Thames Valley Credit

[j4the96]

Hi All hope someone can help.

 

I went overdrawn on a barclays account over 10 years ago. I got letters for a couple of years after this but just ignored them. I heard nothing up until 5 years ago. i then contacted Thames Valley credit and arranged a monthly payment. This monthly payment was fine for about 12 months, I paid regular. I then moved from that address (split up with g/f) and ran into a bit of financial difficulty and didn't make the monthly payments. My ex g/f then gave TVC my new address. I recieved a few letters off them but again just ignored them. I have now moved address and want to sort out my finances. The latest letter i have is a formal demand for the outstanding amount of roughly £1,300. The letter is from buchanan clark + wells ( i presume acting on behalf of TCV) The letter goes on to say TVC have informed BCW that they are unaware of any legimate reason for non-payment and won't hesitate to commence legal proceedings. It also says I should contact them using a 24 hour payment line immediately.

 

What am I best doing first ? Am I right in thinking sending a letter asking for my CCA ?

 

Thanks

[pmhcfc]

Hi All hope someone can help.

 

I went overdrawn on a barclays account over 10 years ago. I got letters for a couple of years after this but just ignored them. I heard nothing up until 5 years ago. i then contacted Thames Valley credit and arranged a monthly payment. This monthly payment was fine for about 12 months, I paid regular. I then moved from that address (split up with g/f) and ran into a bit of financial difficulty and didn't make the monthly payments. My ex g/f then gave TVC my new address. I recieved a few letters off them but again just ignored them. I have now moved address and want to sort out my finances. The latest letter i have is a formal demand for the outstanding amount of roughly £1,300. The letter is from buchanan clark + wells ( i presume acting on behalf of TCV) The letter goes on to say TVC have informed BCW that they are unaware of any legimate reason for non-payment and won't hesitate to commence legal proceedings. It also says I should contact them using a 24 hour payment line immediately.

 

What am I best doing first ? Am I right in thinking sending a letter asking for my CCA ?

 

Thanks

 

(Won't hesitate in issuing legal proceedings - haha, yer right)

 

A CCA in the first instance is a very good idea - but also you should send them an S.A.R - (Subject Access Request).

 

It is very possible that before you started paying TC, the debt had become statute barred.

 

DONT EVER PHONE THEM - do everything in writing. (CCA letter below)

 

An S.A.R - (Subject Access Request) costs £10, but I really think in your case it'll be worth doing, but only after you've had a reply from the letter below.

 

Remember to send recorded and don't sign it with your normal signature.

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

Re:− Account/Reference Number xxxxxxxxxxxxxx

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

[j4the96]

Nice One ! Will sort it and get it off tomorrow

 

keep you posted as to what is going on

[pmhcfc]

Nice One ! Will sort it and get it off tomorrow

 

keep you posted as to what is going on

 

No problems,,if you are worrying about this - don't.

 

I'm just one of many many people that'll be happy to help you. Send the letter then sit back and relax. Be interesting to see what Original Agreement they come up with...if any.

 

Sending an SAR is a little bit down the line- but it'll be months before they send you ,what is probably going to be, a copy of an application form or a form that they'll say is what you would have signed at the time

 

It's all in hand now you're here

 

 

 

 

____________________________________

 

[rory32]

The SAR should go to Barclays. It will show any charges and when you made payments.

 

As part of the CCA request a statement of account should be provided by the DCA - this should also show any charges they have applied as well as any payments.

[j4the96]

Hi rory

 

Would barclays issue me with a S.A.R as the account was with them over 6 years ago ?

 

Thanks

[j4the96]

Would I have a CCA for this account, as it was just a bank account overdraft that got out of hand. If I remember rightly, I was signing cheques and backing them up with a cheque guarantee card, knowing there was no money in the account

[rory32]

They should still have the account information. Most banks have account info going back about 12 years.

[rory32]

Would I have a CCA for this account, as it was just a bank account overdraft that got out of hand.

There still needs to be a credit agreement. Overdrafts have certain exemptions under the Act but are not exempt. The credit agreement would be a letter from the bank stating your credit limit, the APR, terms of the agreement and cancellation rights.

[j4the96]

thanks. Will get it off tomorrow and let you know how i get on