Thames Credit

[bjoh69]

i wrote to thames with a cca request and they have passed it on to wescot credit are they allowed to pass on to third parties like this.

[foolishgirl]

bjoh -

1. Have you been notified by either Thames or OC that your account has been assigned to Westcot? You should have been but sometimes DCAs think the law doesn't apply to them

2. Did you apply to Thames or OC for a CCA? Although they are supposed to pass the request on to the OC sometimes it's easier to go straight to the OC.

3. How long ago did you request the CCA? If it is now more than 12 days you should put the account in dispute with Thames if you have not had a NOA from them re. Westcot, pointing out that you have not received NOA, that the account is in dispute & that they are not permitted to pass it on whilst that remains so.

[foolishgirl]

Oh, just seen your post above re. Thames/Wescot. Think it was prob. passed to Westcot before you sent in your CCA so your dealings are now with Wescot.

 

Have you heard anything at all from Westcot? If not suggest you write to them, copying them with Thames' letter & putting the account in dispute 'cos of 12 days + since CCA request

[bjoh69]

yes i have heard from wescot and their client now seems to be thames credit.wescot have asked for my three previous addresses.i expect all this is because thames have failed to come up with a cca.

[foolishgirl]

In that case bjoh suggest you write to them, supply the addresses as requested & copy them with Thames' letter & put the account in dispute 'cos of 12 days + since CCA request.

 

If you need further help, suggest you now post in the Wescot forum

[afta05]

Just checked the stuff Lowell sent me for the SAR. There is no statement of payments, just a balance that they say I owe.

[foolishgirl]

Afta - I've now looked again at the Capital CCA.

 

1. There is mention of T&Cs overleaf. Did they send you a copy of this?

 

2. I don't agree the calculation of interest but I'm not good at this so could be wrong. I suggest you post here asking someone to check it for you with the pdf/link to this thread:

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

or here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful-7.html

Edited September 19, 2008 by foolishgirl
addition

[afta05]

Thank you again foolishgirl. Here are the T&C that were on page 2.

scan0003.pdf

[afta05]

Foolishgirl. I posted the agreement on the first of the threads you mentioned but I'm a novice at this and may have not done what you expected. Could you help me? No-one has picked up the request for a check yet.

 

When Lowell come back to me with their threats of court action, can I take up the issue of the SAR not containing any statement of payments with them? You have been a great help to me and I couldn't ask for more, but I'm still worried about how to respond.

[afta05]

Moorcroft, acting for Mint, were sent a CCA request in June and did not respond. Nothing was heard from them within the 12 +2 day period and I sent them a letter to say that the alleged debt was formally in dispute. Nothing further came but now I have a letter from intrum justitia chasing the same debt. They say, "We are now dealing with the administration of the account and have been instructed to collect the outstanding balance in full." It goes on as they usually do.

 

Do I tell them that the account is already in dispute or send them a fresh CCA request, or what should I do?

[foolishgirl]

Hi afta. You need to send them the 'bog off' letter i.e. the account was in dispute & it should not have been passed on to them -

 

eg: Amend to suit

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE .

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

 

[afta05]

Thanks foolishgirl - I will do as you suggest and keep you posted. There has still been no further communication from the other DCAs, including the one at thread 84 second para.

[afta05]

Have today received another letter from intrum although it was dated over a week ago. It is headed 'Notice of Intended Legal Action' and threatens me that action is being prepared for solicitors to issue court proceedings against me and all that that would mean to me by way of bailiffs, earnings attachments, security against property etc.

 

They have ignored my bogoff letter that you suggested foolishgirl (which I thought was excellent) and I need to know how to deal with this new threat. Grateful for your continued help.

[foolishgirl]

Hi Afta

 

Did you send the bog off letter Rec. Del? if so, get a print out of the POD from the Royal Mail website asap & keep it with your paperwork as a 'just in case'.

 

I think Intrum are just being prats, prob. no intention of proceeding with legal action, just a ploy to make you panic. And you're not in panic are you afta?! Course you're not, just laughing at them.

 

However if you do, by any outside chance, receive a county court summons from them, post back here .You have the absolute defence so they won't get very far if you follow the procedures correctly & you'll be able to claim against them for wasted costs etc.

 

In the meantime - have another cup of tea....

[afta05]

Stupidly I didn't use recorded delivery for my bog off letter so I'll send a copy now by recorded just so I can show the evidence. Thanks for the reassurance, I'll enjoy the tea now!

