My Mate V Thames Credit Limited

[N.P]

Hi boys and girls,

 

Here we go again, this time it`s for a work mate of mine.

 

Basically it goes like this.

 

He said he has an oldish alleged debt of around £280 for a Burtons Store Card. He hasn`t paid anything on this for around 2-3 years.

 

Now, he`s been getting letters from Thames Credit delivered to his old address (his mother`s) for around 4 months and now they are actually writing to him at his new address which he only moved to this weekend. Last night, and today at work they even rang his mobile phone to make contact. How the hell they got this I don`t know.

 

The only thing I can think of is because he got a new mobile contract with `3` around 4 months ago, and I think they must have updated his Credit Reference details and it was flagged up for collection, or something like that. That`s all I can think of.

 

Anyway, I`ve advised him to do everything in writing and tell these knob splats where to go when they ring him.

 

They thing is, their letter states if he contqcts them to arrange payment they will offer upto 35% discount on the debt, payable by 3 monthy installments. They also threaten to send around the heavy field agents mob, heh heh.

 

To me, the letter is worded like they don`t really know what they are doing and may just be trying to bluff him into paying something.

 

I`m in the process of printing out a CCA request, but was wondering if anyone has any cool worded letters regarding the telephone calls and threats of door step visits?

 

They also stated he has another chance to pay up as the account is being prepared for dispatch to their solicitors or field agents, heh heh. Don`t you just love their choice of words?

 

Anyway, I look forward to hearing from someone soon.

 

Regards

 

 

N.P

[pt2537]

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

 

 

 

 

hows that?

[sillygirl1]

That's probably the answer, there is an 'unholy alliance' between DCAs (debt collecting agencies) and CRAs (Credit Reference agencies), that's why they like YOU to check your record every three months.....

 

Send Thames Credit a CCA letter and see what happens, that should stop them in their tracks.

[N.P]

hi there,

 

Thanks for the posts pt2537 and sillygirl1,

 

I thought that could be how they have his new details, although getting hold of his mobile number is VERY sneaky to say the least.

 

Thanks for the letters pt2537. I`ve seen that one on here before, I just wasn`t sure who had it, probably everyone but myself by now.

 

I`ll keep you posted.

 

Thanks again

 

Regards

 

 

N.P

[N.P]

Hi again all,

 

Just a little update.

 

He said a couple of nights ago they rang his mobile and his girl friend answered. They said they need to speak to him regarding a debt and that he need`s to contact them to discuss a payment plan. She said they should speak to him then she hung up. Isn`t that a breach of the Data Protection Act?

 

Also, the Royal Mail confirms a signed delivery of the CCA request this morning.

 

I`ll keep you updated.

 

Thanks.

 

Regards

 

 

N.P

[pt2537]

Ummmmmmm

 

 

Just a little breach of data protection

 

complaint to the ico i think

[N.P]

Hi,

 

Thanks for that pt2537.

 

Would it be best for him to write or telephone them?

 

What is the address and phone number?

 

Thanks again.

 

Regards

 

 

N.P

[pt2537]

Hi NP

 

https://www.ico.gov.uk/Global/contact_us.aspx thats the contact page

 

heres the main page for the ICO

 

Information Commissioner's Office - ICO

 

 

there is a complain form on there that your mate can download, or he can phone and speak to them and they will send the form through the post

[ThisVeryMoment]

Why not advise 'your mate' to pay his debt off? He owes it and has had '2-3' years of not making payments.

 

I am amazed everyone here is encouraging debt avoidance!!! People like him put interest rates up.

[N.P]

Hi people,

 

We have an Update!

 

He received the following letter a few days ago.

 

 

Agreement Number: Whatever

Outstanding Balance: Whatever

We refer to your recorded delivery letter regarding the above referenced account.

You requested copy documents citing the Consumer Credit Act 1974.

We are not the original creditor. We did not provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance. We did not purchase your actual agreement, so we have no obligation to provide you with a copy of that Agreement.

However as a metter of good practive we have ordered the application form from GE Capital Bank Ltd and ask you to be patient whilst this information is being collated.

In the meantime however, unless you are speciifically denying that you have knowledge of this debt, or you are specificially denying that you are liable for this debt, then there is no reason why you should not make proposals for repayment. Please contact us on the above telephone number within 7 days to discuss the options available for repayment of your account.

We note your comments regarding visiting your home address and can confirm that we have no intention of instructing home visit agents.

Yours faithfully,

An empty head at Thames Credit.

 

 

 

Now, I suggested we do nothing, let them waste their time trying to find the application form then send them a letter saying what a bunch of scrotums they are and that we didn`t request the application form.

 

Does anyone recommend anything else regarding this reply?

 

I look forward to hearing from you soon.

 

Regards

 

 

N.P

[pt2537]

they have an obligation to supply this document

 

now if the assignment was an equitable assignment they would have no rights to sue you in their own name and would be obliged under the CCA to pass on your request

 

now if it was an assignment under the LoP s136 they have all the rights nad all the duties tooo so they would have to produce the document

 

what im trying to say is either way they have to provide it!!

 

let them fester for a while and wait til they reply

 

then we will slap a letter off to them

[N.P]

Hi again,

 

Thanks for that pt2537, or Paul I beleive it is.

 

I think I`m starting to get the drift of these games.

 

However, what do you mean by Equitable Assignment and Assignment under LoP S136? What is that about.

 

I do know that they have an obligation to supply the document wether they are the Original Creditor or not, but I wasn`t sure exactly why.

 

We have all intensions of letting them fester for a while. They might just turn into the maggots they are.

 

Thanks again.

 

Regards

 

 

N.P

[pt2537]

hello,

 

thats right is paul:)

 

the reason i quoted the above comments on assignment was cause some DCA s are known to try and get out of providing documents by saying due to the assignment they dont have to comply

 

like i said, they have to provide the documents full stop,

 

i would let them fester and wait til they reply, then we can draw up a response to them

 

 

regards

paul