Thames Credit

Lizzy69_2

Hi all

Would like some advice please.

Just before Christmas Thames Credit sent us a letter saying that a debt had been passed over to them.

This letter was sent to CCCS for them to update their records and for payment to be re-directed to them.

We seem to get a letter from Thames every two weeks, chasing saying they haven't heard from us. The last letter said they wanted our telephone number to update their records (NOT a chance :rotfl: )

Last Monday we sent a F&F settlement letter (a family member will loan us the money to get them off our backs) nothing has been acknowledged.

Today we got another letter saying they still haven't heard from us, but then go on to say "If we fail to contact you, or if you do not contact us within 10 days from the date of this letter, we may have no alternative but to pass your account to Solicitors for the issue of proceedings in the County Court, or to a Debt Collection Company with external field agents."

What shall we do now? Pass this letter to CCCS again. Re-send the F&F settlement letter?

Any help and advice greatly received.

RAS

Lizzie

have you sent this lovely mob a CCA letter yet?

Do they have the legal right to collect the debt? If they have not proved this, why are you considering paying them?

Lizzy69_2

have you sent this lovely mob a CCA letter yet?

Do they have the legal right to collect the debt? If they have not proved this, why are you considering paying them?[/quote]

Can we still do this eventhough we sent a F&F letter?

RAS

Yes, you can do that even i you have been paying them. Quite a lot of people here have stopped paying for debts for which there is no CCA.

Lizzy69_2

RAS wrote: »

Yes, you can do that even i you have been paying them. Quite a lot of people here have stopped paying for debts for which there is no CCA.

Thanks for that, will send a letter tomorrow.

Do you have a link to a letter template by any chance?

RAS

This the CCA letter, thanks to fermi with a link to more information below.
Quote:

(Your home address)
Date:

To:

Dear Sir/Madam

Account No: *********

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully

Your name: PRINT, don't sign.

More about it here: Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974


You need to send the letter recorded delivery and allow 12 working days plus 2 for the post, after which they are in default. 30 days after that you can end the bog off letter.

Please note that legally, once you dispute the debt by asking for the CCa, they should not even attempt to take any legal action against you.

In practice a lot of these DCAs up the anti and on past evidence the OFT is hopeless at dealing with them They will send out letters which indicate that they have refered the matter to their legal section for advice, that they may take action to put a charge on your property or to make you BK. Rubbish. Come back here and type up the latest threat and we can help you.

fermi

Hi.

Can you tell us what this debt was originally for?

Most debts require a "Consumer Credit Agreement" (CCA), but there are some that don't.

Lizzy69_2

Cheers RAS!

The letter has already been done, ready to post tomorrow.

Do we send the £1 by postal order rather than a cheque (thinking about the signature on the cheque).

Thanks

RAS

Hi

Can you answer fermi's q as I did not ask for the nature of the debt - some phones etc may not be covered by the CC Act, althopugh some DCas appear unsure of this?

Lizzy69_2

fermi wrote: »

Hi.

Can you tell us what this debt was originally for?

Most debts require a "Consumer Credit Agreement" (CCA), but there are some that don't.

It is hubby's debt and he seems to think it's for a credit card, but can't be 100% sure, but definately not for a mobile phone.

fermi

Lizzy69 wrote: »

It is hubby's debt and he seems to think it's for a credit card, but can't be 100% sure, but definately not for a mobile phone.

If it's a credit card or loan, then that is fine. There should be a CCA.

If it's an overdraft, then they fall into a grey area.