Thames Credit-Harassment

20Legend_2

Hi All,

First post on here and not sure if this is posted in the correct section. Please advise me if it is not.

My wife had a letter last year in May 2007 from a company called Thames Credit regarding an old Barclaycard debt which to her knowledge had been cleared off in 2000. She has had no contact regarding this since that time. Her credit report was now clear and she has no missed payments late payments or anything of the kind on any of her new debt. However this company has now put a default on her credit file. We tried to ignore them but they keep sending letters.
I am aware through reading this forum that the debt is statute barred although we are certain that it was actually paid back in 2000.
We sent the statute barred letter and received a response back today.
The letter went something along the lines of thanks for your correspondence, you will need to ring us to discuss this further.
What do we do now and what about the entry on the credit file? Is that allowed if the debt is statute barred?

Thanks in advance.

Runnybabbit

Hi, I'd just like to welcome you to the board.
From my personal experience only I would never phone a Debt Collection Agency, just write back saying that you are not contactable by telephone and requesting that they put everything in writing only - good luck, hope it all works out well for you. Babbit

THE_LONE_RANGER_4

do not wring them if you do do not give your number i cant believe they are unable to write they choose not to so can say and agree anything and you have know proof if you have paid then bin it .

Leixlip1

Don't 'phone them, keep a paper trail.The National Debtline site has some good info/sample letters that are worth a look.

20Legend_2

Thanks for the responses so far.

Anyone know what my next step is? After sending the statute barred letter I would have expected that to be the end of it but they are saying ring them up to discuss. I am not going to do that but don't know what to do now. Also bit miffed about my wife's credit report being black marked even though this matter was though to have been sorted back in 2000.

Cheers all!!

20Legend_2

All help appreciated please as really do not know what to do.

Runnybabbit

20Legend wrote: »

All help appreciated please as really do not know what to do.

OK, now's perhaps the time to have a good rummage around to see whether you can find the old paperwork - in the meantime phone one of the FREE Counselling Services, CCCS, CAB etc, they are really good and un-judgemental.
Send a letter back to the company involved, saying you are seeking legal advice and send the letter Recorded Delivery. x

fermi

When is the default dated?

That is the circled bit in the example below, rather than the date the info was last updated.

20Legend_2

Thanks for the response runnybabbit. There is no chance of finding old paperwork for this as we have moved house twice since then and we weren't very good at keeping paperwork. We know for sure that the debt is statute barred so having sent that letter I think they now want us to ring them so they can throw a load of jargon at us.
Anyone got any good followup letters to the statute barred telling them to bog off and also is it legal for them to default the credit file on a statute barred debt.

Thanks again all.

Runnybabbit

20Legend wrote: »

Thanks for the response runnybabbit. There is no chance of finding old paperwork for this as we have moved house twice since then and we weren't very good at keeping paperwork. We know for sure that the debt is statute barred so having sent that letter I think they now want us to ring them so they can throw a load of jargon at us.
Anyone got any good followup letters to the statute barred telling them to bog off and also is it legal for them to default the credit file on a statute barred debt.

Thanks again all.

Don't phone them, write!!! and send recorded delivery.

Can't help you on the letter bit, but maybe FERMI can -she is brilliant!, hopefully she can point you in the right direction for that. Loads of Luck. x

fermi

fermi is a HE.

This has done the trick in the past with other DCA's.

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

On xx/xx/2008 I wrote to Thames Credit regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:

1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

Therefore it is clear that your original contact regarding this debt was in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your second letter is in direct breach of Office of Fair Trading Guideline referred to in item (4) and directly constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has recently stated that:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:

• "trading style" of the Thames/Aktiv Kapital group
• constituent member of the Thames/Aktiv Kapital group
• a third party acting on your behalf
• a third party that claims to have been legally assigned this debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

Finally, as you are no doubt aware, the Information Commissioner considers it "unfair practice" for you to enter a default on a credit reference file when more than six months have passed since the original breakdown of the agreement with the creditor. Therefore the default that you have entered against me is against this guidance and unlawful.

I require you to remove this default immediately.

Failure to do so will result in the matter be reported to Information Commissioner and the other aforementioned bodies. I will also press for prosecution regarding this matter.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.


I would appreciate your due diligence in this matter.