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BCW/Thames Credit


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Hello all,

 

I am new to this forum so please bear with me if I waffle on too long :)

 

This morning, my husband received a letter from Buchanan Clark and Wells claiming that they are acting on behalf of Thames Credit Limited for a debt of £544.17 and if he doesn't pay up the will start legal proceedings.

 

He has never heard of BCW or Thames Credit. However, he did have some HP agreements in a previous marriage (for a cooker and fridge freezer)which he stopped paying when he got divorced and admits that this may relate to those. However, he split from his ex-wife over 4 years ago and this debt (if it is indeed his) is at least that old.

 

Anyway. I refuse to just cough up the money. I have composed the following letter using some of the templates and some of my own info. what I really want to know is, is the letter okay and should I put anything else in it? It will be sent with a £1 postal order and by record delivery.

 

Also - what should we do if they don't reply, or refuse to send us the credit agreement?

 

Many thanks in advance. Letter below:

 

Dear Sir/Madam

 

REFERENCE NUMBERS

 

Further to your letter of 22nd January 2008. Please note that I am not aware of any debt with your client, Thames Credit Limit and I do not acknowledge this debt to your or your client.

 

With reference to the above agreement, I would be grateful if you would send me a true copy of this alleged signed credit agreement along with a true up-to-date statement of account. I also ask that you forward this request on to your client Thames Credit Limit.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request and your obligation also extends to providing a statement of account. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not, under S189 of the CCA 1974.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Non compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage that any legal action you may contemplate will be both vigorously defended and contested.

 

I look forward to hearing from you.

 

Yours faithfully

Mr S

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I would just add that all communication must be in writing. Remember not to sign the letter and send it recorded delivery.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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You don't have to do anything. After the 12 working days they can not enforce the account as they are in default.

 

If after a further calendar month they send anything demanding payment report them to Trading Standards.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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remember the £1 postal order as well

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I would not march a leisurly stroll will do.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Hello folks,

 

Here's an update! We posted the above letter to BC&W on 2nd Feb. Today (7th Feb) we received the following reply, and our postal order returned to us.

 

"Dear Mr X,

 

I write with regard to your recent communication concerning the above account.

 

I would advise that we do not hold copy Credit Agreements at this office, as we are not the Creditor. Under the circumstances your postal order for £1.00 number xxxxxxxx, is returned herewith.

 

However, I would advise taht I have placed this account on hold and have asked our Client to forward the documents to you directly.

 

Please do not hesistate to contact us should you require any further assistance."

 

 

 

So what happens now? Any ideas?

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So what happens now?

You wait. They have a legal obligation to supply a copy of the agreement. They can wave the £1 fee if they wish - it makes no difference.
  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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