please help cca sent back

[Titch_76]

I sent thames credit a request for cca and statement of account, thay have replied back within the 12 day limit with a letter saying

we write in reply to your letter dated 11th january regarding the the above referenced account.

 

you have requested 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 balence and the right to collect that balance, together with the right to apply interest in accordance with your origianal credit agreement. we did not purchase your actual agreement, consequently we have no obligation to provide you with a copy of that agreement.

 

however as a matter of good practice we enclose a copy of the original agreement from the original credit grantor GE Capital bank ltd

 

in the meantime however unless you are specifically denying that you have knowledge of this debt, or you are specifically denying that you are liable for this debt, there is no reason why our debt collection activities against you should be suspended.

 

we are the legal owners of your account and your liability is now to us in respect of repaying the outstanding debt balance that was purchased by this group of companies.

 

unless we hear from you by telephone or in writing within seven working days from the date on this letter, setting out any reasons for disputing the debt or reasons for non payment, the matter will be passed back to our collections division.

 

it is therefore in your best interest to agree an installment arrangement with us, or discuss terms for settlement (we may give you a discount on the original balance for early payment) as soon as possible.

thames credt

 

 

 

 

this debt was taken out in july 1997 we have not heard anything from anyone until 2007 i need to work out how to pass a scanned copy of the agreement over to the forums

by the way the original debt was for 400 and we did make some payments off that now they;re asking for 1446.66, they hav;nt sent any statement of account that we had already paid of this account

 

what do i do now:confused:

[dpick]

I sent thames credit a request for cca and statement of account, thay have replied back within the 12 day limit with a letter saying

we write in reply to your letter dated 11th january regarding the the above referenced account.

 

you have requested 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 balence and the right to collect that balance, together with the right to apply interest in accordance with your origianal credit agreement. we did not purchase your actual agreement, consequently we have no obligation to provide you with a copy of that agreement.

 

however as a matter of good practice we enclose a copy of the original agreement from the original credit grantor GE Capital bank ltd

 

in the meantime however unless you are specifically denying that you have knowledge of this debt, or you are specifically denying that you are liable for this debt, there is no reason why our debt collection activities against you should be suspended.

 

we are the legal owners of your account and your liability is now to us in respect of repaying the outstanding debt balance that was purchased by this group of companies.

 

unless we hear from you by telephone or in writing within seven working days from the date on this letter, setting out any reasons for disputing the debt or reasons for non payment, the matter will be passed back to our collections division.

 

it is therefore in your best interest to agree an installment arrangement with us, or discuss terms for settlement (we may give you a discount on the original balance for early payment) as soon as possible.

thames credt

 

 

 

 

this debt was taken out in july 1997 we have not heard anything from anyone until 2007 i need to work out how to pass a scanned copy of the agreement over to the forums

by the way the original debt was for 400 and we did make some payments off that now they;re asking for 1446.66, they hav;nt sent any statement of account that we had already paid of this account

 

what do i do now:confused:

 

Hi this is not something I have had to deal with but from my reading of threads on CAG etc they are giving you a load of dog pooh. They have either bought the debt along with the rights and obligations or have just been assigned to collect the debt and the debt is still owned by the original creditor. if the you have not paid or communicated with them about this debt for the last 6 years (12 for mortgage) then the debt is statute barred as well.

 

all the best dpick:)

[Having_A_Knightmare]

Hi

This may help you with posting the agreement

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[Titch_76]

ive recieved a letter today of tc i sent them a letter by recorded delivery last week (the statute barred one) this is the reply ive got of them

we refer to your letter of the above account

your reference to the statute of limitations is not relevant.We do of course fully understand statute but it is very often misintterpreted by debtors and their advisors. We neither threatened nor suggested litigation, hence it is repeated that reference to the act is not relevant

 

There is no legislation that precludes a creditor from legitimately requesting payment of a debt which remains outstanding and due. Indeed we could argue that any debtor who recognises that such a debt exists, has a moral obligation to address his responsibility. A credit facility has been provided by a bank or finance house, consequently it is up to that customer to honour his obligations.

 

GE capital bank ltd has confirmed that there is an outstanding balance, currently amounting to xxxx.xx If you believe the account has been fully repaid, would you please provide evidence of such repayment, perhaps by way of a receipt or a paid in full letter. GE capital bank has no record of the account being repaid.

 

If it is the case that you have simply overlooked this account because of its age, we are prepared to be constructive and apply a significant discount rather than consulting with our solicitors about potential further action. Theredore we will accept 50% of the current outstanding balance in order to bring matters to a close, provided payment is made within a short period of time. We need to recieve payment, of the discounted balance by 8th february 2008.

 

We look forward to hearing from you as soon as possible, and please telephone if you need to discuss payment over a period of time.

 

thames credit

 

 

so what response can i give to this letter anyone please help before 8th feb

ive already cca'd them but they sent me the application details not the original cca

[clutchingatstraws]

When did you last make a payment or acknowledge the debt in writing?

[zazen.warrior]

I don't think you need to respond. If the debt is statute barred they can request payment yes, but that is ALL they can do.

 

Perhaps a short note to advise you will not be entering into any further correspondance

[rory32]

There is no legislation that precludes a creditor from legitimately requesting payment of a debt which remains outstanding and due.

Correct, but once you have stated that you will not be paying a statute barred debt it is then considered an unfair practice to make further requests for payment.

If you believe the account has been fully repaid, would you please provide evidence of such repayment, perhaps by way of a receipt or a paid in full letter.

You don't need to prove anything. It is up to them to prove that any debt exists and that it is not statute barred.

Theredore we will accept 50% of the current outstanding balance in order to bring matters to a close

I bet they will as there is no way that you can enforce a statute barred debt.

so what response can i give to this letter anyone please help before 8th feb

ive already cca'd them but they sent me the application details not the original cca

My response would be to ask for a copy of their complaints procedure. They are only allowed to initially ask for payment on statute barred debt. Once it has been made clear that no payment will be forthcoming they are not supposed to continue to push for payment.

[Guest Fallenangel]

Hi titch, I have the exact same letter from Aktiv capital with regard to a debt that was statute barred. I had sent them the relevent letter and recieved that as a responce. My debt was from 1996. I again sent the statue barred letter and Put "Take Notice " at the top of the letter. I knew it was SB and I stuck to my guns. I eventually got a letter back saying they had written it off (it was for £900) and thats that. If you know its statute barred dont let them scare you, stick to your guns and ask them to prove you have acknowlaged/payed towards the debt in the last 6 years.....if you have not then there's not much they can do!!

[Titch_76]

Thankyou all i will do that now there has been no payment on that account for 10 years

[Titch_76]

Thanks rory im gonna try and put a letter together from your reply im soooo grateful to you all dont know what id have done without this site

[Brassed off]

Let us know if you receive any correspondence back Titch.

 

PS - I see you've got your Username sorted out

 

Bo