Thames Credit - letter recieved following CCA request - some advice please

[bluecat0208]

Following my CCA request on the 18th December, I received the following letter from Thames Credit on Sat and would be interested on what people think I should do next

 

Dear Madam,

 

We refer to the correspondence regarding the above referenced account

 

In your recent letter you have suggested that the account has nothing to with you and have requested documentary evidence, such as a copy application form.

 

Under the Data Protection Act we are unable to disclose personal details. You claim the account is not yours and we would therefore be in breach of the Data Protection Act if we were to disclose any details of this account to you at this stage.

 

In order that our Frauds Department can investigate the matter please forward a copy of an official document which shows your name, date of birth and signature.

 

On receipt of this we will investigate the matter further and revert back to you.

 

We can confirm that the information has been requested from our client. We do not make a charge for this service and return your postal order for £1

 

Yours faithfully

 

some name I can't read

 

 

It appears that we have reached an impasse as I have no desire to send them any document with my signature on and I feel that they are slightly threatening with their talk of Fraud department investigating

 

Any ideas on what to do next?

[Tristesse]

These people make me laugh (in desperation) they are perfectly aware that the debt is unenforcable without a copy of the original signed agreement so they attempt to use the law which is protecting you against you.

 

Unless they can provide you with the information you have requested then this debt does not belong to you. Getting the Fraud department involved is just stupid scare tactics do not send them a thing, they should already have it and if not there loss.

The reply is unsatisfactory and as such I would still report them for not providing the information within the required time lines and make sure you tell them that until proven otherwise (ie with the original credit agreement) you do not owe them a penny. State to them very clearly that any Tom, Dick or Harry could write to you saying you owe them money and unless they can show you that you do feck off.

Tell them Data Protection didn't mean a thing when in the first instance they chased you about the debt.

 

These people really do think we are fools. Hope this helps.

[Seminole]

It is up to TC to prove that you owe this "debt". Report them to Trading Standards for failing to comply with the CCA and inform TC that you are doing so.

 

You do not have to prove who you are. Ignore their letter.

[bluecat0208]

thanks - that's what I thought

 

What does annoy me is that they have send me a postal order but not the one I send them and this new postal order is made out to Thames Credit - just what am I meant to do with that - I can't cash it, it is completly useless.

 

I guess that I could just keep it and send it back to them if they chase me about something else

[sequenci]

a couple of other things to bear in mind.

 

If they are chasing you for a debt and cannot prove they have the right to do so could constitute harrasment under S40 of the Administration of justice act 1970 if they falsely represents themselves to be authorised in some official capacity to claim or enforcement payment.

 

it would also be a strong argument that their behaviour has been unfair according to the OFT's debt collection guidance (have a read through it, the link is at the top of the page)

[NailPost]

If they have cashed the postal order they have accepted the CCA request. The clock is therefore ticking and their recent response does not comply with the requirements of the act.

 

Once they are in default they are in some trouble and their letter will not get them out of that. If the default continues for a further month they are in even more trouble. At that stage report them to the trading standards of your local council and the OFT. Write to TC and tell them what you have done if you like although personally I wouldn't - water and ducks back spring to mind.