Buchanan, Clark & Wells

[jaffacat]

Hi all.
BCW have been pestering me for a debt I owe to Provident. They haven`t bought the debt - they`re just chasing it on behalf of Provident.
I sent them a CCA request last week and they sent a letter back today saying that as they weren`t the creditor,they do not hold records of credit agreements.
I was under the impression that anyone chasing you for a debt had to supply this by law, whether or not they were the creditor.
Am I wrong?

[gavv8]

I am going through the same thing with bcw claiming they are trying to collect on a debt on behalf of cabot financial who are themselves a dca???
They only ever contact me by phone, never in writing, a very odd company.

[jaffacat]

Anyone help???

[Bigmac versus]

jaffacat you are correct in that thinking. Regardless if they are the orginal debtor or not they need to respond to a cca request and must have a deed of assignment.

[Bigmac versus]

If what they were saying was true you could phone anyone and demand payment from them for someone else, lol, hell with what proof.

[jaffacat]

Thanks George. hat do you recommend I do now then? Send them the CCA again and put them right regarding the law?

[Bigmac versus]

Well you should threaten them with reporting them for non-compliance on this issue to TS (trading standards), advise them that you will make a complaint and in the meantime you are sending another cca recorded delivery which you expect to be dealt with correctly and if you wish you could say that their timeline remains the same as the first letter stated..

[KHMcBey]

Originally Posted by gavv8

I am going through the same thing with bcw claiming they are trying to collect on a debt on behalf of cabot financial who are themselves a dca???
They only ever contact me by phone, never in writing, a very odd company.

They only write to me after I told them to remove my telephone number from their database and sent them a very nasty letter.... According to another thread, they're not registered with the Information Commissioner and shouldn't be holding your info anyway...

[lookinforinfo]

Jaffacat, there are a number of statements made on your thread that are incorrect.
Under the Consumer Credit Act, the request is intended to be sent to the creditor. However, it is surely not beyond the wit of BCW to forward it, as
most other DCAs do. There is nothing in the CCA request that includes
sending the deed of assignment.
I would write back to BCW stating that as they are acting on behalf of the
creditor they comply with your request, or pass it on to Provident. In the
meantime they cannot pursue you for the debt, and Provident will take a
dim view of their action to ignore the request since it now inevitably means
that they will be unable to comply with the Statutory duty [since the clock is still ticking from last week]to respond.within twelve working days and will thus be in default.
Do not send them another CCA request as they may
choose to start counting from your second request, rather than the first.

Advise them that you will report them to Trading Standards if they do not
send you the necessary documents. And ask them under what licence from
the Information Commissioners Office are they operating as they do not appear to be properly registered
to be able to process debt collection under the terms of the Data protection Act. If you do not receive a satisfactory explanation, you will make further
enquiries with the Information Commissioners Office.

[jaffacat]

Hi lookinforinfo,

thanks for that, but I searched the Information Commissioners Office website and checked under BCW plc and it appears that they are registered:
Purpose 4

Debt Administration and Factoring

Purpose Description:

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business.

Data subjects are:

Customers and clients
Relatives, guardians and associates of the data subject

Data classes are:

Personal Details
Family, Lifestyle and Social Circumstances
Goods or Services Provided
Offences (Including Alleged Offences)

Sources (S) and Disclosures (D)(1984 Act). Recipients (1998 Act):

Data subjects themselves
Relatives, guardians or other persons associated with the data subject
Current, past or prospective employers of the data subject
Business associates and other professional advisers
Other companies in the same group as the data controller
Suppliers, providers of goods or services
Credit reference agencies
Debt collection and tracing agencies
Traders in personal data
Central Government
Courts / Tribunals

Transfers:

None outside the European Economic Area

[lookinforinfo]

Jaffacat, they are registered under the Avance group, not in their own name.
Which would appear to conflict with the Data Protection Act inas much as
the requirement is for a company to be registered with the Information Commissioners Office to process data, not to use another companys' registration.

