Final Notice from BCW! Advice Please.

[xuxu]

Basically a few years ago I received a letter from Aktiv Kapital asking me to pay so £3000 for a debt I had over 6 years ago, I knew this was statute barred and I sent the template letter telling them it has been over 6 years and I never contacted them so I am not paying and do not admit to owing the money.

 

They left me alone for a few years until now.

 

Buchanan Clark + Wells now sent me 2 letters and the last one with a Final Notice saying that unless I pay they will take court action.

 

Also this debt is not in my credit records at all as I checked.

 

Can they give me a bad credit if they go to court?

 

I have ignored them, should I reply?

 

Any advice what to do?

 

Thanks

[pt2537]

if it is six years since you have paid or acknowledged the debt then the Limitation Act 1980 will apply and the debt is statute barred and not enforcable

 

simple scare tactic in my opinion.

[Curlyben]

Send BCW a Statute barred letter as well.

Should make them back off, if not shout and we'll help.

 

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter M.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

[xuxu]

Hi, Thanks for the quick reply and useful info.

 

I have now sent the letter as you said via recorded delivery to make sure they get it.

 

I am just worried they will give me a bad credit as my file is currently clean with no problems.

[pt2537]

they would not be permited to do so and you could complain to the ICO for breaches of the data protection act

[Allwood]

BCW has put a note of trace on my CRA file they have put their name on it despite them saying that they were collecting the debt for their client Thames Credit. After I sent them a CCR request they wrote back stating that they have placed the debt on hold and have asked their client to forward the documents directly to me. As of the 30 August they have committee a criminal offense by not sending me the required documents as well as selling on the debt on to ScottCal, I have completely ignored the numerous of letters from ScottCAll stating that they now own the debt. I am awaiting an amended CRA report from Equifax and one from Experian. I do not know what will be on the Experian report until I received but as I sent them a £2.00 by recorded delivery I expect I will have to wait for a while as they seemed to want people to do everything over the internet because they can charge more for it, they are a money making machine in charge of all our data and they are obviously look after their friends DCAs.

[sosumi]

Allwood, BCW did the same to us - Trace on Equifax, the day they received my CCA request. They were, the said, 'agents' for TSB - something deeply wrong about it. They were hounding me, I sent them CCA request, day of receipt of same, they put a 'trace' on mine and hubby's credit file with Equifax. This was in June. No mention of this on Experian's credit reports, no further details of 'trace' on Equifax when I SAR'd Equifax.

This whole 'business' is deeply deeply dodgy.

BCW didn't bother to tell me they couldn't provide CCA. Until I requested their complaints procedure.

So how did they access our credit reports from Equifax? Who gave them permission? Currently with Information Commissioner.

Good luck xuxu - you'll get good advice here Sorry to wander off thread.

[xuxu]

I also do have a trace from BCW on my credit file, will this affect my credit?

[Allwood]

Sosumi when I phone the international number yesterday to speak to someone about my file at Equifax, I asked the person there call Lynn about the trace on my file by BCW and asked if this was legal and what was needed for the BCW to have produced to get that trace onto my file she told me that they would have to all the necessary documents for them to put the trace on my record. Now if BCW had all these documents why did they not send them to me when I asked them to produce to me by way of a CCA back in July remembering that the trace went on in June, something is very wrong here with these companies having all our data how do we know what they are going to do with it. Who is keeping an eye on them?????

[sosumi]

Sosumi when I phone the international number yesterday to speak to someone about my file at Equifax, I asked the person there call Lynn about the trace on my file by BCW and asked if this was legal and what was needed for the BCW to have produced to get that trace onto my file she told me that they would have to all the necessary documents for them to put the trace on my record. Now if BCW had all these documents why did they not send them to me when I asked them to produce to me by way of a CCA back in July remembering that the trace went on in June, something is very wrong here with these companies having all our data how do we know what they are going to do with it. Who is keeping an eye on them?????

Yes I agree Allwood. I'm going to go back to that CAG S.A.R - (Subject Access Request) thread soon, I think this really needs investigating. I've been holding back to hear from the Information Commissioner, but these 'agencies' (like BCW) appear to have 'rights' to access our personal data with very dubious credentials. Strikes me that something very uncomfortable is going on.

xuxu - the honest answer is I don't know. The more I learn, the more I wonder about Credit Reference Agencies.

[sosumi]

[/url]Buchanan Clark and Wells - associate members of CSA here:

Glasgow Address

BCW Group - full members of CSA here:

Stratford Address

Odd isn't it? Letters from Buchanan Clark and Wells, Stratford.

Unexplained 'traces' on Equifax CRFs conducted by BCW Group.

Same company.

[xuxu]

UPDATE:

 

After sending BCW a Statute barred letter as advised they replied saying:

 

"Thank you for your recent letter

 

I can confirm that we have passed the contents on to our client and have closed our file in this matter."

 

 

So I guess they wont bother me for now.

[Curlyben]

Nice one !!!

[xuxu]

Thanks

[sosumi]

UPDATE:

 

After sending BCW a Statute barred letter as advised they replied saying:

 

"Thank you for your recent letter

 

I can confirm that we have passed the contents on to our client and have closed our file in this matter."

 

 

So I guess they wont bother me for now.

Great news xuxu!

[Allwood]

Have BCW removed the trace from your CRA file, I am not sure if this would affect your credit:(