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CB Vs Thames Credit aka A Case Study

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  • CB Vs Thames Credit aka A Case Study

    So a couple of weeks back I received an innocuous phishing letter from these "people" trying to track me down for a debt.
    As ever all the letter had on it was an agreement number and amount with the normal "call us" tag line.
    So I gave them a call as any debts I do have outstanding are well and truly Statute Barred.

    Luckily I ended up with Brain of Britain who insisted that Limitations didn't apply and that they could pursue any debt for TWENTY years. He did identify an address I lived at almost 10 years ago, but for a company I had never heard of.

    So cut to the weekend and on my return from The Pool I found this on my doormat:

    Dear Sir,

    Re: Account Number: Meaningless numbers
    Outstanding Balance £Some


    We refer to your above referenced account.

    Our records indicate that you have established contact with us and, we are grateful for that. Our ail is to resolve this outstanding balance.

    We can do this by offering you a significant discount on the balance of £Some, or by allowing you to repay the balance by monthly instalments.

    If it suits you to pay a discounted amount over 6 months, then we would be happy to listen to your proposal. There are many options open to you, and it is important that we can discuss these with you.

    Our offices are manned by trained personnel who are there to help you. Please note our above opening hours. We can take calls during the evening, if that suits you best. There is a freephone number, so your call will cost nothing.

    You need to understand that we will telephone you regularly to try to arrange payment. Please do not ignore this letter as your debt needs to be cleared.

    Finally, you should know that this balance is registered as outstanding on your Credit File, but once you commence payments with us, we will amend your record to show that the balance is being reduced. Once any agreed balance is settled, we will mark your Credit File as "satisfied". That will be of benefit to you.

    Please contact as soon as possible !

    Yours faithfully

    Threat-O-Matic 9000
    Bolds are theirs.

    So as ever nowt to ident the debt and even more cobblers than normal.

    So do I call or play with them a bit.
    Hmmmm choices to make, so off goes this:

    Dear Sir or Madam,
    Re. Reference number: some Aktiv Number

    I acknowledge receipt of your letter dated 3rd November, the contents of which are noted.

    Despite making contact with yourselves and requesting that you substantiate your claim, you have chosen to respond with further demands for payment.

    I would point out that I have no knowledge of any such debt being owed to any company.

    I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

    I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

    I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I expect a response within FOURTEEN (14) days of the date of this letter.

    I would appreciate your due diligence in this matter.

    Yours faithfully,

    Your Worset Knightmare
    So the clock is ticking and I can feel some fun coming on with this one

  • #2
    Re: CB Vs Thames Credit aka A Case Study

    Bah ! Thames Credit will roll over easy peasy lemon squeezy !

    Comment


    • #3
      Re: CB Vs Thames Credit aka A Case Study

      TC love giving all kinds of excuses as to why they are right and you are wrong don't they!!

      They are being little sods with me, so it will be really brilliant if you can kick their backsides into shape :tung:

      Comment


      • #4
        Re: CB Vs Thames Credit aka A Case Study

        Well they have no idea who they are dealing with do thye.
        I might sign my next letter Curlyben

        Comment


        • #5
          Re: CB Vs Thames Credit aka A Case Study

          Remember to also add lots of love and kisses!! We all know how much you loveeeeeeeee dealing with them!!

          Comment


          • #6
            Re: CB Vs Thames Credit aka A Case Study

            So letter received.
            I've been informed they are having a Xmas sale and are willing to give me a 30% discount on my unsubstantiated, statute barred debt.
            Generous people.

            I have a better idea of course.
            How about 100% and damages for harassment

            Comment


            • #7
              Re: CB Vs Thames Credit aka A Case Study

              I like your idea better!! Perhaps you could pop a Christmas Card in the response sessigns as they are feeling all festive!!!

              Comment


              • #8
                Re: CB Vs Thames Credit aka A Case Study

                So another letter received from my new friends.

                Dear Sir,
                We refer to your recent letter regarding the above referenced account.

                We do not believe that we fall within the definition of a creditor within section 189 of CCA 74. That is because the Act defines a creditor as the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law.

                In our case, we purchased on the right to recover the outstanding balance due under the agreement. We did not purchase the duties under the agreement and these where retained by the OC who sold us the debt.

                However, as far as we are able, we do wish to provide the information you require and which is required under the CCA, in an effort to resolve this matter,

                To this end, we have contacted the OC with a view to obtaining the relevant documents.

                Unfortunately, in this case, the OC has been unable to provide us with the information requested and as such we now inform you that we will cease all further collections activity in regards to this matter.

                Your account will however remain as outstanding with the CRA's for the prescribed period in accordance with the DPA 1998.

                Yours faithfully

                Squiggle.
                Well what a complete smelly pile that is.
                Shame they selected the CCA response template and obviously haven't even read my letter at all.
                Not only are they trying the old rights no duties cobblers, but they are then threaten me with inaccurate information held with the CRA's which for some reason they believe is covered by DPA.

                Total planks, it's Limitations Act

                At least it was within my 14 day deadline as it was dated 20/11, so they did get something right.

                Either way, that's it, game over.
                I must say I'm rather annoyed and let down as I had heard "good" things about Thames' grasp of CCA and relevant statute.

                Oh well on to the next ones then.

                Comment


                • #9
                  Re: CB Vs Thames Credit aka A Case Study

                  Don't worry - you can always take them on via me!! Something tells me I could be heading for a battle and your expertise would be very handy :help:

                  Comment

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