Thames Credit

[danceonfire]

Hello all,

 

I wondered if anybody could give me some advice? I received a letter from the above and telephoned them, they advised that I owed money on a store card and whilst I vaguely remember having one I didn't remember not paying in full. They were very aggressive on the phone but agreed to freeze the interest if I were to make regular payments, which I have been doing for over a year now. Suffering from depression I did anything for an easy life.

 

I really wish I hadn't have been so naive and knew about this forum then!!! Can I still challenge them to produce a CCA even though I am making regular monthly payments or reduce the amount of interest that had accurred???

 

Any advice would be gratefully received!!! Thank you!

[flyingdoc]

CCA them immediately and see what exaclty you are paying on.

 

I personally would also send them a SAR and find out what charges they have applied to your account - get those back too if you can.

[danceonfire]

Thank you so much flyingdoc, I thought it may have been too late to question them! Does it show any acknowledgement on my part that I've been making payments for over a year though??

 

I really appreciate your response, thank you

[flyingdoc]

if the debt had been statute barred (ie over 6 years since you last made any kind of transaction on the account ) then paying a payment would have reset the statute clock.

Other than that - if they do not have a valid CCA then they will not be able to further enforce the debt.

The reason I said to SAR them as well is that if they have applied unfair charges you could possibly claim them back also.

[postggj]

hi danceonfire and welcome

yours is a typical story, dca contacts you, say pay xyz or we will take you to court with no proof

 

send these muppets thames credit a cca request to see if they have the legal right to collect

its all very well sending an sar to them but what you realy need to do is send the original creditor the sar. you will find out where these charges/debt came from. believe me, the ammount of accounts that are wrong before selling them on is alarming.

if the original creditor has mess up big time, you can then get all those payments back from the dca.

 

simple thing to do is send thames a cca request and ask for a statement of account

 

send the original creditor a sar request

 

ill post the templates in a mo

can you tell us a bit about this alledged debt

who was the original creditor etc

[postggj]

Get a £1 postal order & send them this Recorded Delivery:

 

 

The Finance Coy or dca

Address

 

 

 

 

 

 

 

Account No: 123456

 

Dear Sir/Madam

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

We understand that under the Consumer Credit Act 1974 [sections 77-79], we are entitled to receive a copy of any credit agreement and a statement of account on request. We enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

We understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days and that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

We look forward to hearing from you.

 

 

Yours faithfully

 

 

(Dont sign )

[postggj]

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

[danceonfire]

Thank you so much postppj, you're a STAR! I will get these letters in the post asap!

 

From what I recall it was a store card with GE something or other and was approximately 3x the amount of the card limit. It's been over a year since I spoke to someone about it and have recently moved so my paperwork is in a box somewhere.

 

I'm not trying to avoid paying what I owe, but I don't want my rights to be abused and pay for extortionate and unreasonable charges!