Requesting CCA - Response from Thames Credit

fedup2007

Good morning! I wonder if anyone can advise me on this.. I sent the request letter to try and get hold of a cca for a debt that Thames Credit have been chasing me for. Well in fact they haven't done anything of the sort but after checking my credit report I saw a default on there from 2 years ago with their name on it. After about 7 phone calls I still counldn't get to the bottom of it but the letter they subsequently sent says its something to do with Halifax. Odd, as I've never had a credit card/OD and closed all my old accounts with zero balances. So anyway, heres a snip of the letter, I'm going to do some research and get in touch with oft as well. Thanks in advance..


they quoted:

...we are not the original creditor. We did not provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance. We did not purchase your actual agreement consequently we have no obligation to provide you with a copy of that agreement.

They then go on to say:

..as a matter of good practice we have ordered the application form from Halifax and ask you to be patient....


Any advice appreciated thanks.

Tiglet

By asking for the CCA you have technically disputed the account. They can't do anything about it until they send it.

They are supposed to send it within 12 working days (plus 2 for postage). If they don't do this then, 30 days after that date they are breaking the law, and you can report them to Trading Standards.

In the meantime, I wouldn't bother contacting them. If they ask you for anything in the future without sending the CCA, then report that to their local Trading Stadards too.

Even if they don't send the CCA within the time limit, they can still send it after that but the fact that they would have broken the law would count against them.

immoral_angeluk

What a pile of crap. They know full well they have to provide it and are talking out of their backsides.

fedup2007

thanks for that. Does anyone have any links to the legislation - I've been looking but can't see anything. I was going to write a curt response - but will wait until next week - when their times up! It does say in the letter:

..in the meantime unless you are specifically denying that ou have knowledge of this debt...there is no reason why our debt collection activities against you should be suspended...

did they not read the original letter where i 'specifically' denied any knowledge... jeez

smashedbooboo

Yep. Your Quite right IA. And the application does not count either. Dont ring them again, sit and wait now for them to default on your request. Keep everything in writing.

RAS

Fedup

What time is up next week - the 12+2 limit or the 12+2+30 day limit.

That affects which letter you send.

RAS

Fed up

Which limit is up next week - the 12+2 days or he 12+2+30 day limit?

Penny-Pincher!!

Tiglet wrote: »

They are supposed to send it within 12 working days (plus 2 for postage). If they don't do this then, 30 days after that date they are breaking the law, and you can report them to Trading Standards.

Hi, Sorry to ask, but how do you report to the Trading Standards after the 30 days? Is there a template and address I need to send too The company have not sent my CCA and have admitted they dont have it but have referred back to supposed original debtor.

Thanks

PP
xx

fedup2007

right sorry about this I've been a bit thick. 3 Different companies tried to chase me for this debt - by letter. Buchanan Clark & Wells, Aktiv Kapital and it was Thames who actually entered the default on my record. I sent the request letter to BCW initally on 7th Jan and then on 1st Feb wrote back (when I clicked that these things are all related - none of the reference numbers on the letters match) with the letter saying that they didn't comply. Does this make sense?

So to summarise:

26th Nov - letter to BCW saying - what the hell are you on about
7th Jan - proper request to BCW for CCA
1st Feb - proper response to no response from themwith a cc to Thames Credit (I realised that this was on my credit file)
4th Feb - I wrote to Thames Credit asking them to update my credit file
6th Feb - they sent the stupid response

I have sent all letters recorded.

Tiglet

PennyPincher: I believe you have to contact Trading Standards for whichever council covers the area they are in. I don't think there's a specific template letter, so just write explaining that you requested your CCA and they didn't send it, including the dates and copies of letters.

It's unlikely that they will do very much about it, although it all adds up and if there's enough, then eventually they will.

RAS

fedup

who owns the debt at the moment?

RAS