cheers folks! confirmed what I suspected that their letter is all boswellox

Right then, it continues... Since we got the solicitor on board in May we have heard nothing from BCW or Aktiv - until today. We received a letter from Aktiv stating that they have tried to get the supporting documentation but the original creditor cannot find them in the archives. They go on to say that they (Aktiv) legally bought the debt, but did not buy the documentation . They go on to say that when accounts are legally assigned, they do not purchase the liabilities of the original creditor. But in a gesture of good business practice they will (without prejudice) accept 50% of the balance in full and final settlement. So, how come they can claim to legally have the account assigned to them but not have to abide by the CCA anymore. Sounds very odd to me - and we'll being seeing the solicitor again ASAP. A scan of the letter is below. We'll keep you posted.

cheers Kenny Yes our solicitor has all the facts. I suspect (rather hope) that BCW will now go away

and so the saga goes on... Our solicitor has now contacted BCW to find out what is going on, and got a response from BCW. BCW claim that they have no record of us ever responding to any of their letters. This is despite that fact that: a) we have sent 5 replies all recorded/signed for and we have the signatures as proof of receipt. b) we have documented phone calls between Citizens Advice Bureau (dates, names of people spoken too etc.) and BCW and Aktiv c) 2 letters (and copies of the credit agreement) received from BCW containing replies from their litigation officer to our letters that requested copies of the credit agreement d) a FAX from Aktiv stating that they had informed BCW that we had been trying to resolve this. So on simple terms it appears BCW are now lying to our solicitor. Coincidentally - or not!- BCW wrote to us yesterday offering us a discounted rate to satisfy the debt. All very fishy. D

cheers Kenny, that's what I thought.

and it continues... We got a letter last week from BCW stating that they now have authority to send a debt assessor round pending court action. I presume they can't actually send anyone round without a court order? And today we get a letter from a solicitor acting on behalf of BCW stating that legal action will commence. We have a solicitor ourselves on the case, but we have been away for a while so nothing has yet progressed.

BCW are a firm of debt collectors in Glasgow acting on behalf of Aktiv CL Finance are the people named on the CCJ as being the creditors (the CCJ mentions the reassignment of the debt to CL Finance from GE Capital) The fax we got from Aktiv was a letter written by them stating they owned the debt from CL Finance. It is odd because I'd have thought a deed of assignment should be from CL Finance stating that they have handed the debt to Aktiv. Not the other way around. Indeed we do need to find out who owns the debt - that is what we are trying to ascertain. I'll try and scan the "copy agreement" when I get the paperwork back from the solicitor. It looks basically like the application form - but it does have a large heading "Consumer Credit Act" and lots of small print pertaining to the Act and GE Capital. It also bears our signature. thanks D

Not as yet. Our solicitor is drafting letters to BCW and Aktiv today. I'll update when I hear anything.

Indeed that is one of (many of) our concerns. It all seems rather fishy.

I suspect 2 is probably correct. As they must be aware of the CCJ as the alleged debt to GE Captial is £130 - the debt they are claiming for is £340 which is the £130 + court costs specified on the CCJ. thanks

Thanks, so what are BCW playing at I wonder.

we are going to make the application for the CCJ set aside - as we were not present at the address it was served - so that should be OK. However, one question though. The latest letter from BCW states that if we don't pay this alleged debt they will apply for a judgement in our local courts. Now - can one alleged debt have 2 CCJs against it? It all seems very odd to me. TIA Dave

Oh yes! Everything stored, all letters sent recorded with copies of the recipients signatures, we have the complete paper trail.

cheers - yes it is GE Capital that we have the credit agreement with - not Arcadia (even though it is Debenhams card) - it is just strange to us how after 9 letters from BCW they are changing who they claim the creditor to be. Letters 1-8, Aktiv as client and creditor Letter 9 - Aktiv as client and Arcadia as creditor It is the inconsistency and total disregard to our attempts to resolve this that cast doubt on the validity of their claims. cheers!

we're working on getting the CCj set aside yes - one of the things we're getting the solicitor to do. Thanks for the OFT tip. cheers!