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.
I've just been informed by Scottish Power that they have passed an outstanding sum to BC&W. I had an arrangement with S Power to pay £30 per month against a gas bill dating back 6 years. Due to their inability to provide me with a bill despite numerous letters & calls, once the amount was eventually agreed, I told them I was not paying in full hence the monthly figure. I completely forgot to make 2 months payments and called SP to catch up whereby they informed me it was passed to BC&W. Spoke with someone @ BC&W (no correspondence received from them) who said it was escalating to the sherrif court for full payment and that they can call it in within 24hrs??!. Anyone out there able to advise? Also recived a text message today to call them on a premium number yet still no communication?
Calling them names doesn't resolve the problem - it's advice on what to do the poster is looking for. BC&W may be bluffing to get you to pay but if it does go to the Sheriff Court you will receive a notice to give your income and expenditure and make proposals to pay. You can tell the court at that time that you dispute the full amount. What you have been paying will be acceptable to the court and they can make a decision on what the correct payment should be. Golden Rule - don't call BC&W or speak to them on the phone - everything in writing so you have proof. Also, they will just bully you into paying more than you can afford. If they do call, hang up or lay the receiver down and let them run up their phone bill. If they start to call persistently, there is a template letter you can use for telephine harrassment.
Hi I could do Mastermind on BCW as my specialist subject.
They are by far the worst in scotland for bull and lies, this is really saying something when you consider this is the home to scott & co.
That said the sheriff is something they can do in scotland but it would have to be fairly well progressed for this to happen. If you are making payments there is no way they would get far with this approach.
BCW are scot powers chief monkeys and the tactics they use are scary letters, more scary letters and a few more for good measure.
I've been annoying them (and I might add quite successfully) for the past few months and have now to date received 36 letters in a 4 month period, (excessive, well the fos thinks so) regarding a scot power debt and yes FOS are aware.
I am happy to post BCW COMPLAINTS PROCEDURE if rules allow this.
I agree with the comment below 'they bully into paying more either by letter in my case or by phone in others'
The trick to deal with these fools is make a payment you can afford send off a harrasment letter and report to FOS and tell them that is what you are doing.
We live in an unmoderated country why should the net be any different? Bring back free speech we miss it!
Although I have the greatest respect for anyone with 1000+ posts this is rubbish.
What is the UNBREAKABLE rule……
….NEVER RING THEM. EVER
If you want further prove, read on. Okay I admit it I rang them once, what can I say I was bored. Here is a transcript of the call:
Me: My name is blah, blah
BCW: Have you phoned to make a payment?
Me: Why would I want to do that?
BCW: Your account is in arrears?
Me: Not according to my bank statements and the agreement letter you reluctantly sent because I refused to give in to your persistent threats.
BCW: (silence)
Me: What are your bank details I am tired of paying by cheque, I want to set up a standing order.
BCW: Give me your bank details and we will arrange this for you.
Me: This must be bad line because you obviously didn’t hear me properly.
(repeated question)
BCW: Its better if we take your details.
Me: Better for who? So it’s not my hearing, you really do think I’m stupid enough to give you my bank details.
(BCW hung up)
(Called back and repeated request)
Me: I’m a little disappointed by your level of customer service one of your colleagues just hung up on me, your not going to do that are you?
(Silence)
Me: I’ll take that as a no.
Me: All I need is your bank details so I can set up a standing order, I’ve written three times to request this without a response other than to call you, so I thought I’d try that.
BCW: We could set up a direct debit its much easier. Are you looking to increase your payments?
Me: Did you hear the words coming out of my mouth? Do you think I rang you to listen to own voice, I want to set up a standing order, that’s all, not to discuss an agreement I have in place, not to increase payments or listen to some commission monkey trying to get more cash out of me.
Me: So can I now take bank details. Please
Me: Hello…..are you still there?
(Third attempt)
Me: Hello etc, etc.
Me: Can you send me details of how I set up a standing order, please
BCW: We would be happy to arrange this for you but first can we look at discussing your payments.
Me: (hang up)
So the lesson here is don’t ring them it achieves nothing and only frustrates.
