Credit report and bad debt

Hyp3rion

Hi all,
Yesterday i received a letter from Thames Credit informing me that i have an outstanding debt of over 10k and that they wish to talk with me about setting up a payment plan.
The annoying thing is is that this debt was meant to have been paid by my ex wife, it was a personal arangement we made when we seperated about 6 years ago. Now my ex lives in Spain and i have had no contact with her i am left with this debt to sort out, which in hindsite i wish i never got out in my name.
So i ran a credit report and have some info on the debt and hopefully someone could give me some advice as i am not sure what some things mean?
So it says that the default date is Jan 2003 but it also says date updated 09/2004 what does this mean?
I cannot remember the exact date this loan was taken out but it was certainley more than 6 years ago, does this mean that it is statute barred?
If not should i go the route of requesting the CCA?

Its very frustrating that this has caught up with me as i managed to finally pay off the rest of our debt (24k) at the begining of this year.
Thanks in advance.
Mike

PROLIANT

If the debt is 6 years or older it is statute barred, which means that you don't have to pay it and they can't record bad credit data on your file, check all three of your credit reports and if it is still on contact the CRA and tell them to remove it immediately, do not respond to the debt letter in anyway, just ignore it and get on with your life.

Hyp3rion

Thanks for the reply.
The report i have is from Experian so i need to contact them and ask them to remove it? I am a little worried about ignoring the letter as i do not want any reprocussions by ignoring it, the last thing i need is a knock on the door from someone demanding payment especially as i have worked hard at repaying the debt i previously owed.
I take it that it is 6 years from signing the CCA rather than 6 years from the last default date that determins whether it is statute barred?

pania

hiya hyperion. the debt is statute barred if it is 6 years or more since you HAD CONTACT regarding the debt, If you have spoken to a company within the last 6 years then it will not be statute barred. Definately send a cca request to thames credit (someone will be along with a template shortly) but ensure that it clears states. "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" make that your starting point and take it forom there. kind wishes P
xx

fermi

When was the last payment made on this?

If the default is Jan 2003, then that may suggest that may mean that it is not six years yet. Although the default date is not always a reliable indicator.

The six years runs from when the "cause of action" last accrued.

The original "cause of action" is often taken to be when the first scheduled payment is missed (although there have been legal arguments in court about this).

After that the "cause of action" can only be renewed, starting the clock ticking on the 6 years again, by you acknowledging the debt in WRITING or by making a PAYMENT.

Talking on the phone doesn't count as acknowledgement, and neither does the creditor writing to you.

Have a read through this:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

Hyp3rion

Thanks for the further replies.

I'm really not sure when the last payment to this account was made as the credit report only shows a big red D Jan 2003 but there are no symbols representing earlier dates so it could be that the "cause of action" is greater than six years.

I will write to Thames Credit requesting the CCA and take it from there.

Thanks everyone.

Hyp3rion

Here is an update so far:
I posted the request for the CCA and had the usual reply a few days later asking for me to phone them and on the advise given in other threads i ignored this request.
Since then i have sent them the 12+2 letter and have now received another letter requesting that i phone them, this is how the letter reads

We must now inform you that we are unable to comply with your reqest due to not having the required information to do so.
We would still be happy to assist in your request but need to confirm some information in relation to this account, without this information we are unable to comply.
We would ask that you contact this office without prejudice within seven days in order for us to obtain the required security information.

I am posting this just for peace of mind really, do i still ignore there request for telephone contact? I made it quite clear on my letters that i would only be willing to communicate on this matter in writing but they are insistant on me calling them for "security" information.
What should i do?

fermi

If they don't have the required information to supply you with a copy of the agreement or get it from the original lender, then why on earth were they chasing the debt in the first place?

As usual, looks like the the usual attempt to get you to contact them by phone so they can bully and try to be deceptive in a way that they daren't put into writing.

They don't need security information to comply with your request, and they are legally bound to comply with it whether you supply it or not.

Hyp3rion

Well the 30 days are up and today I have composed the 12+12+30 letter ready for dispatch. Interestingly Thames Credit sent me a letter a couple of weeks ago stating that they are unable to comply with my request as i have not phoned them to provide them with important security information, this is not the first time they have asked me to do this, and they returned my postal order!
I will post up the outcome once i receive correspondence back from them.

Assuming all goes well and they conceed that the debt is unenforcable how do i go about having this removed from my credit report?

Regards
Hyper.

Hyp3rion

Just to let you know, and for information for others, where i am with this one.
Thames credit received and signed for the recorded delivery of the final letter on the 16th Sept but as yet have not replied. Is this usual?
Until they do reply i'm in limbo with what to do next.
I am desperate to get this removed from my credit record as it is preventing me from remortgaging to HSBC which mean I have to stay with the Halifax @ 7.2%, i could save £180 per month if i remortgage!
Anyway appart from that I would not got as far as I have without the help of everyone on the board, so a huge thanks to all.

Mike

Hyp3rion

Still no reply to my final letter, still not sure what to do next.