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Alex_Delarge V's Thames/Aktiv


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Received First letter from Thames a couple of months ago regarding a debt of less than £500, must be at least 4 years old.

 

I have had 3 more letters since, one offering a 35% reduction, and the latest offering up to 75% off. Based on my experience with the Lowell group I now feel the time is right to fire off a CCA request.

 

I just have a couple of quick questions before it goes in the post (special delivery of course).

 

Are Aktiv Kapital and Thames one in the same, the way Lowell and RED are(it mentions on the letter Thames is a trading name of Aktiv Kapital)?

 

I am going to address it to Thames as they are the ones writing to me, the address I am going to use is the following address rather than the PO BOX.

 

Thames Credit

Wells House

15-17 Elmfield Road

Bromley, Kent

BR1 1LT

 

 

Thanks

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dont think aktivekrap and thames are the same, AK are based in cheshire for a start

 

I have noticed on the letter from Thames it says "THAMES CREDIT A TRADING NAME OF AKTIV KAPITAL (UK) LTD"

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It could be as old as 5 years but no older, think it was a store card and was with GE Money or whatever they were called.

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rather answered your own question then

 

Yes, I noticed this after the original post, it was contained in the micro print, it was so small I almost missed it!

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did you get the CCA request off?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Well, they have been in receipt of my CCA request for 6 working days now, there is still no receipt signature on the Royal Mail website, although it does say it has been delivered.

 

Has anybody had problems with Thames Credit signing for letters sent via Special Delivery?

 

If there is no signature by Monday I will have to call Royal Mail and chase it up.

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Well, they have been in receipt of my CCA request for 6 working days now, there is still no receipt signature on the Royal Mail website, although it does say it has been delivered.

 

Has anybody had problems with Thames Credit signing for letters sent via Special Delivery?

 

If there is no signature by Monday I will have to call Royal Mail and chase it up.

 

Do a print out of the page that confirms delivery. Thats all you need. Thats proof enough without a signature. The person who can read and write was probably off that day and had hidden his crayons.

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Do a print out of the page that confirms delivery. Thats all you need. Thats proof enough without a signature. The person who can read and write was probably off that day and had hidden his crayons.

 

Ha, when it does show it will probably just be an X, I will do as you advise ODC, thanks.

 

BB, yes at least it is showing as delivered, could be worse.

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  • 2 weeks later...

Received a letter from Thames a couple of days ago stating that they have not yet received a response from me. In the second paragraph they go on to say they need me to contact them regarding the issue I have raised (I take it they mean the CCA request).

 

Obviously they have received a response and this is the issue they are refering to, so why say I have not responded to them?

 

I would copy and post the letter but it is so full of cr@p it might break my scanner.

 

The signature for the special delivery has now appeared on the Royal Mail website and the 12 working days from receipt is up tomorrow.

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You'll be able to send them this then Alex !! recorded -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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42man, Now that the 12 days is up I'll send a copy off to them as soon as the next threat-o-gram arrives, which will probably be very soon. Thanks.

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  • 2 weeks later...

And here it is, arrived today. The only reason I can think of as to why they have not sent a copy of my CCA, is because they can't get it, or maybe they are just being awkward.

 

I will send the account in dispute letter 42man posted a couple of posts back from this one.

 

 

Thamescreditarescum.jpg

 

I wonder what the required information is? They mention it twice in the letter but don't actually say what it is, how can I supply it when I don't know what it is.

 

They have my name and address and the £1 fee, they should not need anything else.

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