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Hi all

 

Just joined CAG after recieving a letter from Thames Credit looking for money off me.was just about to call them to find out what was going on when i discovered all the threads on this site!Safe to say i wont be calling.

 

The letter i recieved basically says I owe £570 on a GE capital account I have absolutely no recollection of. I've moved house a few times over the last 7 years so would have expected the letter i've seen other people get on the forum, saying i've been contacted at other addresses etc, not what appears to be the bog standard letter everyone seems to get.

 

Could someone give me the steps to dispute this? Do i ask of proof of the debt first? If so what do i do after? Have read all the other threads but was getting a bit confused!! :)

 

Any help greatly appreciated

 

S

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You need to send them the following letter.

It's up to them to prove you owe them anything, not for you to prove you don't.

 

Send them this...........

 

Fill in the details to suit...........

 

Dear Sir/Madam,

 

Account no: xxxxxxxx

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

 

(Your Name) Print do not sign

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Hi Sechec and welcome to CAG :)

 

Yes, you would need to ask for proof of the debt, however, if you have not acknowledged the debt in writing or made any payment to it for over

six years, then it would be Statute Barred.

 

Send letter 'M' from the following template letters if it is over six years since payment or acknowledgement:-

 

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

 

Bo :)

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Sorry a bit of conflicting advice there Sechec. However, if you are unsure whether payment or acknowledgement has been made in the last six years, then the "Prove It" letter Fuzzy posted is the one to go with :)

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going with the prove it first.i've not used credit in a long time as i got stung when i was a younger but that was all paid off 8 years ago.did have 1 store card a long time ago but was paid off and cut up.paranoid now that i missed something!thats why i want it proved first

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Well the response should be interesting ;)

 

Just make sure you don't sign the letter (just print your name) and as it's recorded delivery, you will be able to track and trace it on the Royal Mail website - then at least you know it's been delivered.

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just had my response to the "prove it" letter i sent off last week.

got a letter today saying "please phone us to ascertain certain important facts which may help us comply with your request and/or resolve your enquiry".

was basicaly planning to write back saying ,"have been advised to keep all correspondence written and recorded.will be happy to provide any information deemed necessary if you can supply me with a record of the CCA."

any thoughts before I do this?

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NO! Dont give them any information....

 

The Office of Fair Trading: Debt collection guidance (July 2003), Sec. 2.8, Subsection 'j' clearly states a deceptive and/or unfair practice as:

 

"requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures"

 

They have contacted you and they must have had evidence right? Wrong....

 

The law is on your side, they must prove you are the alleged debtor and trying to get more information out of you to confirm this ONLY goes to prove they are unsure

 

Its a clear breach of OFT guidelines....

  • Haha 1

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I would also like to point out that the Office of Fair Trading: Debt collection guidance (July 2003), Sec. 2.8, Subsection 'a' clearly states a deceptive and/or unfair practice as:

 

"sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made"

Oh dear, another breach right?

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You can choose to do two things:

 

  1. Ignore, its their problem not yours...
  2. Put together a response quoting the two guidelines that I posted above and explain to them why you are lawfully declining

Your call ;)

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Good move, be sure to let them know that the law states they must provide the evidence NOT you, refer then to your previous letter which asked them for proof. Also let them know that all communication must be in writing for audit....

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the story continues...............

 

Received a new letter from thames today.Says all the same stuff as the last 1 (endeavouring to resolve the issue I have raised but require further information to do so........................without my assistance they will not be able to resolve the matter as efficiently as either of us would wish.............therefore please contact our SPECIALIST(!) team on the freephone number etc etc).

The last letter I sent them stated that I would only contact them via mail for evidential reasons, and also included the OFT statements provided by the captain above about me not having to provide them with any information!!!!!Did they not read my letter?!?!?!?

 

Any input on where to go from here guys?

 

Cheers

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From their reply it looks like they know they cannot prove anything. The real reason they want you to call, is to bully you into admitting something.

 

It's up to them to prove it's your debt. Not for you to prove that it isn't.

 

Just ignore them. If they continue to demand payments from you. Report them to the OFT and the FOS.

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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the saga continues!..............................

 

have just received 2 letters one day after the other.

First one arrived yesterday and is from a GPB solicitors.the letter thanks me for my letter sent on the 22nd of last month(a whole 17 days ago in which time i've had 2 more thames credit letters!!!),and informs me that "the papers relating to this matter have been returned to our Clients debt recovery agents, BCW plc, and we are reffering your letter to them for investigation.".

The second arrived today from BCW plc and says "unfortunately I cannot locate an account on our system with the information provided......................as I am unable to locate an account at this time, further correspondence may have been issued. Please disregard this until I am in a position to action your request.".

 

Funny that..............cant find an account...............maybe thats cos there never was 1!!!!!

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It's looking good so far. Most likely they'll give up soon, once they realise they can't find the paperwork. :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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GPB write a lot of letters for BCW (and Stratford Apex, who were BCW last year). GPB's offices are very close to Apex offices in Stratford. Just a couple of streets away, if that.

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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From Thames Credit website here:

Thames Credit Limited is part of the Aktiv Kapital ASA financial services Group, quoted on the Oslo Stock exchange. We currently have offices based in Northern Europe and associates in over 70 countries worldwide. The Group is composed of experienced professionals who have in-depth expertise in the areas of finance, trade, law, insurance, negotiation and human relations. Thames Credit Limited began operating from the London Borough of Bromley in June 1999 and is one of the leading companies of its type in the United Kingdom.

Although debt collection companies have no formal regulatory body, we are members of the Credit Services Association and fully observe both Office of Fair Trading Guidelines and the CSA Code of Practice.

Copies of the CSA Code of Practice can be downloaded by

right clicking here.

In addition, Thames Credit also adheres to relevant sections of the Banking Code. If you would like a copy of this information, please write to Thames Credit at PO Box 444, Bromley, Kent, BR1 1ZB.

If you would like more information on Aktiv Kapital you can visit their website at: Aktiv Kapital UK - Aktiv Kapital - United Kingdom

Credsec, it would be worth printing off the CSA code of practice, and OFT's Debt Collection Guidelines. They're surpringly similar ;) - and it might help you to see just how naughty Thames Credit are being. :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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