Thames Credit......

[marcus6]

My wife sent Thames Credit a CCA on the 13th as they have been onto here for some time now over an old CC she use to have,

 

she got a letter of them over the weekend, and this is what they had to say>>

 

Dear Madam

 

We refer to your recent letter regarding the above refernced account.

 

you have requested a copy of the original Agreement 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 balance and the right to collect that balance, together with the right to apply interest in accordance with your original 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 will seek to obtain a copy of the original Agreement from the original credit grantor and if that is available we will forward a copy to you.

 

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding debt balance.

 

...................................................................................................

 

 

 

so they have untill the end of the week..........

[ScabHunter]

I really have no idea why they waste their time writing this type of rubbish.

 

If anyone has enough knowledge of the law to make a CCA request in the first place, then they are hardly likely to be unaware of the obligations of the "people" they are making the request to.

 

Still, whatever keeps the little children amused......

 

SH

[bish]

Do you have the original cedit agreement, I think they have to have your original credit agreement to take action against you. Ask for a copy of the original agreement from them. If they can not provide this as far as I know they can not claim the money from you. Thats the original document that you signed. I assume without documentry evidence you can not claim money owed. Just my opinion.

[rory32]

Ask for a copy of the original agreement from them

Umm

My wife sent Thames Credit a CCA on the 13th

The OP already did bish.

[42man]

Marcus.....just a quick question...do you know how long it has been since you made a payment towards this alleged debt ? Thames are well known for trying to chase statute barred debts....any chance this might be ?

[marcus6]

HI all, my wife has 2 for TC and she was paying them about £10 each and every month, but with things not so good now, i got her to send each one a CCA on the 13th, I think its funny how they can send out a letter like this, i have a good feeling about this.........as when she showed me the letters from them i just had a Big on my face, but we will wait and see what they come up with next. ( by what they have said in the letter, looks like they have shot themself's in the foot) by sateing they dont have a CA

[42man]

If they fail to provide it after the 12+2 working days timescale this is the next letter to send by recorded delivery -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[marcus6]

Thanks 42man, all ways at hand as and when someone needs help

i will get the wife to do that at the end of the week, as thats when the 12+2 is up.

[bish]

Good luck guys 42man has it nailed with that letter, hearing a lot of original docs not being able to produce, know it is not the right thing to do, but hell fight dirty like they do.

 

Regards bish.

[marcus6]

If they fail to provide it after the 12+2 working days timescale this is the next letter to send by recorded delivery -

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Hi all, they never got back to my wife with the CCA, so i got her to then send this letter. and over the weekend my wife got a letter from "AKTIV KAPITAL" asking her to pay the outstanding sum, But they are part of Thaes Credit LTD, they are one of the same, as they own TC, or TC owns them, my "Q" is do i now have to get my wife to send them the same letter as she sent TC, ie, CCA ? or should she just wait and see what TC come up with!.

 

 

Thanks for all your help guys.....

[Sabrina470]

I would also point them in the direct of this post which tells them clearly that they are responsble for giving you the info you requested

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172160-dont-let-dca-fob.html[url=http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172160-dont-let-dca-fob.html][/url]

[ODC]

I would also point them in the direct of this post which tells them clearly that they are responsble for giving you the info you requested

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172160-dont-let-dca-fob.html[url=http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172160-dont-let-dca-fob.html][/url]

 

S175 and s 189 of the CCA 1974 make Thames letter a joke. They are well aware of their legal obligations and are just trying it on with one of their standard Fob offs.

[marcus6]

Hi all, i should of pointed out that the time for TC to get back to my wife was on the 27th/28th of last month, and we got a letter from TC,s sister company on the 3rd on this month, what i would like to do is send TC a letter stating they should not have passed on any info to a 3rd/sister as the last letter says it should not do so,

 

 

so if any one has a good letter i could send them, as they should not have passed this onto its sister company, that would be good.

 

thanks before hand

[42man]

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[marcus6]

Thanks 42man i will get that of to them this weekend.....

[marcus6]

Hi all, as you can see i sent TC a CCA back in november, and i never got anything back from them, i all so sent them ( Account in Dispute Letter) but i did get 2 to 3 letters from its sister company AKTIV KAPITAL,

 

1.) can they ask for payment when i have sent a CCA + the 2nd letter to TC

 

any way i then got a letter of AK, and this is what they had to say,

 

 

any Help in this would be very nice, where do i stand with this as this should not have been passed to AK any way, as it was TC that i sent the CCA + 2nd letter to and they never got back to me but i then get this from AK!! ?

 

Thanks

 

and they sent this with it, is this unenforceable ?? this is all they sent

[jobmid]

one very quick question did you sign this?

[42man]

And did you have the insurance cover ?

[42man]

I'm not an expert on multiple agreements but you might find this interesting - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581

[marcus6]

one very quick question did you sign this?

 

And did you have the insurance cover ?

 

 

That would be a yes & yes, i have just taken the names of as i dont want every one seeing who its for,

 

My Q, here is as i sent TC the CCA + 2nd letter, how can they then take this up, as its now in Dispute with TC, i know TC is part of AK but its still pased it on to its big sister company ?

[marcus6]

I'm not an expert on multiple agreements but you might find this interesting - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581

42man that very interesting, as the insurance was taken at the time! and its on that letter i posted up, but from looking at the letter, it dont show how much the insurance is each month, it just says how much it is over all, and they have added that to the lone, and then it shows 48 instalments at XXXXX

 

+ we never got any TC with the letter ?

Edited December 17, 2008 by marcus6

[marcus6]

Bump ......................

[bazaar]

OK where's the letter of assignment? Did you get one?

Sounds like they dont want to be classed as the creditor for this, because you'd most likely go for a counter claim. They are too funny, they can't just 'purchase' the rights to recover anything without first having a valid agreement.

Whats stopping you from purchasing from me, at a discount I might add, the rights to kick them up the arxe?

I have some hobnail boots for you to hire when you go down to Bromley:D

[marcus6]

( sorry for sounding dumb but whats that lol) Letter of assignment? is that the one they send out to say they have taken over this det? if thats what you are onabout then that would be NO i did not get one.

 

what i would like to know, is that so called credit agreement they sent me is it "inforceable" ? as theres no name on it who it was for (IE no name of the bank that the lone was taken from) + there is no prescribed terms with it + there is no breakdown of the PPI that was taken at the time, it just has how much the PPI is and how much the lone is and then it says add A+B =Y

Edited December 18, 2008 by marcus6

[marcus6]

what do i need to next about this as im abit as to what i should do next!!

 

 

Thanks, for all your input/help on this....