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.
Hi, im new to the forum found it through google. im having a rather bad problem with buchanan clark and wells at the moment,what happened is...
i got a o2 contact phone out in my name for my ex gf's little sister as her mother couldnt get one in her name so i did it out of a favour(belive me it wont happen again). some how she managed to get herself a £600 debt, we called into the O2 shop and spoke to them there, the girl in the o2 shop phoned up O2 as she didnt understand where the debt have come from. she then carried on arguing with the person on the other end of the phone. anyway nothing has been resloved and my ex's mum has not paid nothing towards this bill yet which has now been passed onto buchanan and wells.
i had numerous letters to my home address threatening me with bailifs and court action. i have spoken to them on the phone on various occasions also(there no use what so ever and there customer service skills are none existant).
recently i spoken to buchanan and clark and offered to pay them £40 per month towards this bill. as im not the person who is going to be paying for this my ex's mother is, she dont work and has 3 children so can only afford to pay this, however they have refused and want £50 a week.
ealier on today i had a txt message on my phone asking me to contact them, i rang them and they want me to fill out a finance and expenditure form? i have refused as i am not the one who is going to be paying this bill(i know its in my name tho so im liable for it). does anyone have any idea what i can do? somone said they cant take you to court aslong as you have offered to make a payment?
i got a o2 contact phone out in my name for my ex gf's little sister as her mother couldnt get one in her name so i did it out of a favour(belive me it wont happen again).
So, in effect you have signed as a guarantor? Apart from that, don't bother phoning BCW again, listen to the help you will get here. Someone will be along shortly with what exactly to do next.
we have even contacted o2 and requested that they change all the details over in my Ex's gf mums name which i think they have done now? she still pays the monthly bill of £35( i think) a month for the contract
Hi, im new to the forum found it through google. im having a rather bad problem with buchanan clark and wells at the moment,what happened is...
i got a O2 contact phone out in my name for my ex gf's little sister as her mother couldnt get one in her name so i did it out of a favour(belive me it wont happen again). some how she managed to get herself a £600 debt, we called into the O2 shop and spoke to them there, the girl in the o2 shop phoned up O2 as she didnt understand where the debt have come from. she then carried on arguing with the person on the other end of the phone. anyway nothing has been resloved and my ex's mum has not paid nothing towards this bill yet which has now been passed onto buchanan and wells.
i had numerous letters to my home address threatening me with bailifs and court action. i have spoken to them on the phone on various occasions also(there no use what so ever and there customer service skills are none existant).
recently i spoken to buchanan and clark and offered to pay them £40 per month towards this bill. as im not the person who is going to be paying for this my ex's mother is, she dont work and has 3 children so can only afford to pay this, however they have refused and want £50 a week.
ealier on today i had a txt message on my phone asking me to contact them, i rang them and they want me to fill out a finance and expenditure form? i have refused as i am not the one who is going to be paying this bill(i know its in my name tho so im liable for it). does anyone have any idea what i can do? somone said they cant take you to court aslong as you have offered to make a payment?
hope this makes sense
Best to send them the "prove I owe you anything letter", and see what they come up with. Also might be worth a SAR request to O2 to find out exactly how they come up with £600.
Don't pay them anything until they comply with both requests.
Also don't fill in any income and expenditure forms. You're under no legal obligation to do so. Never tell a DCA anymore than nessecary. Also don't speak to them on the phone. They will try and bully you into accepting things with no paper trail to back it up. Insist everything is kept in writing.
Also they will try and threaten bailiffs, etc. But it's all hot air designed to scare you into paying. They can only get a bailiff in, if they have taken you to court, managed to get a CCJ against you, and then you hae to fail to keep up payments on the CCJ. Only then can they send a bailiff in.
First off all they have to provide proof that you owe anything at all.
Send them this letter and see what they reply with........
Just edit the bits to suit your own needs.
Dear Sir/Madam
Account no:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are 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/we 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.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we 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/we look forward to your reply.
**Edit to suit**
Regards.