[dooley35]

Hello

I need help dealing with BCW. I am taking legal action against LTSB for bank charges, but they passed to BCW, LTSB still own debt. I have asked BCW to stop sending demands for payment while court case is in progress, they have refused. What can I do to stop BCW fromsending demands for payment? Can i get a court order to stop them? I am also making a complaint against BCW with the OFT, and my local trading standards.I would like to know if I can make claim against BCW for all the distress I have suffered at their hands?

Thanks everyone for the advice on how to deal with them. I have contacted trading standards and the OFT and i am in the process of making a complaint against BCW. I have also written to them using the letter damo has posted. I hope it dose the job.

Thanks for all your advice
Dooley

[lookinforinfo]

Dooley, just report them to TS and let them deal with it. When you have done
that, write to BCW advising them what you have done and tell them any further action will also be reported.

[damo1312]

Jaffa and Dooley..

I have drafted a letter that may be useful that I have used in the past.. it's basically one to tell the DCA (in this case, that'll be BCW) to sod off and that you'll only deal with, say, Provident or Lloyds (or whoever the original creditor is)

Let me know if it'll be any use, and I'd be happy to send / post it on here swhere.. ?

Damo

[afa34]

Originally Posted by damo1312

Jaffa and Dooley..

I have drafted a letter that may be useful that I have used in the past.. it's basically one to tell the DCA (in this case, that'll be BCW) to sod off and that you'l only deal with, say, Provident or Lloyds (or whoever the original creditor is)

Let me know if it'll be any use, and I'd be happy to send / post it on here swhere.. ?

Damo

damo, unless i have lost the plot, have you posted the letter you used. if not can i have a copy. afa34.

[damo1312]

Hi Jaffa..

don't worry, you're not losing it (that's my job..)

I have indeed sent the original, but I do all of my letters in Word and always save at least one copy (saves handwriting, and having printable copies makes life so much easier.. )

I've posted the bit that matters, as it is part of a longer letter, and the other bits prob wouldn't be relevant.. pinch what you need and/or is relevant, and feel free to leave what you don't...

Red bits below: add the relevant info
Pinky-purply bits below: delete if you don't need 'em

Anyways, here it is and hope it helps

Damo

Dear Sir / Madam,
I write with reference to the above correspondence.

As you are well aware (if you have fulfilled your legal obligations by obtaining all information pertinent to this Account before embarking on intimidatory claims, contrary to Section 40 of the Administration of Justice Act 1970, the Malicious Communications Act 1988, the Protection from Harassment Act 1997 and the revised July 2003 (updated December 2006) OFT Debt Collection Guidance), not only am I in dispute with (whoever the original creditor is) over the entirety of this Account, but both (original creditor) (and, by Association, (evil DCAs)), due to their failure to adhere to the above Acts of Statute, and as possible accessories to a Criminal Offence, as outlined in the enclosed letter) are operating under the imminent threat of legal action by myself, by virtue of the fact that they have:

(add points, which may or may not include..)
Refused to acknowledge a dispute, and calculate the Correct amount actually owing, if any;

In addition, you also appear to be attempting to add unlawful (and unenforceable) Penalty Charges to the Account (when these do not represent a legitimate pre-estimate of your costs, contrary to

Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd (1915),
Ford Motor Co. v. Armstrong (1915),
Bridge v. Campbell Discount Co. Ltd. (1962),
and Murray v. Leisureplay (2004),

amongst others).

Finally (in an apparent attempt to circumvent their legal obligations) (original creditor) have attempted to pass the Account onto you (as referenced in your letter, dated as above).

In view of the above, I do not recognise any debt to your company, and must insist that you pass the details you hold back to (original creditor)(whoever transpires to be the legal owner of the debt, as this fact is currently ambiguous).

Should you attempt to continue to condone (original creditor's) unlawful actions by taking any action whatsoever against me (including, but not limited to, those outlined in your letter) then I shall reserve the right to treat you as attempting to condone the aforementioned illegal/unlawful actions (and therefore, acting as an accessory) and pursue you with the full weight of appropriate legal sanction (as stipulated elsewhere in this letter) without further reference to you.

I await your immediate response, by return, to the points raised in this correspondence.