HELP! - Re: The 6 year rule....

tinalives

UPDATE

Received a letter this morning (dated 1st Aug) saying that they are 'disappointed that we have not received any response, verbally or in writing' - despite my letter being sent by recorded delivery and having been delivered on the 26th.

They go on to say that if I don't contact them by TELEPHONE in the next 14 days they will either issue county court proceedings against me OR they will refer the matter to their 'Field Agents' who will call at my address to discuss repayment of the debt in person.

I have just sent them ANOTHER letter by recorded delivery saying that I would like to reiterate that I know nothing of the alleged debt and that I wish to see conclusive evidence that the debt is mine. I said that unless they provide this evidence within 28 days of my original request I will regard the matter as closed, and any further contact will be classed as harrassment and the matter will be referred to my solicitor.

I also enclosed a copy of my original letter so as to avoid any 'confusion'

Joe_Bloggs

I've had this Thames Credit problem before. Out of the blue I had a debt that Barclays had sold to them. I had never had any dealings with Barclays. I contacted Barclays and told them of my plight. They confirmed the situation and stated that they would not have sold the debt on even if I did have it. I researched the Thames Credit directors and gave them an earfull via email. One of them was in Switzerland. He was very annoyed .
It is risky for the OP to do anything until the 6 years are up. The collection agency may appear to be deaf as they know they don't have a legal leg to stand on.
J_B. (Mixing body parts, murdering the language).

tinalives

Thanks for that J_B!

I still don't understand how they are allowed to enter a default on my credit file when I'm assuming they have no evidence of the debt being mine??

BWZN93

That is one thing you have to take up with Experian - you can do it online, only they or the company that put the notice there can remove it, Experian request full info from the company concerned to determine whether it should be there. If they state that it is legitmate, then you can add a notice to it, to explain the circs etc, and to have it amended if it was paid etc, to show that the account is settled. The fact that it was registered on your file recently suggests to me that they are trying to strike against you, and I feel it would be worth keeping all documentation and get copies of the signatures for delivery of the letters, so you can prove your end.


Occassionally, people do find things on their credit files which dont belong to them for various reasons, which is why we should always check regularly! Id wait for a response from the collection company before going to experian however, and see what happens with the next 'response'. The dates seem to suggest that letters could have crossed in the post however, and they will send you a resonse to the first, as they recieved it on the 26th, and you got a letter on the 3rd, dated 1st. See what turns up in the next week or so, and if anyone turns up at the door, you dont have to let them in as you are still in discussions via letter whether this is actually yours or not.

It might also be worth contacting Barclays to see if they have any info about you, they might be able to tell you contact dates, account numbers, and other bits and bobs. If you dont want to do that, then just see what the company turns up with - especially given demand for proof within 28days! To me, and to anyone else, 28days is ample time for them to deal with it as it probably would be seen as a reasonable timescale. If they dont come up with anything within that time, speak to experian to have it removed and tell them the recent events, i.e dispute, 28days to prove, nothing back - so remove it!

HTH

Jo xx

tinalives

Thanks again Jo, trhat's really helpful.

x

tinalives

WHAT NOW?


I've just received another letter as follows...

Letter ref: EVID

'In your recent letter you have suggested that the account has nothing to do with you and have requested documentary evidence such as a copy application form.

Under the Data Protection Act, we are unable to disclose personal details. You claim the account is not yours and we wopuld therefore be in breach of the Data Protection Act if we were to disclose any details of this account at this stage.

In order that our Fraud Department can investigate the matter, please forward a copy of an official document which shows your name, date of birth and signature.

On receipt of that we will investigate the matter and revert to you'

zzzLazyDaisy

This is ridiculous! You are entitled to evidence of the alleged debt. To say that they cannot provide it due to Data Protection Act is a nonsense!

I would write back, by recorded delivery, reiterate that you do not accept this debt is owed and state that since they appear to be either unable or unwilling to provide any evidence of the alleged debt, you consider this matter to be closed and no further correspondence will be entered into, unless and until the requested information has been provided by them.

The six year rule is there to provide certainty for both parties. These people have large legal departments and if they cannot get their act together in time to meet the legal deadlines for chasing the debt, that is their problem.

Personally, i would then resist all furher attempts at communication until well after the six year period has passed (just in case they have letters or documents or some other evidence that you are not aware of or have forgotten which shifts the starting point).

PS sorry if I have repeated anything already said - I haven't read all the posts on this thread.

Squiffy

zzzLazyDaisy is spot on.

THEY are the ones claiming the debt is yours. If they are uncertain of your identity, then on what basis can they take you action over it?

It is a complete nonsense.

tinalives

I agree, I think it's completely ridiculous - the Data Protection Act prevents them from sending me evidence of the debt, yet it allows them to enter a default on my credit file??????

tinalives

I'm still a bit unsure as to how best to word my next letter, the one they have just sent has crossed in the post with my last letter saying that unless evidence is provided within 28 days I'll regard the matter as closed etc etc.

Do I just wait for their next response?

I just don't want to end up with collectors on my doorstep.