Thames Credit Ltd/GE Capital Advice

[mgdesign]

Hi all

I recentlly received a letter from Thames Credit saying that I owed them £1500 from a credit agreement in 2004 that was defaulted against my name in Nov 2007. I knew that it was a 12 month intrest free agreement for a computer that I bought from Comet as I still had the agreement and checked the number. I rang and payed this agreement off in Oct 2005 over the phone before the 12 months deadline so that I would not have to pay any intrest. The account as far as I was concerned and from what they said was then closed, so I cancelled my direct credit, recently after I moved house.

 

I rang Thames Credit and GE Capital, even Active Capital but noone would give me any information about the account or the payments only that the last payment that I had paid was in Oct 2005 for £800 (my closing amount) but the account was not closed!

(I'm wondering that even though GE Capital took it over the phone they did not put it through until after the deadline so that I incurred the intrest charges!!)

 

After looking through this forum I have now sent off the letter asking for my CCA.

Yesterday I received the bog standard letter saying that 'they are not the original creditor blah blah blah but as good practise will seek the agreement from the credit grantor'. This is all fine, what worries me is that at the bottom it says that 'unless we hear from you by telephone or writing within 7 working days the matter will be passed back to there collection division'.

 

Has any one else had this letter as this part is slightly different to the letters I have seen on this forum. Is there a letter I should now send them back within the seven days or should I wait to see if they can send me the credit agreement and balance statements etc with in the 12days set out?

 

Thanks for any help

[excel1]

JUst another threat-o-gram from some stupid DCA chasing a debt that doesnt exist, do keep the letter but file under ignore, see what they come up with, and if you paid over the phone you bank/credit card company must have these details, so you could get those if you need proof later on.

But the onus is on them not you no matter what they say and DO NOT RING THEM EVER

[mgdesign]

Thanks for that. I will wait and see what happens and not send them any responce to their letter

[babybear39]

Hard proof is the only way with these ***** (and even then, they're a bit slow ). Get a copy of your bank/credit card statement showing the payment and send it to them with a covering letter. Request their complaints procedure at the same time and send all recorded, keeping copies of everything.

 

Good luck and best wishes.

 

Almost forgot...If these things cost you much, request compensation

[mgdesign]

I'm getting statements at the moment. My only worry is that even though I paid GE Capital over the phone the payment was not processed until after the deadline date. The statement will show the processed date not the date I rang. All hearsay until my statements come through so I will have to wait and see.

[babybear39]

Did they not confirm the payment had gone through for you while you were on the phone?

[mgdesign]

I cant remember as it was so long ago, I think they did.

 

Its getting even more weird now as today I received a letter from Aktiv Kapital for FORMAL NOTICE OF ASSIGNMENT OF DEBT.

 

It says that all communications now has to be through them and that imediate payment on the full amount is now required. Does this mean that I have now got to send them a letter asking for the CCA? Are Thames Capital now nothing to do with the debt?

I know that they are a sister company but should I just be communicating with one company.

They seem to make things very confusing

[babybear39]

Aktiv are thames credit's parent company Thames have a duty to pass the CCA request to them...

[mgdesign]

So I still dont have to do anything? Should I wait or send a letter to Aktiv?

[babybear39]

Remind aktiv that the account is in dispute with thames and that you're waiting for statement proof of payment as final payment to the original creditor from your bank/card issuer. Send recorded and DO NOT SPEAK TO THEM and DO NOT sign the letter, print your name

[mgdesign]

Thanks

[babybear39]

You're welcome and good luck

[mgdesign]

The weirdness continues, today I received 2 letters from Activ Kapital. The first saying

'We refer to your recent communication and write to confirm that your offer of re-payment has been accepted'.

Repayments of £5 a month starting this month. I have not contacted them apart from send a letter asking for the CCA, so this is very annoying. They also sent me the letter saying that

'They have no obligation to provide the CCA as I have also acknowledged the account by agreeing to make payments of £5 a month. However as a matter of good practise we will seek to obtain a copy of the original agreement blah blah'

What should I do now as I have in no way acknowledged the account!! I was going to phone but have decided to seek more advise on what to do now.

 

Thanks

[babybear39]

DON'T PHONE THEM.

 

This is more of their half hearted empty waffle.

 

At least they've acknowleged receipt of your CCA request Keep for future reference when they chase you for paayment when the account is in default of the request

[mgdesign]

Should I not send them a letter to there complaints department firmly saying that I have not made any communication to acknowledge the agreement and set up payment?

