Winger V Thames credit (AK)

[Winger]

I sent CCA letter to Thames Credit on 7th Feb and got this in reply this morning.

 

 

I was planning on sending the standard 'Account In Dispute' letter tomorrow, is there anything else I should include?

I guess they are just fishing for more info as they were happy enough to take my money without worrying who was sending it.

[cerberusalert]

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 the contents of which are noted

In your letter you make reference to requiring details of my addresses since 2001 before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you with this information before you comply with my S77/78** request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Regards

 

Print dont Sign

[Rooster-UK]

Send them this letter, edited to suit.....

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131333-dca-creditor-demand-specimen.html

 

Regards, Rooster.

[ScarletPimpernel]

It may also be worth mentioning:

 

1. Pursuing someone a DCA isn't certain is the debtor is an unfair practice according to the OFT Guidance.

2. Failing to comply with the Guidance (or the law) is contrary to the CSA Code of Practice.

3. Failing to comply with a code of practice to which they have subscribed is unfair trading as defined by CPUTR, for which they can be prosecuted.

 

 

It seems to me that AK have some options:

 

a. Comply with the OFT Guidance and give up because they aren't sure that you are the debtor.

b. Decide that they think you are the debtor and comply with the CCA.

c. Carry on regardless and get reported to TS and OFT, who are currently interested in non-compliant DCAs, and be unable to enforce because they are in default of a CCA request (and it's only an application form anyway...).

[Winger]

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

What documentation would I supply them with?

 

And the cheap scumbags never supplied a pre-paid envelope for a reply!

 

 

Thanks For you fast help and advice:D

I'm starting to enjoy writing letters to these scumbags

Edited March 2, 2009 by Winger

[cerberusalert]

You don't have to supply documentation. If they come back for any there's another letter you can send.

 

Besides, the clock's still ticking. Once the 12+2 days are up you can send the 'in dispute' letter.

[Winger]

The 12+2 days were up on 21/02/09

 

Could I send both letters in the same envelope?

[cerberusalert]

The 12+2 days were up on 21/02/09

 

Could I send both letters in the same envelope?

 

Yes....why waste a stamp?

[Winger]

Got this one in reply this morning

 

[cerberusalert]

Make a complaint to TS and the OFT. Your previous addresses, proof of residence, signature, inside leg measurement or indeed which toilet paper you use has nothing to do with them or a CCA request.

[Winger]

Make a complaint to TS and the OFT. Your previous addresses, proof of residence, signature, inside leg measurement or indeed which toilet paper you use has nothing to do with them or a CCA request.

 

I know I saw the link to the OFT somewhere, I'll look for it later:D

 

Which TS should I send complaint to? My local office or AKs local office?

 

Also what actual point of law should I be basing my complaints on?

 

Cheers

[count orlok]

if they need proof of who you are they shouldn't have sent you anything in the first place, its all very well comming over all data protection, but they've already broken it if they sent you details of someones debt without being certain of who you are. payments do not proove admision of debt, they could proove you were too scared not to pay, or you did not know your rights. Does payment to a mugger prove you owed him money?

Edited March 16, 2009 by count orlok

[Winger]

I didn't expect them to come up with 1 but they found a CCA

 

 

and this is their cover letter

 

 

pretty sure there must be something wrong with it, suggestions please

[Winger]

Bumping

Can someone have a look at the CCA please

 

(Don't like bumping threads but want to get a reply in the post this week)

 

Thanks All