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Good morning all,

 

I am a new user and am afraid getting a bit lost within all the information on this very usefull site!

 

I was contacted a couple of years ago by Thames Credit advising court action would be taken if arrangements were not made to repay a sum that was claimed I owed. I telephoned Thames and was advised they were enforcing a defaulted loan from Lloyds. Due to the breakdown in a relationship some miscommunication and a house move and probably some head burying, I accepted this as being mine so commenced payment. Part of my reasoning was I work in Financial Services and could not allow an issue with my credit status (I was, I now realise being nieve)

 

I have been paying £100 per month for the last few years and regularly check my credit report and it has been clear.

 

However for some reason as a result of querying an incorrect address link with experian a couple of weeks ago a default has now appeared on my report. I therefore feel compelled to query the amount of the said default as I now have nothing to lose.

 

I have never asked for or received any information from Thames other than the original threatening letters.

 

Please could somebody assist with what I am entitled to request by way of proof? in paying have I admitted liability? The loan that was defaulted on was probably about a third of the sum now being claimed I owe.

 

Any help or guidance would be very gratefully received.

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Hi and welcome to CAG :)

 

Your first move is to send a CCA request which you need to prove their legal right to collect any alleged debt.

 

The letter you need is letter N here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Amend to suit and add a line about them sending you a statement of account which is free of charge, use a £1 postal order keeping a copy of the number to check if they cash it, DO NOT SIGN, print your name, send everything recorded and keep copies of everything.

 

Good luck and best wishes.

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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Thank you for your speedy reply.

 

I will do this today and keep this thread updated as I am certain I will require further assistance as I attempt to navigate this personally rather daunting process.

 

Any further information that may be of help would be gratefully received.

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You're very welcome :) It's what we're here for.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi All

 

I posted a CCA request yesterday by recorded delivery and confirmed it has been received today.

 

I have several missed calls from Thames Credit on my phone, I am looking for advice as to wether I should take the calls or not. I don't have facility to record any calls.

 

Obviously I am very curious to find out what they are calling for. They are not leaving voice mail.

 

Perhaps a silly thing to be asking for advice on.

 

Many thanks

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No, don't talk to them. They will only try to bully you into paying. You've sent a CCA request, now the ball is in their court. They have the prescribed time to send you the info you asked for, and until they do, they cannot enforce the debt (if there is one)

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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I also wondered if it was worth sending a Subject Access Request?

 

Should this be sent to Thames Credit or Lloyds who were the original owners of the debt?

 

I am unsure if the debt is now owned by Thames Credit or being chased by them.

 

Again any guidance welcomed.

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Send the SAR to Lloyds....by the way just a quick question....was it at least 6 years between when you started paying and when you stopped paying originally ? As Thames are well known for chasing statute barred debt !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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DO NOT TALK TO THESE ***** ON THE PHONE, EVER!

 

Send them this via recorded post, DO NOT SIGN, print your name and keep copies of everything including logs of calls and any transcript of anything they say to you.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html#post290644

 

Amend to suit and add in a line that you're making this a formal complaint. They then have 8 weeks to give you a satisfactory reply after which you can then formally complain to the FOS who will charge them £400 + for the pleasure of investigaing your complaint.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I do not have the detail and cannot recall the date I stopped making payments (I would imagine it will be very near to six years)

 

The information I have relating to this default are what I have gathered from my Experian report when this first appeared (within the last few weeks) and it is this that has caused my questioning the validity of the amount of this debt.

 

Info I have from Experian:

 

Account type: Bank

Started: 31/07/1991

Defaulted: 07/01/2005

Last updated: 13/04/2008

 

I was advised in the first piece of correspondance that this related to a Lloyds TSB agreement. I started making payments out of fear on 01/05/2006 by direct debit, I never supplied signed direct debit forms, Or any signed correspondance since.

 

In sending a SAR to Lloyds I would be unable to provide proof of my address at time of any accounts being held with them, therefore perhaps making it difficult to prove I have rights to view information held?

 

Again thanks for help and advice and I will be sure not to converse over the telephone with these people.

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As an addition to my last post where I mention that experian report shows as defaulted on 07/01/2005. I have not had any active accounts with Lloyds since approx 2001

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OK send this letter to Thames Credit and send it by recorded delivery, do not be fobbed off if they say 'you were defaulted on such and such date so it is NOT STAT BARRED as quite a few DCA's try' It is the date you made the last payment or acknowledged the debt..(Thames are well known for trying to collect stat barred debts)

 

Letter 'M' http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it by recorded delivery....and do not hand sign it...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Many thanks for this reply 42Man, I will send this letter as per your suggestion.

 

One issue I am a little unclear on is the fact that I have made payments to Thames Credit, can this be interprated as an aknowledgement of the debt?

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The payments made could be argued to have been made under extreme duress and psychological bullying which certain DCAs are very known to do ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Jimmer as you said it is close to 6 years....if they can prove it ISN'T then I would send them a CCA request...!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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They have already received my CCA request yesterday by recorded post, I guess the clock is now ticking!

 

I am confident no CCA document will be provided to me and I will be seeking further guidance from this incredibly helpful forum as to my next step when I do get a response.

 

I only wish I had discovered the CAG sooner as there is a mind blowing amount of information, knowledge and experience available here.

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I have received today a response from Thames Credit to my CCA request. It can be viewed at Thames_response_03062008.pdf - Thames Response 03/06/2008 - BADONGO

 

Some guidance on a response would be appreciated.

 

Can I start the process for removal of the default from my credit report yet?

 

Many thanks

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What date do they enter the 12 + 2 default situation?

Edited by babybear39

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Standard Aktive crap / Thames crudit response, got several of these, and still waiting for any hint of a CCA from these muppets

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Mwhaha...Oops...Ahem, exscuse me.

 

Yes it's 12 + 2 working days.

 

If they then default a further calendar month they're going to fall under the new Unfair Commercial Practices Directive which was implemented on 26th May, 2008. This was implemented into UK legislation via the Consumer Protection from Unfair Trading Regulations :)

 

The above mentioned directive clears everything up re: non compliance of CCA s77 and 78 and gives Trading Standards the back up of the law to prosecute for said offence :D

 

As for your defaults, I'm not up on that sorry...

 

Let us know what happens though 'cos TS need to be informed if they default after the 12 + 2 + calendar month.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 1 month later...

So the initial 12 + 2 day period was up on 20th June and no CCA has arrived.

 

I at this point cancelled the direct debit, and have received a letter advising me to make payment and contact them regarding making a payment or matters will get passed back to their collections department.......

 

The further calender month is up on 20th July when they are commiting an offence.

 

Should I respond to their letter (in writing obviously) reminding them of their obligation to supply a CCA? And that debt is in dispute?

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So the initial 12 + 2 day period was up on 20th June and no CCA has arrived.

 

I at this point cancelled the direct debit, and have received a letter advising me to make payment and contact them regarding making a payment or matters will get passed back to their collections department.......

 

The further calender month is up on 20th July when they are commiting an offence.

 

Should I respond to their letter (in writing obviously) reminding them of their obligation to supply a CCA? And that debt is in dispute?

 

 

Do nothing :D

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Report them to TS and OFT for trying to collect on an account in dispute. It's against OFT guidlines.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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