[babybear39]

Good idea Sorry, was in uni. so in a bit of a rush...

[mgdesign]

Received my bank statements today from 2005, which show that I paid off the credit agreement before the deadline , should I send a copy to aktiv?

[babybear39]

Congratulations Yes, via special delivery

[mgdesign]

All the information has been sent to Aktiv and Thames showing on a statement a bulk amount being paid in October 2005.

I have also complained to the OFT due to still not receiving my CCA or statements after asking on the 7th of April 08. The OFT said they are looking into it.

I am still receiving harrasing letters from Thames and I now have a default on my credit file 1 month before I look at re mortgaging my house .

 

What more can I now do?

[nicklea]

First of all, where they said that you have aknowledged the debt - that is just rubbish, so don't worry about that. It would only matter if it were potentially statute barred, in other words you hadn't paid anything for 6 years - which doesn't apply in your case.

 

If you are looking at remortgaging with a different lender then having a default on your account from 2007 will not be good. I don't know to what extent your current lender will take this into account.

 

There was a recent court case (it was in scotland though - which is a bit different) where someone was in exactly the same situation and they were awarded a large amount of damages - although the default had been on there for several years, the case is here:-

 

RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

The following suggestions are based on the fact that you did pay off the debt in full within the time period.

 

Wrongly processing your data would be covered by the ICO, I suggest that you make a complaint to them, however it will be a couple of months before you get any reply from them:-

 

Information Commissioner's Office - ICO

 

I would suggest sending them a s10 dpa notice. They have 3 weeks in which to respond to this. If they don't then you can take them to court and claim damages for the extra cost of your new mortgage because of having a default and you can also claim general damages as well.

 

I would also suggest sending an sar to the original creditor that you paid the £800 so that you have evidence from their own systems as well that you paid it off in full. If you are starting a court case then, generally, the burden of proof lies with you to show what has happened. So, it's probably best to get all the evidence you can first.

 

A s10 dpa notice would look something like this:-

 

The Data Controller

DCA

Notice Pursuant to Section 10, Data Protection Act 1998

Account No: xxxxxxxx

Dear Sir,

Take Notice that I require you to cease entirely from processing, or else that you do not begin to process, any personal data of which I am the subject within 7 days of the receipt by you of this notice.

This includes particularly, but is not limited to, any processing involving the communication or passing of personal data of which I am the subject to any third party insofar as the said data relates wholly or in part to any alleged agreement between us that it is alleged has been assigned to you.

This Notice is given on the ground that the debt has been paid in full on xx/xx/2005. As a result you had no right to place a default marker on that account with xx (Experian/Equifax – whoever it was you checked) Credit Reference Agency.

Further, the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or distress to me in addition to that which may already have been caused and that, as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of the Data Protection Act 1998, to do so would be unwarranted.

If you fail to respond to this notice within the prescribed timescale I will make an application to the court under Section 10(4) Data Protection Act that you be ordered to comply with this notice.

This letter has been sent by Recorded Delivery.

Yours faithfully,

[mgdesign]

I have not sent the Notice of Pursuant yet as I have now started a complaint with FOS.

 

The incompetence of Aktiv Kapital and Thames Credit has amazed me. I sent them details of the agreement, payments from bank statements, all which they should have. I have not received anything showing any details of the debt from them even though I sent a letter asking for the CCA on the 7th of April .

Even with all the proof that the agreement was paid off before the 12month deadline date they sent a letter back saying that from the information that I had provided it proved that I had missed the 12month deadline and was liable to the interest on the agreement. Did they actually read the letter that I had sent or looked at any of the dates on the agreement!

I have now sent the same letter back again with all the dates enlarged and bold. If this did go to court I'm shocked at how bad there incompetence would look.

Hopefully the FOS TS or OFT can sort this out in some capacity?

[mgdesign]

Just received a call from Thames Credit leaving a voice mail asking if I can ring them regards the FOS complaint.

 

Should I ring them?

[ScarletPimpernel]

In a word, no - never ring a DCA!

[mgdesign]

I have now received a letter back from Aktiv Kapital saying that they are looking into my complaint from the FOS and reverting back to the original creditor (GE Capital). They aim to get back to me within 28 days. Is there anything else I can do now in this time to get my default removed or is it now a waiting game?

[L Brookes]

Not Good