Thames credit

[fuzzybrain]

Re: Thames credit

After re reading though all the letters I realised something is definately amiss here.....

The first letter is dated May 2004 and was sent to a very very old address. It states

We are acting as a collection agent on behalf of Olympia Capital ASA which is now the legal owner of the outstanding balance on your account (This company is part if the same group of companies as Pylmpia Capital ASA)

Our records show the total balance oustanding inclusive of all accured interest amoutn to £4,763.91

Further, please take this letter as notification that interest is being accured on the outstanding amount at a rate of 1.445% per month.

Another 3 letters were sent to this address.

I then received a letter stating the same as above at the address I was living at - but it doesn't mention the interest part at all.

So are they the owner of the debt or just a collection agency?? Does this change anything at all???? Olympia does ring a vague bell with me - but i can't be sure...

Re the paments info - I think the 2001 payment relates to when Barclaycard actually last received a payment.

The payments to Thames credit/Aktiv Kapital were made every month at the sum of £20 commencing on the 16/06/2005 by direct debit. The last payment that was creditted to the account was on 04/07/2008 - although the next 2 months they applied for payment via DD but it was returned as unpaid (or dishonoured as it says on the finanical report)

Is there a standard letter to send requesting the payments back or will one have to be created?? If so could I have some help pleaseeeeeeeeeeeeeeeeeeeeeeeeeeee

[Curlyben]

Re: Thames credit

Olympia Capital ASA used to own Thames Crud, but now it's AK.

Well they cleary had no lawful right to even consider adding interest as there a/ wasn't and agreement and b/ no contractual provision for this.

Now as for your payments.
The process will be similar, but obvious we are using different law here.

I'll do some thinking and see what I can come up with.

[fuzzybrain]

Re: Thames credit

I was hoping you would say that!! Thank you very very much for all your help with this - it really is very much appreciated indeed :santa2:

Will I be allowed to use their tatics and call them sveral times a day asking when they intend to pay me - oh and can I add more interest to the amount they owe when when ever I decide!!!

[Curlyben]

Re: Thames credit

Better idea, silent calls

[fuzzybrain]

Re: Thames credit

Any ideas where we go from here? I'd love to send them something in the post other than an Xmas card this year!!! :santa_cheesy:

[Curlyben]

Re: Thames credit

Well if you want to wish them a Happy Crimbo, send them a nice simple prelim

Post up your ideas and we'll go through it

[fuzzybrain]

Re: Thames credit

Have had a stab at a letter - any suggestions on changes would be very gratefully received indeed.

To Whom It May Concern:[/font]
I refer to my letter dated 23rd September 2008, which was delivered to your offices on 24th September 2008 ]You have failed to acknowledge this request 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.[/font]

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: [FONT='Arial','sans-serif']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. 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.

As you have been unable to supply any evidence that you had the legal right to collect payment on this account. As recorded on my file I have always disputed that I owed this money and was incorrectly told by your representative that it was up to me to prove that the debt was mine. This was false information and as such is grounds for me to issue an immediate complaint to the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA and the FOS. Please be aware that I fully intend to engage on this course of action as I consider that by demanding payment from me you have committed theft and have acted fraudulently. However in the spirit of wishing to resolve this matter quickly and amicably I propose that Activ Kapital/Thames Credit Limited takes the following action

1. All payments made, to date, to you for this account should be refunded in full, including interest at the rate of 8% per annum. The breakdown of this is as follows:
Payments made to this account of: £740.00
Interest @8% (need to work this out)

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. 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 will 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.

Please consider this a formal written warning that unless the above monies are returned to me within 14 working days from the date of this letter, then I will have no option but to commence court proceedings to recover the above said sum of monies from you. Please note that as you have previously failed to respond to my requests previously no further notice will be given and I will start court proceedings immediately 15 days after the date of this letter.

I trust that the above will not be necessary and that you will comply with the above request within the time scale stated.

[Yours faithfully,

[Curlyben]

Re: Thames credit

Nasty.
Could you copy it from word into notepad and then onto the site please as the formating is seriously assssed up.

[fuzzybrain]

Re: Thames credit

Yep, spotted that and have ammended it (i'm rubbish at this copy and pasting stuff!!!- is that better???

[Curlyben]

Re: Thames credit

Much thanks
------------------------------- merged -------------------------------
Interesting ideas there, but do you understand what you have cobbled together.
This IS important as it is likely to go to court.

So Breaches of CCA s78.
Remedy within in DPA s10, 12, 13 and 14. Mistake of Law and Restitution.

[fuzzybrain]

Re: Thames credit

Sort of!!

I understand that they are unable to supply the required info, so therefore had no legal right to claim alledged debt amd was aunenforceable, as such the recoveries of said money for debt was unlawful

It is clearly stated on the stuff they sent me that i denied the debt on several occassions and they advised me it was up to me to prove i didn't owe the money - even tho i asked for proof. This would be my main argument in court along with teh unenforcable thread.

Is the above about the jist of it. i know i have A LOT MORE reading and understanding to do, but wanted to know I was on the right path before going any further.

The bonus of this is that will be small claims court (the total amount claims is likely to be under £2,000), so at least if i lose then i won't get stung for costs from the other side. I can always hope that they forget to defend the claim and get a sneak judgement in that way!!! Well tis the season of miracles!!

[Curlyben]

Re: Thames credit

We get this right and we wont lose at all.

I have some more reading to do, but I'll post some thoughts up later, probably tomorrow.

[fuzzybrain]

Re: Thames credit

Thanks. The way I feel about this is that it could possibly be a good test case, as it will be in the small claims court so there won't be a risk of getting hit with costs if i lose. So all i have to lose is the court fee, which although its £85 I feel is worth a a gamble if you feel that there is a chance that we could be successful. It's worth a stab to see what happens. If we win then it may help others to reclaim their payments back.

[fuzzybrain]

Re: Thames credit

Hiya

Any further ideas on this please???

[fuzzybrain]

Re: Thames credit

Can i bump this one for any ideas please???