Thames credit

[Sapphire]

Re: Thames credit

Hiya Outspoken,

Well thats good the harrassment letter has worked as I knew it would.

As far as the CCA request goes, how long ago did you send it ? If its past the 30 = 12 day rule then the debt is unenforceable anyway.
As far as the interest is concerned to be honest I have no idea, but I know someone who will know and will get them to pop along and help.

Best of all chill out and don't panic hun.

[fuzzybrain]

Re: Thames credit

Thanks Hun for all your hep and advice, much appreciated as always

The letter was sent on the 23rd Sept, so the expiry would be the 10th Oct???? is there a follow up letter i need to send?

So if the debt is unenforceable due to them being unable to provide the required info then what happens about the money i have already paid them (around £700 - £800) Should this money be returned to me?? How do i go about this???

[scoobydoo]

Re: Thames credit

Dont know the answer but bumping you up so you dont get missed

[Curlyben]

Re: Thames credit

Remember No CCA = No Enforceable debt.
Now the first deadline has been exceeded, to be sure I'd wait another month then we'll hit them.
As for getting your payments, watch this space as I might well be onto something concerning these type of unsubstantiated debts.

[fuzzybrain]

Re: Thames credit

Thanks Curley. Will sit tight and await further instructions for you!!! Thank you for helping me

[fuzzybrain]

Re: Thames credit

Well it's been well over a month and still no news from Thames Credit. (They should have responded by the 10th October) What is my next step - Is there a "you didn't send the required info so you can't enforce the debt" or do I need to wait a little longer?

[Curlyben]

Re: Thames credit

Hold off sending anything else until 10th Nov. then they have exceeded the 12 working + month dead lines.

Then there's a nice letter in my guide that should do wonders

[fuzzybrain]

Re: Thames credit

Thank you very very much indeed. Will send the letter on the 10th Nov as advised. Will let you know their response - if I get one!!!

I have to confess they have been very good - I haven't recieved any phone calls at all since i sent the harrassment letter in.

[fuzzybrain]

Re: Thames credit

Help needed please!!!!

I have received a letter back from Aktiv Kapital, which states

We refer to previous communications in regards to the above account.
We acknowldge receipt of your request under the Consumer Credit Act 1974. We are now in receipt of the orginial application form for this account, however Datad Protection Law prohibits us from issuing a copy to you before we have confirmed your idenitiy anbd residence.

We now require proof of your previous address, please provide documents to show the adress you resided at in June 1996.

On receipt of this information we will forward a copy of the application form to you.

.................................................. .................................................. ...........................................
This doesn't seem quite right to me, after all they have been taking payemnts from me and didn't ask me to confirm my identity and address then, so why now???

Is this a delaying tatic?

Also the debt has also increased!!!

How do I respond???

[scottishlass]

Re: Thames credit

well that a new one, how on earth are you supposed to have proof of where you resided in 1996?????

Not sure how to answer that one I am sure someone will be along that can.

[Curlyben]

Re: Thames credit

Oh dear oh dear oh dear.
What absolute carp from our rivery "friends" !!!

It is NOT you that needs to prove anything, but THEM !!!

Well they have happily been making demands from you at this address so they obviously think they have the right person.
They are trying to hide behind DPA.
The best bit is:

a copy of the application form

They are clearly urinating into the wind.
File under IGNORE until they have something decent to say to you

[fuzzybrain]

Re: Thames credit

Thanks for the guys, especially CB, you have been so brilliant and helpful - thank you so much

I am really annoyed with AK because i disputed this debt right from the start, but they told me it was up to me to prove i didn't owe the money - which I know know was false info.

I want to go after these ***** - including takingthem to court if necessary to recover the payments i have made. Is this a possibility and if so what is the next step?

On Monday I was due to send them the "you didn't respond so get stuffed letter" Should I still send this???

How do I do this???

[Curlyben]

Re: Thames credit

Thames are AK's comedy section as they are staffed by clowns.
I'd send them the letter anyway, after all they are still ignoring your legal request.

[fuzzybrain]

Re: Thames credit

Okay, will send the letter out on Monday and await the next round!!

[fuzzybrain]

Re: Thames credit

Hiya, just checking this is the correct letter..... Should I add anything about them writing to me wanting proof of my address in 1996???

To Whom It May Concern:
I refer to my letter dated 23rd Sepptember 2008, which was delivered to your offices on 24th September 2008..

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 23rd September 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you’ve had this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company then commits an offence. These time limits expired on 10th October 2008 and 9th November 2008 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 9th November 2008 this account will become unenforceable at law and no further payment will be made by myself to the account. Also you will have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to your company
I will require the following action from Activ Kapital/Thames Credit Limited :

1. All payments made, to date, to yourselves for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Activ Kaptial/Thames Credit Ltd. Note: this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments, with interest and compensation, are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Activ Kapital/Thames Credit Company Limited or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing.
I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully,