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I am currently in a dmp with CCCS and one of my creditors is Natwest Credit Card.
From being more in the know now than when I went on to my CCCS plan, that I didn't sign for this credit card by way of a CCA. It was part of a student account and the 'application' was by way of sitting with an advisor and saying 'yes I would like the student credit card', I do not recollect signing any agreement as my original Natwest account was converted to a student account rather than opening a new account, in 2001.
The credit card had a £230 balance on and due to having major surgery I had to give up my course and I couldn't pay my card, that balance escalated and now after being on CCCS for 2 years, the balance is now down to £498 and I believe that most of the charges have made up the balance.
BCW were assigned to the debt about 2 years ago, they have been OK with CCCS.
I have now requested my CCA from BC&W, 7 days ago and submitted a S.A.R to Natwest.
BC&W have today sent me a strange letter, wonder if anyone could shed any light if they have experienced BC&W
_-_-_-_-_-_
START OF MESSAGE
Please call Alan Cxxxx on 0844 556 0xx0 ext x7xx
STOP
END OF MESSAGE
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I have X'd out some of the name and number.
This is the first contact I have had from them since I requested my CCA, I am not going to call them as in my last correspondance I requested everything in writing.
In any case, any payment correspodance should be made to to CCCS and not me.
You're doing the right thing here.
Bring this up with your CCCS adviser and let them deal with it.
This looks like a stock letter for any sort of request.
Stick to your guns and whatever you do DON'T call them, especially as the 0844 number will cost considerable money and also gives them some share of it too.
If I were you I would certainly ignore this pathetic attempt to get you to phone them
As you rightly say, everything should be conducted via correspondence and not on the telephone.
I too am dealing with BCW who have now defaulted on my CCA request. Very shortly they will have committed an offence as we will be into the 12 + 30 days. If they sent me a note like this I would keep it on file but definitely NOT respond to it.
I'm sure others will reply to you but hope this helps in the meantime.
I certainly won't call them I will do as you advise and post a copy on to the CCCS advisor. Quite frankly if they want me to contact them they have another thing coming!
Also, just wanted to ask...I know CCCS say they can't stop any action on an account and if they wanted to take me to court for a CCJ, they could, that's fine.
The account has been defaulted on since 2002 and it took until 2005 to get payments restarted, I know 3 years is a long time, I did bi monthly send them £1 but they didn't cash the cheques...anyway my Q
If they do have a properly executed CCA, wouldn't they have taken me to court by now anyway to get a CCJ, surely if they believe I owe the almost £500, they would have got a CCJ by now, they also haven't issued a default on my CRA........YET nor have Natwest.
In the HIGHLY unlikely event of these 'people' having an enforceable CCA and taking the matter to Court because of your cheek of daring to question the mighty BCW I feel that any judge would look none to kindly on them when after all you have been co-operating with them through CCCS. The amount of money is too smal to make it even worth their while. However it only costs them 22p to send a scary letter. Pass it to CCCS as has been said and let BCW default on the CCA. Write to them and ask for a copy of their complaints procedure. If they havent got one Oh dear they are in trouble.
Contacting a debtor directly and bypassing an appointed representative (e.g. CCCS) is contrary to the OFT guidelines.
Why not write to BCW, copied to CCCS:
Thank you for your letter dated xxxx in which you ask me to telephone you.
You are aware that CCCS are my appointed representatives in this matter. You should also be aware that contacting a debtor directly and bypassing an appointed representative is considered an 'Unfair practice' by the Office of Fair Trading, whose guidelines on debt collection Buchanan Clarke + Wells are, as holders of a consumer credit licence, bound.
Please ensure that in future you comply with the OFT guidelines; further correspondence in this matter should be sent directly to CCCS, quoting ref xxxx.
If they contact you again, respond with a formal complaint under the new fos scheme.
Interesting reading about Buchanan Clark & Wells....I had a call at my old workplace about 2 months ago (I worked there and left 6+ years ago) but rejoined the company 12 months ago, I spoke to a scottish lady who asked my name and then said 'in order to verify who you are can you please confirm your postcode' I said to her that I had NEVER heard of her company before and that I was not giving any personal details over the telephone as I told her (very graciously) that she could easily be part of some eastern european gang trying to [problem] me (I suspect she was trying my old workplace to see if I had indeed rejoined - the debt is now statute barred anyway so they can sling their hook) at that point she said she could not continue with the call and that they would post me something (nothing ever arrived) and since then I have heard nothing !!
Okey Dokey, still no CCA from BCW but today I get this letter:
Dear Madam,
We refer to the aforementioned matter. There is an attractive reduction on your existing balance as a one off payment, the remaining balance will then be written off.
To confirm eligibility please contact our office within 7 days.
Telephone 0871 244 2816
Yours Faithfully
BCW
Now, I have never had this kind of letter from BCW, even when, prior to going into CCCS when I offered a 25% settlement.
Seems to me I have only got this letter after they are in default of providing a CCA to me.
Do companies start offering settlements if they cannot provide a CCA?
Buchanan Clark & Wells -vs- Tooth Fairy
with CCCS and one of my creditors is Natwest
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Originally Posted by tooth_fairy
