Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Buchanan Clark & Wells, Aktiv Krapital, and the Creditor as Barclaycard

    Received a letter from this outfit on Monday. It states;

    Dear Mr X,

    We are trying to contact Mr X with regards to a private matter. We have confirmed your address through a credit link obtained via a credit reference agency as being the same person who previously lived at the original above address.


    It then goes on to state they act for Activ Kapital and that I should make contact with them to provide relevant details. If I am not the individual concerned, contact them anyway and they'll remove me.

    To be honest the letter makes no sense? Are Activ Krapital not big enough to contact me? or is it a case of BCW trying to collect an alleged debt for financial benefit? Equidebt were at it a few weeks ago as well.........

    The debt(s) in question are, to the best of my knowledge, statute barredicon as it's now 5 years and 1 month after the last payment was made according to my credit file - although it's not 100% clear as one shows as last payment in Feb 2007, then payments missed from March 2007 onward, whilst the other shows no update for most of 2007 and then a default in January 2008.

    Naturally I'd like to draw a line under it and send off the SB letter, but I cannot be 100% sure there wasn't a token payment made after they stopped updating my CRF. So my options are;

    1. Ignore until they show their hand

    2. Send the SB letter - but risk them coming back with some sort of proof I paid something thus altering the SB date and flagging myself up to them.

    I'm inclined to go with 1. but happy for opinions!


  2. #2
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    Default Re: Buchanan Clark & Wells

    Fishing trip, ignore


  3. #3
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    Default Re: Buchanan Clark & Wells

    The date of the last missed payment is the cause of action and the sb clock ticks from there - six years in England and Wales but five in Scotland. If you are north of the border send the statute barredicon letter/If south of hadrian's Wall sit tight and ignore.


  4. #4
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    Default Re: Buchanan Clark & Wells

    if you are north of the boarder send the scottish sb letter.

    dx

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  5. #5
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    Default

    Quote Originally Posted by dx100uk View Post
    if you are north of the boarder send the scottish sb letter.

    dx
    Thanks dx and others,

    My only concern is that whilst my credit file shows the last payment officially being 5 years and 1 month ago, and I'm in Scotland, therefore suggesting SB, I'm worried there may have been a token payment made. At the time I was advised to ask for all my debt to be written off. If this wasn't accepted to pay nothing and await bankruptcy proceedings. This advice was given as I'm chronically ill.

    So is it best just to ignore, or risk the SB letter?


  6. #6
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    Default Re: Buchanan Clark & Wells

    i dont think you'll be 'risking' anything.

    sending the sb letter admits nothing

    dx

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  7. #7
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    Default

    Quote Originally Posted by dx100uk View Post
    i dont think you'll be 'risking' anything.

    sending the sb letter admits nothing

    dx
    I guess what I was angling at was if I sent the SB letter and there was indeed no token payment all is well. If however there was a token payment at some point (and I haven't remembered) then could it give them enough desire to start to pursue? In comparison to just totally ignoring it as it seems from reading on here the more you respond the more they pursue?


  8. #8
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    Default Re: Buchanan Clark & Wells

    yes agreed and thats always my view.

    the more you pull their chain, the more they trhink they have found a mug to fleece

    dx

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    Quote Originally Posted by dx100uk View Post
    yes agreed and thats always my view.

    the more you pull their chain, the more they trhink they have found a mug to fleece

    dx
    Thanks dx, much appreciated. I'll file it away and keep an eye on my credit reports. I'm hoping all this will start to tidy up next year when the defaults drop off. Hated all the worry I've had with the debt, which only added to my ill health. Really wanted bankruptcy at the time to draw a line under it all, and I considered it when the LILA scheme arrived but glad I didn't. It's such a mark against you it seems.


  10. #10
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    Default Re: Buchanan Clark & Wells

    well done, keep thinking that way, i never recommend any hard and binding wayout.

    dx

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  11. #11
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    Default Re: Buchanan Clark & Wells

    Well I've just spent an hour running through my bank statements online and I can confidently say I made no payments to any creditor from March 30th 2007 onward. I did have another account but I abandoned it due to being in the OD. So unless I sent them cash, or a postal order I know I couldn't and haven't made a payment since then. The only sticking point now may be working out when I last wrote to them as I was trying to negotiate. Trouble was they were so stubborn I gave up!

    Are they likely to produce a letter dated within five years that I may have sent, given they can't seem to even keep people's credit agreements on file?

    This may all be irrelevant given I plan to ignore, but a plan B is always worth having


  12. #12
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    Default Re: Buchanan Clark & Wells

    unless you specifically wrote a letter stating this is my debt and here is my sig acking the fact i doubt you'll have any issues.

    if you had then it would have been used by now,

    toxic lemon debt,, dropped like a stone.

    dx

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  13. #13
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    Default Re: Buchanan Clark & Wells

    Send the SB letter by recorded delivery (I think its called signed for these days) or these idiots will deny receiving it. If they continue to pester you for money you need do nothing more than report the cretins to the OFT. Should there have been a "payment" it is up to BCW to prove YOU made it.


  14. #14
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    Default Re: Buchanan Clark & Wells

    Thanks to all

    I'm just going to sit on it for now as I know I couldnt have made a payment anyway. If they ramp up the threat o grams I'll consider further action. My main aim now is letting my credit file clean up as the defaults drop off, and try to clean anything up that might appear due to DCAs playing silly beggars ;-)


  15. #15
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    Default Re: Buchanan Clark & Wells

    Well......

    Today I have received a 'Formal Demand' from BCW. In this they have identified the Client as Aktiv Krapital, and the Creditor as Barclaycard. They claim I owe almost 6k but according to my records Barclaycard sold it at just over 4k!

    What is the significance of this 'Formal Demand'? They state:

    "Our clients have informed us they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to comment legal proceedings if necessary"

    As I said earlier in the thread I was able to trace through my bank statements all the way back to March 30th 2007 and I have made no payments to anyone either by cash, postal order, DDicon, card transaction or cheque. My other two bank accounts by this point were not functioning as I owed money on ODs so I know no payments can have come from them.

    Is this another ignore letter, or is it worth worrying about enough to start fighting back given from I can see the debt is SB?


  16. #16
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    Default Re: Buchanan Clark & Wells

    just another cleverly worded threat-o-gram

    dx

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  17. #17
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    Default Re: Buchanan Clark & Wells

    Quote Originally Posted by dx100uk View Post
    just another cleverly worded threat-o-gram

    dx
    Thanks dx.

    I actually find it crazy that 1. They even mention Barclaysicon as the debt was sold to AK, and 2. How many charges must have been applied to the account to just from 4k to 6k!

    Out of curiosity is there a letter that I may receive that I should be worried about?


  18. #18
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    Default Re: Buchanan Clark & Wells

    BCW are not that clever. If AK thought that they could collect on this account, then I would have thought they would have kept it.

    Ignore or send a CCA Requesticon. The choice is yours.

    Edit. In regard to the amounts that AK state. These appear to be made up. For a relatives debt of less than 500, according to AK the debt was over 2500. When their mistake (?) was pointed out, it was passed back to the previous debt owner.


  19. #19
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    Default Re: Buchanan Clark & Wells

    court claim formicon [n1]

    and they are rarer than hens teeth

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  20. #20
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    Default Re: Buchanan Clark & Wells

    Quote Originally Posted by dx100uk View Post
    court claim formicon [n1]

    and they are rarer than hens teeth
    I'll keep my eyes peeled then

    You do have to wonder why its taken over 5 years and still no definitive collection action, and why the sudden rush? I'm guessing its one last push as AK and BCW know it's SB, before they sell it on to some other sucker!



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