[foolishgirl]

Did you get a proof of posting? If not, yes send the letter again marking it in big red letters 'copy, previously sent on xxxx'.

 

If they send you another LBA letter, think you should report it to TS & OFT. It should stop them playing silly beggars & if it doesn't it provides more ammo for a court case should it be necessary.

[make them aktiv runners]

Have today received another letter from intrum although it was dated over a week ago. It is headed 'Notice of Intended Legal Action' and threatens me that action is being prepared for solicitors to issue court proceedings against me and all that that would mean to me by way of bailiffs, earnings attachments, security against property etc.

 

They have ignored my bogoff letter that you suggested foolishgirl (which I thought was excellent) and I need to know how to deal with this new threat. Grateful for your continued help.

 

Sounds like their standard threat-o-gram. Does the letter contain more information about what could happen re further court action could be taken after a successful judgement as opposed to actually applying for judgement, if so it is one of their usual spiels.

 

The Bogoff letter looks okay except they have sent something. I would be tempted to add the documentation so far does not constitute an enforceable agreement.

 

You admit to not having sent the letter recorded. Add to it if you wish as above. Also do it as a new letter referring to the previous one. Also make it clear that it is your final correspondence and it must be dealt with via their complaints procedure.

 

Should they fail to respond directly to your complaint within 8 weeks you can complain to the FSO.

 

If they do carry out their threats you have proof of your correspondence. In the worst situation they will take it to court and conveniently provide a valid CCA, this is where your proof comes in as it can make the judge see you have tried to sort out of court and therefore are not liable for costs due to their failed responses.

[afta05]

Thank you for both those replies which I will act upon. Will keep the forum posted.

[foolishgirl]

The Bogoff letter looks okay except they have sent something. I would be tempted to add the documentation so far does not constitute an enforceable agreement.

 

 

Don't think they've sent anything Aktiv but it's now such a long thread, perhaps Afta will confirm?

[afta05]

They took over the threats from Moorcroft when Moorcroft. acting for Mint, failed to provide a CCA agreement back in June. I have only had these two letters from intrum, nothing else. I have heard nothing from Moorcroft or Mint since the CCA request was made.

 

I sent a copy of my oringinal bogoff letter to intrum today with a covering letter (recorded delivery).

[foolishgirl]

Thanks for confirming afta, I think the bog off letter is fine as it stands then - just make the necessary amendments to suit your particular case.

[afta05]

Have received another (the third) threatening letter from intrum. This time they say their field agents are being informed as I have ignored their letters. In fact I have sent them two letters, the bog off and then a further bog off by recorded delivery. They have not acknowledged anything I said so presumably they don't read my letters anyway.

 

What do you suggest now? Formal complaint to them or report them to TS? Do you have a letter I could use?

[foolishgirl]

Don't worry, the threat re. field agent is prob. just that - a threat. Ignore it as far as Intrum are concerned. (see below)

 

However this seems to have now reached the stage of severe harrasment & I suggest you inform your local TS immediately.

 

Just briefly list the sequence of events leading up to Intrum getting involved then enclose copies of all corresp. you have sent them & vice versa. Tell TS that the continual harassment is causing you intense distress, it is unlawful (quote the Admin of justice Act 1970) & you want them to act quickly.

 

In the meantime, just in case someone does turn up at your door, get his name, do not let him in under any circumstance, explain that you have already written to Intrum several times regarding this harassment, that the matter is in the hands of TS & that any return visit will be treated as the offence of trespass - an offence that is committed personally by the agent (not the company sending him!) & you will take steps to prosecute. He won't hang about!

[afta05]

What I have done is to send them a formal letter of complaint. If the response is not satisfactory and they do not stop the harassment then I will inform TS as you advise. Thanks for the advice re doorstep visitors. I also feel that they are just trying it on and hope that this will be the end of it.

[afta05]

Received letter from Intrum today in response to mine.

"We received your account on XXX 2008 with instructions to seek recovery of an outstanding balance. I can assure you we were acting in good faith on the data provided by out client and had no reason to doubt the validity of the information supplied. I can also confirm that any letters sent to customers by IJ are authorised by our client. However, please accept my apologies if you feel that the number of letters you have received has been inappropriate.

 

In light of your concerns, I have closed this account and returned it to OC. You will receive no further communication from IJ in relation to this account."

 

They thanked me for bringing the matter to their attention and sent me a leaflet telling me how to complain to the financial ombudsman.

 

I do appreciate your advice foolishgirl and thanks again for helping me deal with this.