bcw

[LAN01]

I received a letter from bcw on 14 march 2007 re an alleged debt of £447.86 for Thames Credit Limited.

 

I have no record nor knowledge of any such debt so I cca'd them on 21/3/07.

 

Today I have received another letter dated 14/4/07 (today being the 20th) claiming the usual s***.

 

I have checked my credit file (all three) and I have found no entry or any info on this alleged debt.

 

Any advice?

[kennyparkroad]

Send them this, recorded delivery, with a £1 postal order.

 

 

 

Dear xxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Please also supply a signed true copy of the deed of assignment of the above referenced agreement if applicable.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Please find enclosed the £1 statutory fee for the above request, this fee is NOT TO BE OFFSET against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

 

 

 

 

 

 

if you need anything else let us know

 

Kenny

[LAN01]

Thanks for that Kenny but I already sent that on the 21/3/07. I have not received anything back other than this letter received this morning. I know that they are now in default. Just waiting for the 42 day deadline.

 

My query is that as this debt is not on my credit files is it statute barred even though I don't know anything about it?

[kennyparkroad]

sorry i misread your post!

 

ok, well youll determine with the CCA if its statue barred or not, if you dont know anything about it, they could be chancing their arm.

 

just wait and see what happens, let the clock tick, you have sent them the CCA, its up to them to provide the documents!

 

 

what was their reply to you that you said had the usual s***?

[LAN01]

Their letter said:

 

 

"Dear XXXX

 

Pursuers: Thames Credit Limited

Creditor: DOROTHY PERKINS OPTION GE Capital Bank Ltd

Principal Sum: £447.86

BCW Ref: XXXXXX

Client Ref:XXXXXX

 

 

LEGAL NOTIFICATION

 

Dear XXXXX

 

Despite repeated requests for payment your overdue debt, in the sume of £447.86 with our clients Thames Credit Ltd remains outstanding. Accordingly, documents can now be prepared for the issue of a Claim against you in yor Local Court.

 

ONCE JUDGEMEMNT OR DECREE HAS BEEN GRANTED THE FOLOWING CAN TAKE PLACE:

 

i) Your debt being increased to include Legal Costs and Interest.

ii) Your name being entered in the Public Records of your Local Court.

iii) Your Credit Worthiness being adversly affected for future Credit and Mortgage Applications.

 

IF THERE IS CONTINUING NON-PAYMENT THEREAFTER:

 

i) An Application is made to your employer for an Attachment of Earnings.

ii) An Officer of the court can/may be instructed to Seize your Assets.

 

To avoid these actions being taken, payment must be made immediately. You can contact our 24 hour payment line on 08717001547 to make payment by credit or debit card or to set up a direct debit mandate. Payment is also accepted online at buchanan clark + wells online payments Alternative methods of payments are detailed overleaf.

 

Should you wish to discuss your financial circumstances in relation to this debt, we would ask you to contact us immediately.

 

Yours faithfully,

[kennyparkroad]

Well let them take legal action then, youve sent them the CCA request, its their problem now to comply, i doubt a judge would take kind to them wasting court time!

[make them aktiv runners]

I realise you personally know to ignore this letter, but just for others who may worry at receiving this letter, I have interpretted in red what they are really saying. You could send them the harrassment letter or just wait and let them give you more ammunition for trading standards with their next letter (next letter at an educated guess - before consideration of any legal action a field agent will be sent to discuss with you personnally)

 

Their letter said:

 

 

"Dear XXXX

 

Pursuers: Thames Credit Limited

Creditor: DOROTHY PERKINS OPTION GE Capital Bank Ltd

Principal Sum: £447.86

BCW Ref: XXXXXX

Client Ref:XXXXXX

 

 

LEGAL NOTIFICATION

 

Dear XXXXX FOR THE SECOND TIME IN SAME LETTER!

 

Despite repeated requests for payment your overdue debt, in the sume of £447.86 with our clients Thames Credit Ltd remains outstanding. Accordingly, documents can NOTE "CAN" NOT "WILL" - A VERY IMPORTANT LITTLE WORD THAT JUST KEEPS THEM IN LINE WITH CSA GUIDELINES now be prepared for the issue of a Claim against you in yor Local Court.

 

ONCE JUDGEMEMNT OR DECREE HAS BEEN GRANTED THE FOLOWING CAN TAKE PLACE: HANG ON IT DOES NOT SAY "WILL" IN PREVIOUS PARAGRAPH SO THIS IS POINTLESS, BESIDES THAMES HAVE JUMPED A STEP, IE WHO SAYS THEY WILL GET JUDGEMENT OR DECREE GRANTED

 

i) Your debt being increased to include Legal Costs and Interest. ONLY ON JUDGE'S APPROVAL

ii) Your name being entered in the Public Records of your Local Court.

iii) Your Credit Worthiness being adversly affected for future Credit and Mortgage Applications.

 

IF THERE IS CONTINUING NON-PAYMENT THEREAFTER: WHAT IS THE POINT OF THIS? THE FIRST PARAGRAPH IS THE ONLY RELEVANT ONE SO FAR

MISSED ANOTHER STEP OUT - THAMES WOULD HAVE TO GO BACK TO COURT TO GET i) OR ii)

i) An Application is made to your employer for an Attachment of Earnings.

ii) An Officer of the court can/may be instructed to Seize your Assets.

 

To avoid these actions being taken WHAT ACTIONS - IT ONLY SAYS "CAN" IN FIRST PARAGRAPH , payment must be made immediately. You can contact our 24 hour payment line on 08717001547 NO THANKS to make payment by credit or debit card or to set up a direct debit mandate. Payment is also accepted online at buchanan clark + wells online payments AGAIN NO THANKS Alternative methods of payments are detailed overleaf. FORGET IT I NEED PROOF FIRST OF THIS SO CALLED DEBT

 

Should you wish to discuss your financial circumstances in relation to this debt, we would ask you to contact us immediately. NO WAY - WRITING ONLY, AND ONLY THEN WHEN YOU SEND MY CCA ETC

 

Yours faithfully,

[LAN01]

Thanks for all yor advice I will keep you posted

[Slade1]

I have a letter that says 'will' as opposed to 'can' or 'may'.

 

Should I therefore be worried? This letter was receivde over a week ago and informs me that action 'will' be taken immediately, I have received no court pack as yet though...

[LAN01]

Hi Slade

 

Have you CCA'd them?

 

If you have then I wouldn't worry they can't take you to court if the debt is dispute and if you haven't received evidence that there is a properly executed agreement and deed of assignment the courts won't take to kindly to them if they did.

[Slade1]

Yeah, I have CCA'd them, they sent me what appears to be a shop application with certain elements of a CCA (but not all). I have not received a deed of assignment or any statements.

 

I am not really worried.

[LAN01]

I wouldn't worry, if they haven't complied with your request they can't enforce the debt yet, so just wait and see what happens. That's all I'm doing.

[LAN01]

Still nothing, in default just counting the days!!!