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Old 15th May 2007, 23:21   #1 (permalink)
weej
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I am in: Scotland
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Default Old debt being chased by buchanan c & w

Been a while since I was on the site, but I have a new problem.

been getting a few letters from BCW recently and called them the other day to find out what it is all about. They are chasing me for approx £300 from an agreement I apparently signed in 1994 and stopped paying in 1995. truth is, I dont know if I can remember anything about this.

So......I have asked them to forward me a copy of the credit agreement. But I was thinking....Is this potential debt not time barred and therefore unenforceable?????? any advice on what to do next would be great.



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Old 15th May 2007, 23:41   #2 (permalink)
diskmandave
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Default Re: Old debt being chased by buchanan c & w

I would send them the CCA request letter and head it in bold underlined italic capital letters that you do not acknowledge any debt to them.

The Limitation Act 1980: Debt must be acknowledged in writing signed by the debtor.

Once Statute Barred, NO amount of acknowledgement can make it unbarred!
Send them the Statute Barred letter too.

HTH

Regards, Dave.
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Old 16th May 2007, 00:38   #3 (permalink)
weej
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Default Re: Old debt being chased by buchanan c & w

Cheers Dave. Just to be a pain, could you point me in the direction of the template?


This is a bit weird........like going back home and not really recognising anyone. Last November, I knew about 50% of people on the site!.

ps. The (really obnoxious) girl I spoke with on the phone told me the debt was still live because I had "absconded" and didnt let people know a forwarding address. Is this just BS??? I did move to Wales about 10 years ago with my work.

Needless to say, I really would like to stick one on them. Their attitude really was shocking.


thanks again for any help guys
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Old 16th May 2007, 01:16   #4 (permalink)
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Default Re: Old debt being chased by buchanan c & w

Quote:
Originally Posted by weej View Post
Cheers Dave. Just to be a pain, could you point me in the direction of the template?


This is a bit weird........like going back home and not really recognising anyone. Last November, I knew about 50% of people on the site!.

ps. The (really obnoxious) girl I spoke with on the phone told me the debt was still live because I had "absconded" and didnt let people know a forwarding address. Is this just BS??? I did move to Wales about 10 years ago with my work.

Needless to say, I really would like to stick one on them. Their attitude really was shocking.


thanks again for any help guys
Tell her you were doing time for murdering someone who annyed you on the phone.

Seriously though. If you have paid nothing on it for six years or acknowledged it in writing within six years of the last payment then can basically take a flying ****. They debt may still exist but there is sweet FA they can do about it. I wouildnt even wast the price of a stamp replying to them. Thay are talking crap
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Old 16th May 2007, 07:42   #5 (permalink)
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Default Re: Old debt being chased by buchanan c & w

Yes, the absconded line is total BS !

Here's the template..
http://www.consumeractiongroup.co.uk...tml#post162367
The statute barred letter is the one above it

Regards, Dave.
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Old 17th May 2007, 21:51   #6 (permalink)
Innocenti
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Default Re: Old debt being chased by buchanan c & w

From what i can gather Buchanan Clark and Wells have bought a load of old debts and are trying strong arm tactics. They are saying anything to make you think the debt is still active.
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Old 18th May 2007, 00:20   #7 (permalink)
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Default Re: Old debt being chased by buchanan c & w

Quote:
Originally Posted by Innocenti View Post
From what i can gather Buchanan Clark and Wells have bought a load of old debts and are trying strong arm tactics. They are saying anything to make you think the debt is still active.
Legally the debt never goes away, dont forget that. Bad news

GOOD NEWS After 6 years if its not paid or a written admission made of it then they can NEVER enforce it. They can try whatever nully boy tactics, lies and bluffs they wish. After 6 yrs they can do F ALL about it and you can tell them to Foxtrot Oscar
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Old 18th May 2007, 00:29   #8 (permalink)
gizmo111
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Default Re: Old debt being chased by buchanan c & w

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Originally Posted by ODC View Post
Tell her you were doing time for murdering someone who annyed you on the phone.
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Old 18th May 2007, 00:31   #9 (permalink)
rory32
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Default Re: Old debt being chased by buchanan c & w

wwej, you may want to read this http://www.consumeractiongroup.co.uk...-guidance.html The statute barred is towards the end. Please report them!!
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Old 18th May 2007, 00:58   #10 (permalink)
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Default Re: Old debt being chased by buchanan c & w

Quote:
Originally Posted by rory32 View Post
wwej, you may want to read this http://www.consumeractiongroup.co.uk...-guidance.html The statute barred is towards the end. Please report them!!
I agree with Rory ALWAYS COMPLAIN ALWAYS REPORT THE SCUMBAGS
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Old 18th May 2007, 09:39   #11 (permalink)
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Default Re: Old debt being chased by buchanan c & w

I have also been having trouble with BC&W, they are now in default of their obligation to supply me with a copy of a signed CCA.

Don't speak to the scumbags on the phone, when I used to (way before I learnt of the wonders of CAG) they wpuld bully, make me cry and threaten they could seize my animals and put me in prison, ensure when you do write to them, that you state you require every piece of correspondance from them in writing, this also seems to annoy them too!
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