Thread: Buchananclark + Wells – Not my Debt

Hello,

My son left home in 2000 and currently works overseas, he has not been back to the UK for more than two weeks a year and not at all some years. He has not been shown at this address on the Electoral Register since 2001.

About 6 years ago, Abbey started sending letters to him demanding the repayment of his Graduate Account overdraft. Despite numerous letters to Abbey saying he no longer lived here, the letters continued, followed by letters from DCAs. Eventually, again after numerous letters to all and sundry and the Financial Ombudsman, Abbey apologised and we heard no more.

Until this month. So far three letters have arrived, the last being a FORMAL DEMAND, all from this Buchananclark + wells DCA. I was about to write to them but decide to look them up on the internet first. I was not surprised to find them on this site.

My questions is, should I go ahead and write to them, explain that my son no longer lives here etc etc; or should I just leave it?

Regards,
BOF

Did you accuse them of sending a Genetically Modified CCA?

Love it! If you get Incredimail you could do some really creative special effects for them..make your replies look like a Summons, for instance
(and it tracks whether they've got the mail too )

Thanks folks, a very interesting read!

A slight hitch in the timings has come to light. I had forgotten that in early 2006 my son came home for a short break between contracts and within a few days was offered a very well paid job in the UK. He opened a load of letters gathering dust in his room, one of them from another DCA about his Graduate loan. He responded and said he would clear it within a month or two (the offered job was that well paid!). I do not recall if he ever had a response to his letter.

However, when he actually started the job, it turned out the actual salary was not a 'salary' but an "estimated earnings" based on a whole host of factors. Lesson Number 1, read the small print! Lesson Number 2, listen to your dad!

He resigned the same day, made some phone calls to Europe and went back over there a week later, more the wiser I hope. So the 6 year rule does not appear to be relevant in this case.

I am still going to write to Buchanan, but will leave out the those bits.
Cheers,
BOF

Hmm, if it was to another DCA it's possible it may have got lost in the mists of time.
To be honest, I'd ignore that unless he actually made a payment, and send the statute barred letter anyway.
It's up to THEM to prove the debt, not vice versa.
Elsa x

Originally Posted by Undercover-Elsa

Hmm, if it was to another DCA it's possible it may have got lost in the mists of time.
To be honest, I'd ignore that unless he actually made a payment, and send the statute barred letter anyway.
It's up to THEM to prove the debt, not vice versa.
Elsa x

Point taken. I have no idea if he did make a payment; probably not because he spent most of his time chasing women and grazing through the kitchen!
Thanks for the advise.
Cheers,
BOF

Originally Posted by sillygirl1

Especially as they seem to have waited a long time to contact your son and are now contacting you - a cast iron case for an OFT complaint.

I presume because this is a 'fishing trip'?
Cheers,
BOF

This will be in the post tomorrow, sent by Recorded Delivery:

Dear Sirs,

Your Reference:
Client Reference:
Client:

I have received a number of letters addressed to my son xxx at this address in relation to the above alleged debt.

I am surprised to have received letters addressed to xxx as your client, xxx xxx Plc, is fully aware that my son has not lived at this address since 1999 and has been resident overseas since 2002. In 2006, following a complaint to the Chief Executive, xxx xxx Plc offered a full apology for the continued use of my address in relation to this matter. I was assured my details had been removed from their files. As this is obviously not the case, I will be making a complaint to the relevant authorities.

As a Debt Collecting Agency, you will know that under the limitation act 1980, Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”.

You will also know, under its debt collection Guidance on Statute Barred debt, the OFT say that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

I do not know the date of this alleged debt, but as my son has been resident at a number of temporary addresses within the United Kingdom since 1999 and permanently resident outside the United Kingdom since 2002, it is highly unlikely that your client or any of its agents has had any contact with him within the six year limitation period. Therefore, as you are no doubt aware, the alleged debt is now Statute Barred.

The OFT also states that continuing to press for payment for a debt that is Statute Barred could amount to harassment, contrary to CPUTR2008.

Unless you can provide documentary evidence of payment or written contact from my son in the relevant period laid out under Section 5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against him to recover the alleged amount claimed. Please note, sending computer generated letters to my son at an address which is known to be incorrect, does not count as ‘documentary evidence’.

I await your written confirmation that this matter is now closed and that no further contact will be made with us or our son concerning the above account.

Yours etc.
--------------------------------------------------------------

Any comments or advice?

Cheers,
BOF