We live in an unmoderated country why should the net be any different? Bring back free speech we miss it!
Hi there, am new here and signed up because I too recieved a letter from BC+W saying that I owed £40 to T-Mobile. Well for a start the last time I used a T-Mobile account was over 4 years ago and that got paid off and the when the phone came to the end of it's contract I declined to set up a new contract and therefore it was cancelled and cut off.
As I say this was well over 4 years ago and I have recieved nothing from T-Mobile within this time, especially anything saying that I owed money....well I haven't recieved any letters or other forms of contact from them at all.
Having read through here I have noted that it is advised NOT to phone BC+W as they basically run round the houses and pay no attention to professionalism or even what you are saying to them, but as to the best course of action is something I'm a little unsure about, should I contact a Solicitor and ask for their advice or should I contact T-Mobile and see what they say and them get them to contact BC+W on my behalf?
One other thing, I've noticed this is a Scottish company and most the people here who have said they too have recieved debt letters from them are from Scotland, I however am from London and have lived here all my life (if T-Mobile really have sent the claim out then they'd have it on record that I live in London) so am a bit dubious as to why they'd be contacting me instead of a london based debt recovery agency.
Any help on this would be greatly appreciated, thank you.
(second amendment) They also mispelt my surname on the letter, again if T-Mobile had sent the claim forward they would have my correct name on file
Seems i am also being hounded by this company, its how that is concerning me. Several days ago i started receiving telephone calls from this number - 01413023460 - asking for a Miss****** which is me - the reason this worries me is
1) i have lived at this address for less then 3 months - only my bank and general utility companies have this address for me.
2) i sold my previous house and consolidated all my debts so should not be being chased for anything
3) THE MAIN REASON - i currently have the B.T home hub which provides you with a phone and number separate to your landline which rings separately, i have NEVER given this number out, never used it nor do i even know the number myself without checking the only reason we have it is we thought it would be good for the daughter when she starts highschool next year!! _ THEY are ringing on this number - does anyone know HOW on earth they could of gained access to this telephone number??? and if there is anything i can do to prevent them ringing -IE is the number obtained illegally ( all the phonelines ave been connected for 1 month only)
I have repeatedly told them to stop ringing etc they say they will remove my number then someone else calls back 5 minutes later!!!
I refuse to confirm who i am who they ask for while they are ringing this number - and from what I've read and the fact i know i have no debts i am dubious to regardless now. Does anyone know the rights regarding telephone numbers and how you ( if you can ) stop this from happening.
I just got my first letter from Buchanan Clark & Wells saying I owe them money from British Gas. I know this is untrue as I have no unpaid bills. I got a similar letter from another company, Advantis Credit, a couple of weeks ago. Clearly someone is selling our names and addresses to these [edited]. They are [edited]. Do not pay them anything without being sure you owe something from the original source. I know I owe nothing so I know they are lying.
They key thing to remember about these companies is that they simply buy up bad debts. They have no idea as to whether you actually owe the money or not, and quite frankly they don't really care either. All they are interested in is whether they can make a buck out you.
A few simple rules.
Firstly, never ever phone these companies back. If they think that they have a "live fish" they will harass you even more. Remember, it is their responsibility to prove the debt. It is not yours to prove otherwise. Telling them that they've made a mistake cuts no ice whatsoever. They simply buy the original debt. They have no information as to the background of it.
Secondly, if they are harassing you with repeated phone calls do not be afraid to report them to your telephone provider. Many people wrongly believe that these companies have the right to call you seven or eight times per day regarding outstanding debts. They don't. You wouldn't tolerate a double-glazing salesman phoning you several times per day, so why tolerate these people? They have no more legal right to call you than anyone else.
Thirdly, tell them to only contact you by letter and not to phone you. That is your legal right and a company is breaking the law if they don't respect your request. If need be get your local trading standards or even a solicitor to send it on your behalf. That normally makes them calm down somehwhat. You need to be aware that most of these companies have "free local call" arrangements in place with BT in much the same way that many householders have a package that allows them to phone UK numbers for free. This is why they like to phone people several times per day at their house. Whenever they have to write to an individual or call a mobile it costs them money, so they often refrain from doing it.
Finally, do not be afraid of them. You have many rights and the law demands that they act in a responsible manner. If you feel that they are overstepping the mark then report them to the Office of Fair Trading who have the power to censure them.
Barclays was recently fined £50,000 for making a serious of silent calls to customers who owed them money.
Being in debt does not mean losing your legal rights. Remember that !
Hi all, just sat reading the comments on BCW and it looks like I've got something to look forward to. I'm being chased by British Gas for a 'debt' from over 2 years ago and this is the third DCA that has been in contact now. The first one was happy with my info that I gave them and sent the 'query' back to BG. Obviously BG were not happy with this so have pursued it. I sent BCW the same info as the first one with a copy of the 'dismissal' letter from them ,so I can't wait to see the outcome Will keep you posted x
Hi, My husband had a final bill from E.on, because we separated for a while last year. He was going to make two payments but then found he couldnt. He also asked for a final bill from E.on and never received it! This was last July! He also sent two letters to E.on asking if he could pay 10 pounds a month, because we were struggling big time. They turned him down the first time and gave no reason and the second time we received a letter from this BCW! My husband phoned them and the guy on the other end was extremely rude and told him that being unemployed was no excuse for not paying! My husband had never refused to pay! he had been trying to make an arrangement for paying installments! So he basically told this guy, okay see you in court and put the phone down. I later found out after e mailing E.on that they had payment plans of 6 months and 12 months. But because he owed 140 pounds he was just out of the category, because he had asked to pay 10 pounds a month. E.on did not make him aware of this, so we are both a bit cheesed off with it. Now we are receiving letters from BCW. I have emailed E.on a couple of times and told them how disappointed i was in their lack of giving information. Also I have e mailed BCW and bascially complained but the bullies have yet to reply! If E.on had made us aware of these payment plans, none of this would have happened!
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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves
I am new to this, but I feel so upset, I just wanted to have a grumble and some understanding.
I signed up with E4B (Electricity 4 Business) last year and they locked me in a fixed term and payments were to be set up on direct debit for a fixed amount every month, once my first year was up they would work out what my following years payments were to be (thinking back not a great set up). Anyway as some of you are probably aware E4B went in to administration last October (like so many businesses). I did not hear about this until the November. Anyway I received a statement of final amounts due a few weeks ago for almost £360. I called them immediately to make sure it was correct (I am stll not convinced, but I was stupid enough not to keep sufficient records) and told them I could not afford this all in one go and they said as they were in administration they would not be able to make any arrangements, but the collections agency it gets passed to could arrange for me to make payments in instalments.
Yesterday I received a letter, well "Formal Demand" from none other than Buchanan Clark & Wells and today they called. They were horrible and had no flex whatsoever! I informed them of my situation and that payment in 1, 2 or even 3 instalments was not an option for me as I just didn't have the money to do that. I explained I wanted to pay and could afford a small amount (£20 a month to show willing) for 3 months and then we could review the situation to hopefully increase this offer, but they just would not let me talk and were very pushy and aggressive. I said I had 4 children (which I do) and putting food in their mouths comes before paying this bill, he then said, and I quote "Don't use your children as an excuse not to pay your bills" I was completely gobsmacked.
Since the 2 telephone conversations (I hung up 1st time because they were so awful, but did call back hoping to get a human being on the phone) I received a call from a witheld number and it was very unnerving and creepy... I know it was them as I recognised the voice, for one it was the same Scots accent and no one can mistake a Scotsman. It just made me feel very vulnerable, how can they do this!
After reading this forum I now know not to make or receive any contact via phone and will keep everything to writing!