---------------------------------------------- Fuzzybobble - 40 DCA's - 0 ---------------------------------------------- These are video links to show how I deal with DCA's
What is the state of your credit record? Have you had a copy from Experian and Equifax et al?
If it is quite good, then believe me you don't want a default being put on it - it will cause you hassle for the next six years.
See if you can get it all put in her name, but even then, you signed the original paperwork so it could come and bite you at some point down the track.
You may have the moral high ground, there are plenty of people on here who have that - but it counts for SFA, frankly.
IMO you need to get this debt "in dispute" then they cannot default you (I think). Get copies of your various credit files, and if it's OK, then you SERIOUSLY do not want a default on it!
I know it's not much comfort to you but I've today had a copy of a credit agreement that is blatantly illegible for a debt they have been chasing me for, so they are getting told, in very polite terms you understand, to bog off!!
But I am not an expert mate, so do get other opinions
i keep getting calls on my mobile from a 0845 number, not answered them so far. i phoned one back this morning and its BC & Wells, am i best off not answering these and let them contact me in writting? as you said
just received a phone call to my place of work from buchanan clark and wells!!!!!!!! really ****ed me off (sorry for the language). basicly told them if they want to speak to me they need to send me a letter as i have told them in the previously letter i sent them.
i also told them if they ring me again i will report them to the OFT for
harassment.
there is a letter in the templates section that you can send to deal with the telephone harassment. If they call again and you take their call (I advise you don't speak to them at all) then inform them that you will only deal with them in writing and put the phone down. Do not try to reason with them, they are very pushy and very rude.
Halifax Credit Card - claimed £404, settled at £387.50
BoS Current Account - £3600 claimed successfully, working on default removal
BoS Loan - Default removed
Vodafone - Default removed
ex-Landlord - successfully got him to drop his counter-claim, settled out of court after 3 hearings
OMG that is SO bad, as well as being possibly illegal - but I am certain it is against OFT guidelines.
Send the "don't call me letter" and see where that gets you - but as I said previously, do your best to make sure that they do not register a Default against your credit record.
DO NOT assume anyone will play fair, as they won't. See if you can get the debt "in dispute" so they cannot legally register a default against you.
ok got an update on whats going on. received another letter threatening to send round a debt collector as i have not stuck to there agreement, basically they wanted £50 a week off me and i told them theres not a chance, this was all before i sent these letters.
also i have received yet another phone call from them even though i have sent the 2 letters above. told the woman that i was recording the phone call and that i will be reporting them to OFCOM. what can i do now?
i have actually recorded the call on my mobile. all the women on the phone kept saying is there was nothing she could do because i would not confirm who i was.
Stop picking the phone up to them. Do not talk to them for any reason. only in writing. If they keep harassing you by phone, report them.
Halifax Credit Card - claimed £404, settled at £387.50
BoS Current Account - £3600 claimed successfully, working on default removal
BoS Loan - Default removed
Vodafone - Default removed
ex-Landlord - successfully got him to drop his counter-claim, settled out of court after 3 hearings
Telephone Number: {Your Telephone Number} Re: Harassment by telephone
Dear Sir/Madam.
I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.
I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.
This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.
By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.
It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.
It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.
Continued interference with my contractual rights in this manner may result in legal action.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.
Be advised that all telephone calls from your company will be recorded.
Yours faithfully,
Amend to suit, add a bit about your work number and the previous letters you've sent, do not sign, print your name, send recorded and keep a copy with your postal receipt.
Request a copy of their complaints procedure and make a fromal complaint against them. They 8 wekks to reply in a satisfactory manner or you then report them to the fos.
"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...
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buchanan clark and wells....
contact phone out in my name for my ex gf's little sister as her mother couldnt get one in her name so i did it out of a favour(belive me it wont happen again). some how she managed to get herself a £600 debt, we called into the O2 shop and spoke to them there, the girl in the o2 shop phoned up O2 as she didnt understand where the debt have come from. she then carried on arguing with the person on the other end of the phone. anyway nothing has been resloved and my ex's mum has not paid nothing towards this bill yet which has now been passed onto buchanan and wells.
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Originally Posted by Smok3d
