Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hiya,
I've just found this forum and need some help.
I received a letter today from buchananclark&wells and don't know how to respond to them.
It says that they have recently taken over the management of this account (Home Learning College) Debt Outstanding £507.00.
It goes on to say
"We appreciate that this balance is long overdue and are sure you would like to bring it to an amicable conclusion.
Unlike other debt collection Agencies we at BCW would like to help you in this process.
We are able to agree an instalment plan that will meet your financial situation. In fact we can assist you by completing a full financial plan to forecast a repayment schedule for all your outstanding accounts. This is a genuine service free of charge. We use our specially developed software which takes no more than five minutes of your time to complete.
We are also in a position to offer a very lucrative one off settlement relieving you of this liability once and for all.
in closing, we do hope you will take advantage of our help and contact us today on the telephone number below. This account is not going to go away but this is a real opportunity to regain peace of mind.
Yours Faithfully etc etc "
OK! A couple of years ago I signed up to do a home computer learning course - paid over £500 to them but they didn't respond when I needed help as they said they would. I then moved down to London and cancelled the payments to the college. I don't know how BCW got my new address but I haven't a clue what to do next. I've drafted an email and would be grateful if someone could give me advice on whether to actually send it to them or not - I've read loads about this BCW company on here. Help will be gratefull accepted. Here's a copy of the email I've drafted. I don't have copies of anything as I chucked it all out - hadn't heard anything back from the college for so long I thought the matter was closed long ago!:-
Dear Buchanan Clark & Wells,
Thank you for your letter received today regarding the Home Learning College.
I was "encouraged" to take out this course by someone who visited my house a couple of years ago.
Unfortunately, I did not receive the support I was promised and could not complete the work involved - this was despite my attempting to contact my tutor several times.
I paid quite a lot of money (over half the course fees - about £500) for no service at all and thus decided to drop the course as I considered it a breach of promise on their part.
I informed them of my decision in writing and told them that I would not be making any further payments to themselves. This was several months ago and, since I, again, received no response from the college assumed that the matter was at an end and they accepted that they had not fulfilled their obligation to me as a fee paying student.
I have no intention of paying a debt that I do not believe I owe. In fact, I believe I have a case against the college for breach of promise and, should you pursue this matter in the courts, I will be taking my own action against the college and indeed yourselves.
I do not believe that they had the right to pass my details onto you as a debtor as I have made every effort to make contact with them.
I would suggest that you go back to the college and obtain my records which will bear witness to what I am telling you.
I, too, would like this matter resolved in an amicable manner as I am not by nature a litigious person. I must tell you however that, as the college did not fulfill their contract with me, I believe that I have already paid them above and beyond what I should have already.
I look forward to hearing from you.
Firstly, you need to request a copy of your consumer credit agreement (CCA) from BCW to establish thier right to collect any alledged debt. The template letter is as follows:
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
YOUR ADDRESS
DATE
THEIR ADDRESS
Dear Sir/Madam
Re:− Account/Reference Number XXXXXXX
With reference to the above agreement, I/we would be grateful if you would send us a copy of this credit agreement.
I/We understand that under the Consumer Credit Act 1974 (Sections 77−79), I/we am/are entitled to receive a copy of my/our credit agreement on request. I/We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be used for any other purpose.
I/We understand a copy of my/our credit agreement should be supplied within 12 working days.
I/We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
I/We look forward to hearing from you.
Yours faithfully
Mr A N Other
Fill in your details and amend accordingly. Enclose a £1 postal order which is the fee for the CCA (keeping a record of the number so you can check if it's been cashed) and send it recorded or special delivery. Personally, I'd include your suggested e-mail in letter form (e-mail it as well if you wish) and send it with the CCA request as then you will have proof of reciept. Keep copies of your correspondence for your own records along with anything you recieve from BCW. DO NOT PHONE THEM, and if they phone you, you DO NOT have to speak to them.
Good luck and best wishes,
BB
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Were the repayments regulated by a credit agreement??
You can also inform them that as the matter is still in dispute with the college they had no right passing your account on and that both the college and BCW are now breaching the OFT guidelines on debt collection practices.
Hiya,
Can you advise who I make the cheque payable to - is it to Buchanan? Does it have to be a postal order??? Do I send the cheque/p.o and the letter requesting the check directly to Buchanan???
BCW are chasing for the money so it needs to be sent to them, letter & p/o.
Most of us advocate sending a method of payment that doesn't include your signature, this is both for the purpose of the limitation act 1980 and so no one can lift your signature for illegal purposes.
BCW then have a legal obligation under Section 175 of the Consumer Credit Act 1974 to pass your request on to the original creditor.
Regards, Dave.
If my post was helpful don't forget to click the star!
Advice is offered freely, without liability and without prejudice.
If in any doubt professional legal advice should be sought.
I do not profess to be in any way legally trained, I am a big
oily truck driver and all I know has been learned within the
Consumer Action Group.
Gosh, that was a quick response. Thanks once again.
With regards to signatures - what about the signatures on the letter???? Should I just print my name at the bottom of the letter?
Hiya again,
More advice needed please. I haven't sent the letter to BCW yet - need to get to the Post Office to get a postal order. However................
Today I got a letter from someone called APEX Credit Management LTD.
There was a box in the middle of the page saying
Start of message
Please call Alan Edson on .......... ext 1567.
STOP
End of message.
Down the bottom of the letter it states that they are part of the BCW Group PLC.
There is no reference to their original letter and I'm confused as to what they are trying to do!
Are they actually a legitimate debt collection agency?
Should I simply ignore these letters rather than go to the hassle of sending recorded delivery etc?
Has anyone else had dealings such as mine???
Will I be rocking the boat by sending that request for my original credit agreement?
More advice needed please. I haven't sent the letter to BCW yet - need to get to the Post Office to get a postal order. However................
Go to the Post Office... Get the Postal Order... Send your letter, by 1st class recorded, or by Special Delivery if funds will stretch...
And then... Chill out... Don't contact anyone, keep all of your postal receipts, don't speak to anyone on the phone, tell anyone who calls to contact in writing only... And then get stress free!
Any more problems, post again....!
Best of luck... Dave...
If my post was helpful don't forget to click the star!
Advice is offered freely, without liability and without prejudice.
If in any doubt professional legal advice should be sought.
I do not profess to be in any way legally trained, I am a big
oily truck driver and all I know has been learned within the
Consumer Action Group.
Probably because their reputation as BCW has made them a laughing stock
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Well they're still here: BCW Group plc
It's the 'Contact Us' page, so if they've changed they should be changing this today.
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
That's assuming they know how to change their website
"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.
Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.
If you do PM, make sure to include a link to your thread as I don't give out advice in private BB 13 - DCAs/banks and solicitors 0.
I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...
<--- If you feel I've helped, please twinkle my star
Maybe they can't afford the website designer's fees??
Oooh ooh wishful thinking. Haven't checked our lottery ticket either!!
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
I have received a telephone message from them today which says they are Apex Credit Management formally BCW.
Shazza have you sent them the CCA request?
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
We will not be intimidated.
'The pen is mightier than the sword'. Petition to Outlaw Debt Sale and Purchase
- can't read/post much as eye strain's v.bad.
VIVA CAG!!!
BCW Group plc & Home Learning College
Agencies we at BCW would like to help you in this process.
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Welcome to 
Originally Posted by Shazza50
