Thames credit

[Curlyben]

Re: Thames credit

I'd be inclined to follow the normal reclaim route on this one.

[fuzzybrain]

Re: Thames credit

Thanks CB for all your help, it really is very much appreciated, Please can i pick your brain then pretty pretty please???

Is this what my plan of action should look like -

Send SAR to Thames Credit

Once all info is back then calculate what payments have been made (do i charge interest? if so what rate etc>>>)

Fill in a Court form (will need some huge help with writing the POC if that's ok please - but I guess they will be stating that the company took payment under false pretences and have not been able to prove the debt if their legal right to claim on.

Await for the fire works to commence!!

[Curlyben]

Re: Thames credit

Claim back whatever they have charged you, so if they have added interest then you should do the same.
They have clearly been demanding payment on a non-existent agreement for a period of time and that's certainly the tack you should be using here.

[fuzzybrain]

Re: Thames credit

Sorry i am havign one of my dumb days (happens very frequently!!!) when you say what they have charged you - are you referring to the payments i have made?

[Curlyben]

Re: Thames credit

If they have added interest, then you reclaim that from them.
Otherwise, well we'll see

[fuzzybrain]

Re: Thames credit

I'm really not getting this am I!!! Sorry to be so thick - i'm excelling at it today!!!

This is my thinking - where am I goign wrong??)

So far the company have failed to produce any documentation to claim the legal right to have this debt repaid to them, so the debt becomes unenforcable until such documentation is presented?

According to their figures i still owe around £8,000 - if this is unenforcable then no charges or interest is vaild becuase i'm not repaying anything, the only provable physical movement on the account is the fact that i have made £720 worth of payments to them. So the only thing I can claim is the payments surely????

[Curlyben]

Re: Thames credit

Yep that's it

Of course if you have to file in court that then changes with your costs.

[fuzzybrain]

Re: Thames credit

Ah I understand now!!

I think the if part may well change to when though!!!!

Will send an SAR off today and wait their response

[fuzzybrain]

Re: Thames credit

Well i sent the SAR off and the cheque has been cashed. i received the standard - thanks for you letter we have passed it onto to the relevant department who will respond in due course - which basically means - we'll get round to it when we can be bothered - pretty much like the CCA request!!

Still haven't had a response from the letter I sent them telling them that the CCA deadline had past.......... I guess i'm in a deadlock at the moment tho, as until I have the SAR info then I can't go any further. The deadline for the SAR is the 8th Jan - and i've got the date highligthed in my diary!!!

Still at least it goves me something to do after christmas!!!

[Tools]

Re: Thames credit

Added to the Beagles Calendar

http://www.legalbeagles.info/forums/calendar.php?

[fuzzybrain]

Re: Thames credit

Ohhhhhhh that's cute!! I didn't know we had one of those!!! Thanks for adding the details

[fuzzybrain]

Re: Thames credit

Surprise!!! I have had all the info the SAR back from Aktiv Kapital!!!

1st letter (dated 08/12/08
Having processed your SAR it has come to our attention that interest was added to your account when a DD defaulted. We have reviewed your account at director level and it has been decided that the interest you have incurred will be removed from the account when a repayment arrangement is met and maintained. Please contact our office on the telephone number above so we may assist you further.

2nd letter (dated 08/12/08)
Thank you for your letter received on 1st December 08. Please find enclosed the following:
Copy of account details held in your name
List of standard abbreviations
Transcript of all details on our computer system
Copy of assignment letter
Copies of all letters sent to you regarding the above ref account.

The purpose of which the data us processed is for staff administration and for debt administration and factoring. The data is disclosed to various sources as indicated under the relevant purpose order number. The source of the data is Barclaycard by way of legal assignment at the time of purchase and all subsequent administration by Aktiv Kaptial uk ltd employees. The only automated decisions made on this account pertain to a series of letters generated. These are attached accordingly. Please do not hesitate to contact us on the telephone number above should you wish to discuss the matter further.


3rd sheet
All my info details re account – such as Account number, last payment date, date account opened, charge off date, start date, default date, last pay amount, charge off amount, default balance.
Then it gives the following info
original balance, interest added, paid to date, current balance

4th sheet –standard abbreviations

5th sheet – financial report listing all payment dates

Sheet 6 onwards - info on their system.

It does show details of the conversation of me disputing the debt back in 2005 when they first wrote to me. The rest is pretty bog standard stuff – all the letters that I have recently sent in are recorded on there (although they haven’t included copies of letters i sent to them – only ones they sent to me). What is interesting is an entry on the 30/10/08

Copy app received from vendor scanned to acc copy in my witter file app address is (one of my old addresses) vendor also encloses copy of additional card holder app for a Mr ***** (my hubby) sent letter to req prev address details before we can send.

any idea what this all means - do they actually have the CCA stuff or not??

The CCA still has not been sent and they have not respnded to the letter I sent telling them this - although it is recorded on their systems paperwork they sent me

What do i do next???

[Curlyben]

Re: Thames credit

Who are they trying to kid with the first part.
Oh well more ammo for the cause

So still the same unenforceable application for then, missing the vital prescribed terms.
Shame really.

Any mention of the DMP you where in ??

[fuzzybrain]

Re: Thames credit

Nothing - there are no details about the original debt apart from this bit

Information for DEF - (DEF)
Additional ACC No: Acc number stated
Default ACC no: Acc number as above
last payment date: 06/08/01
Account openned: 01/06/95
Charge off date: 16/02/98
Start date: 01/06/95
Default date: 30/11/00
Last pay amount: 17.67
Charge off amount: 4968.71
Default balance:4728
CAIS Extract: Current setting is: (TRUE): yes

Original balance: £4,761.65
Interest added: £3,509.60
Paid to date: £740
Current balance: £7,531.25

apart from that the first entry is dated 05/05/2004 - document or letter produced (INBC1) ist untro letter for BC)

and then just info about letters sent and details of who contacted then and what was said etc,
------------------------------- merged -------------------------------
I can't believe that they have the CCA stuff. if they had surely they would just send it to me to shut me up and prove that they have the legal right to demand payment for this alledged debt.

I guess my next stage is an LBA requestign the return of the payments made (plus interest) and if they don't we are off to court!!!

[Curlyben]

Re: Thames credit

SO if the last payment was 2001, when was the £740 paid ?

They are clearly attempting to unlawfully collect (zero agreement) on this debt and as such I truly believe that you are entitled to your payments back.
This will be quite a fight as they are unlikely to fold easily.