you with the requested info.

There is a template letter around this board courtesy of weller:T , and I'll go look for it now.

Chin up, lawfully I doubt you will have to pay a bean, morally, thats up to you

itsnever2lateisit?

Here you go

With thanks to RAS for this

Dear Sirs

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.




BTW do not sign this in your own hand, just print it, it has been known for agreements to turn up on shiney new paper

chickster_2

if i signed up to get my credit file online would it show me on there ?? if its been more than 6yrs?? or would this be a waste of time

i cant be 100% sure its over 6 yrs racking my brains all night over this matter

chickster_2

thanks for eveyones help so far

itsnever2lateisit?

If its over six years, and there is no ccj registered against it, it shouldnt be there.

chickster_2

oooooooooo this all sooo confusing wahhhha wahaaaaaaaaa
lol

MKDon

If you are not sure that the debt is over 6 years old then following "itsnever2lateisit?"s great post will provide a backup option for you.

itsnever2lateisit? wrote: »

They then have 12+2 days to provide you with the requested info.

Just to be precise, it's 12 working days + 2