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agenoria

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  1. Thanks guys, We've had no further contact, so far and the clock is ticking. I will wait until after the 30 days, before making a formal complaint to Buchanan Clark & Wells. Would it be better to just send it to their complaints department, or to make a formal request of their complaints procedure first? Regarding a subject access request. As BCW are not the original creditors, would that mean sending a S.A.R. to Aktiv Kapital, or Evans as shown on the copy of the application? If Aktiv Kapital bought the debt, are they now regarded as the original creditors, or just a creditor? Also, would it be better to leave that particular sleeping dog alone! Best regards, Agenoria
  2. Thanks for that idea Rory. Would that be a formal complaint directly to Buchanan Clark & Wells?, and if so, would it be better to wait until after the 30 days, but before sending a response to their letter demanding payment that came with the copy of the CCA (application)? Best regards, Agenoria
  3. Hi Guys, Thank you for your input. The account isn't actually mine. We think that this may be an account that was paid off years ago. If this is in some way connected to that, it would have been a store card with Evans, the clothes store (as shown at the top of the application) and as such, it would have been signed in the shop, identified as branch/store 120, wherever that was. There was no statement of account sent with the single photocopied sheet of the application shown, or anything relating to the account such as terms and conditions etc. The only thing attached was a letter from Buchanan Clark & Wells, basically demanding payment. We have no idea what the debt relates to, how much is owing (other than a theoretical maximum of £300 that we believe is not owed in any case) and there has been no information forthcoming and unlikely to be, within the 12+2+30 days time limit. Before doing a little homework on here and formally requesting a copy of the CCA, from Buchanan Clark & Wells, I did write to them requesting a full breakdown of the alleged debt to which they ignored my letter(s) completely. To date, the only information regarding the debt, apart from the usual threatening letters, is the aforementioned photocopy. They also returned my cheque for £1:00. It does seem that Buchanan Clark & Wells are acting on behalf of Aktiv Kapital Investment Ltd as they have admitted that they (BCW) are not the creditors. But, there has been nothing to suggest that Aktiv Kapital has bought the debt from Evans. As such, who should I send a S.A.R. to? Aktiv Kapital or Evans? Also, if I were to contact Evans, even though I am not the debtor, could that affect things regarding the possibility that the debt may already be statute barred? Best regards, Agenoria
  4. I have just received this and would just like someone with a little more experience of these things, to confirm my suspicions that this is in fact an application for credit and not a CCA that was requested by the usual method. The history (briefly) so far is: CCA request sent and dated 2nd October 2007 Buchanan Clark & Wells replied, letter dated 3rd October 2007 stating that they were not the creditor etc (Aktiv Kapital). Applying the 12 working days + 2, taken from the date of their letter, takes us to 24th October 2007. Starting from the 25th of October, 30 calendar days takes us to 24th November 2007. On the 8th November we received what was called by BCW a 'credit agreement'. with a letter dated 7th November, stating the usual failure to pay, legal action and payment in full must reach our offices by 13/11/07 type of threats. Basically, as the so called agreement states that it is an application in two separate parts and under the section entitled 'Initial Credit' it says "If you are given the right to take credit when you sign the agreement the right to cancel referred to in the box below will not apply to the agreement". Does this mean that this is not the actual consumer credit agreement as requested? The application was signed on the 14th January 1997, but it is not sure when the account was dealt with, whether it was paid off (as believed by the debtor) or otherwise, sometime around the 2000 - 2002 time (so we don't know whether it could actually be statute barred or not). In any event, the application shows a credit value of £300 and any outstanding balance, if any, would be far less than this and not the £803.62 that both Buchanan Wells & Clark and Aktiv Kapital are pursuing. So, for that extra peace of mind, is this just an application and do we just sit and wait for the 30 days to run out? Any help or assurance will be greatly appreciated. Agenoria
  5. I've just stumbled across this thread, whilst trying to sort out a problem with Buchanan Clark & Wells. I have found the following, it may be helpful to others reading this thread: Buchanan Clark & Wells are registered as data controllers under the name of their parent company BCW Group PLC, details can be found on the Information Commissioners Office website: Registration number: Z9810407 Date registered: 12 March 2007 Data Controller: BCW Group PLC Address: 152 Bath Street, Glasgow, G2 4TB Their register entry contains personal data held for 5 purposes: 1 Staff Administration 2 Advertising, Marketing and Public Relations 3 Accounts and Records 4 Debt Administration and Factoring 5 Provision of Financial Services and Advice I don't know whether they registered for the first time on 12th March 2007 (after this thread was started), or it was a renewal? But they are registered as data controllers now! Information Commissioners - Data Protection Public Register I hope this may be helpful to the other members on here.
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