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inmypocketnottheirs

kazza2828 wrote: »

Hi Can anyone please help firstly this is my first time on here so please be patient with me!!!!!
My husband has received three letters chasing a old debt that thames credit are saying they have taken over.... also this has had £10,000 interest added onto this...
They are stating that if he does not phone them they will either take him to court or send a field agent out to our house....
could anyone please advice what the best thing for us to do is.............
many thanks

Follow the advice in this thread by writing to the debt collection agency asking them to prove the debt is your husbands by providing a copy of a signed consumer credit act agreement, a statement of account and a copy of any deed of assignment. Enclose a postal order for the statutory fee of £1.00 Preface your letter with the words 'I do not acknowledge any debt to your company'.

Do not sign the letter (or for this same reason send a cheque for the £1 fee) as these morons can and will scan the signature on to a document to prove a debt falsely.

HTH

kazza2828

Thank you will do that!!!!!!

GeorgeUK

Also what was the debt for and how old is it? If it is not a debt secured against property and no payment has been made towards the debt for 6 years it may be statute barred.

kazza2828

I think the debt is a old credit card! No it is not secured against any property and i dont think we,ve paid anything for 6 six years but im not sure! is there anyway i can find this out????
I can not believe that £10,000 interest has been added on!!!!

rog2

kazza2828 wrote: »

I think the debt is a old credit card! No it is not secured against any property and i dont think we,ve paid anything for 6 six years but im not sure! is there anyway i can find this out????
I can not believe that £10,000 interest has been added on!!!!

I would just send them the statute barred letter - the onus is on them to prove that you have either made any payments, or acknowledged the debt, in writing, over the last six years:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

If, on the other hand, you feel that you may have made a payment within the six year limitation period, then you can always request a true copy of the original consumer credit agreement, without which they are not entitled to pursue you for payment:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

In both cases there are template letters that you can use.

GeorgeUK

You could send a subject access request (SAR) to the original creditor. They will need to provide you with all information they hold on you for the past 6 years including account transaction details. This should show you when the last payment you made was. The SAR costs £10 though.

http://forums.moneysavingexpert.com/showthread.html?p=12547639#post12547639

If you are going to try to claim back bank charges or credit card charges, this is also the letter you would use to get the account information. By not specifying an account, they need to provide all information - you can specify the account if you like though i wouldn't when seeing if it is statute barred incase this is taken as being an acknowledgement of the debt.

Edit: Or you can do as Rog says and save some money

kazza2828

Thank you for your help i have sent the stature barred letter !!!!

Do we sign this letter???????

~Chameleon~

Has anyone actually received a visit from the bailiffs of Debt Managers Ltd?

Due to other stuff going on I never got around to posting the CCA request letter the other week. It's been sat on my desk waiting to get the £1 PO to send with it

Today I've received another letter from them threatening to send in the big boys as I failed to respond to previous letter. Are they likely to actually send them or is it another of their scare tactics to make people pay them?

RAS

Hi

Please type up the exact wording.

Chances are that the word "may" is included?

~Chameleon~

It doesn't use the word "may" so indicates they will send them, however, the second pargraph inviting discount for settlement leaves me thinking they are more concerned at just getting the money by threats

You have failed to respond to our previous communications, therefore our doorstep agents have now been instructed to call at your address to collect the full amount owed.

You have a final opportunity to prevent this happening by simply calling the above phone number. You may even be entitled to a discount of up to 30% (without prejudice) for an immediate settlement.

Failuer to respond to this letter will result in our agent calling.