I am also having difficulties with BCW. I moved house in November and before we left, we accrued a £565 bill. The other two people I lived with left me to pay it, so, as a responsible adult, I took the debt with me to my new address informing Scottish Power where I would be etc. They said I needed to pay the balance of the debt within 3 months. I paid £150 at Christmas. I then receive a letter from BCW saying that the debt has been passed to them. I asked them why when I was paying a good amount,and they said they didn't know and I would have to ask Scottish Power. They had also charged me a £50 administration fee. I called Scottish Power who said that they hadn't charged me the fee - I had to contact BCW. Around and around in circles I went, eventually being promised by some dork that she would take it up with her manager. I have paid £100 today, and have no intention of paying off the bill in full because I simply cannot afford it all at once. I know I won't get that £50 back :S What do I do?
I am new to this, but I feel so upset, I just wanted to have a grumble and some understanding.
I signed up with E4B (Electricity 4 Business) last year and they locked me in a fixed term and payments were to be set up on direct debit for a fixed amount every month, once my first year was up they would work out what my following years payments were to be (thinking back not a great set up). Anyway as some of you are probably aware E4B went in to administration last October (like so many businesses). I did not hear about this until the November. Anyway I received a statement of final amounts due a few weeks ago for almost £360. I called them immediately to make sure it was correct (I am stll not convinced, but I was stupid enough not to keep sufficient records) and told them I could not afford this all in one go and they said as they were in administration they would not be able to make any arrangements, but the collections agency it gets passed to could arrange for me to make payments in instalments.
Yesterday I received a letter, well "Formal Demand" from none other than Buchanan Clark & Wells and today they called. They were horrible and had no flex whatsoever! I informed them of my situation and that payment in 1, 2 or even 3 instalments was not an option for me as I just didn't have the money to do that. I explained I wanted to pay and could afford a small amount (£20 a month to show willing) for 3 months and then we could review the situation to hopefully increase this offer, but they just would not let me talk and were very pushy and aggressive. I said I had 4 children (which I do) and putting food in their mouths comes before paying this bill, he then said, and I quote "Don't use your children as an excuse not to pay your bills" I was completely gobsmacked.
Since the 2 telephone conversations (I hung up 1st time because they were so awful, but did call back hoping to get a human being on the phone) I received a call from a witheld number and it was very unnerving and creepy... I know it was them as I recognised the voice, for one it was the same Scots accent and no one can mistake a Scotsman. It just made me feel very vulnerable, how can they do this!
After reading this forum I now know not to make or receive any contact via phone and will keep everything to writing!
Best wishes.
I know its awful, the guy my hubby spoke to was so rude, and he wanted to make an arrangement with them, but it was no can do and then he told my husband being unemployed was no excuse for not paying the bill!! My husband was not refusing to pay! So my husband just said see you in court then and put the phone down. My husband does not like being spoken to that way and wont put up with it, whereas i probably would have crumbled! But they are nasty people and just want their money. I dont think they have families or normal lives.
hi i just received a letter from bcw stating that unless i pay £543.65 council tax arrears in full they will arrange for the sherrif officers to contact my bank and formally request my account to be frozen, previoually i said to them i would pay £60 a month i paid twice then i lost my job but i have since returned to work and i am worried about what to do. any help?
hi i just received a letter from bcw stating that unless i pay £543.65 council tax arrears in full they will arrange for the sherrif officers to contact my bank and formally request my account to be frozen, previoually i said to them i would pay £60 a month i paid twice then i lost my job but i have since returned to work and i am worried about what to do. any help?
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hi i just received a letter from bcw stating that unless i pay £543.65 council tax arrears in full they will arrange for the sherrif officers to contact my bank and formally request my account to be frozen, previoually i said to them i would pay £60 a month i paid twice then i lost my job but i have since returned to work and i am worried about what to do. any help?
As the moderator says post this this on Debt in Scotland, I assume you are in scotland. Basically Buccy and the other ones' Scott and co are a full of it, they come out with the most amazing bull, having said that don't screw around with council tax,because they can in extreme circumstances take from bank accounts,etc.
if you can afford to make payments make them direct to the council not to the DCA also send them a letter saying this is all you aford and will pay more when you can. The council can not refuse payments. If you can't pay post on debt in scotland and Rory32 should be able to help you.
We live in an unmoderated country why should the net be any different? Bring back free speech we miss it!