Debt Collection Agency BCW?

[wkdblue]

Right guys my apologies in advance if i sound like an idiot in anything I say!

I've had an ongoing problem with the Natwest in regards to a loan repayment. Basically I'd paid half of it off and was suppose to contacted to pay the rest off a month later. Suffice to say I didn't recieve the call and me being a stubborn git (make that idiot) did not phone them to sort it out.

It's basically been 2 months and I recieved a letter at my contact address basically threatening about repossesion. They can't actually do this I don't think as it's just a contact address as I'm in the Armed Forces abroad, I've give the debt agency updated contact details to stop any threatening letters going to family.

I phoned them up although it wasn't BCW. I was told I owed the original amount, I explained I'd paid half of it off and they said they would get in touch with the bank to confirm the amount. I then phoned the Natwest to find out what was going on and was told that BCW was dealing with it and this other company shouldn't have been although they had the company on their books (apologoies can't remember the companies name) NAtwest said they would get in touch with BCW to find out what was going on.

I then rang the debt collection company back and explained what the Natwest had said, it was explained to me that this company had taken BCW over and thats where the confusion on the Natwest's part was.

SO basically they are both getting in touch with each other, I've since phoned the bank back and been told it can't be dealt with until Monday now.

Sorry if that was long winded or confusing, I'd basically like any advice on how to deal with both the bank and the debt collection agency on Monday, if I owe the larger amount which I highly doubt I can't afford to pay that off in one go at the mo without leaving myself up a creek without a paddle so to speak. T

he biggest pain in the arse is I'm currently doing this from New York as suppose to be on a holiday grrrrrr.. some damn holiday.....

Any help would be much appreciated

Gaz

[Shazza50]

Is the other DCA Apex by any chance? BCW changed their name to that sometime in December.

 

Shazza

[mrmarmite]

first thing NEVER phone a debt collector EVER again, they lie !

second send debt collector a C.C.A (in templates libray (enclose £1 postal order and send it by recorded/special delivery only, watch on royal mail web site for date they receive the CCA and count 12 WORKING (not weekend) days, after this time the consumer credit act state they cannot ask/demand any form of payment until such time they provide the credit agreement, SHOULD you get one you will need to scan it in (hide ALL personal information) and post it here for us to check it over,

 

just shout if you have any questions in the mean time

[ThisVeryMoment]

"first thing NEVER phone a debt collector EVER again, they lie !"

 

Do not listen to this person, HE is lying. Always best to phone and discuss. Matter can be sorted out very quickly to give you peace of mind. Supposing your letter gets lost in the post?

 

Sadly many posters here do not wish to help debtors, they simply want to make trouble.

[wkdblue]

Ok cheers for that, I can't do anything until I'm back in the U.k on tues. The bank and debt collection agency (which is Apex, thanks for reminding me Shazza 50) are currently getting in touch with each other I can't get in touch with the bank until Monday to find out whats going on. If it's for the amount I think it is for do I have to deal with the debt collection agency or do you think it can be done through the lending department with the Natwest to bypass Apex?

Again sorry if I'm sounding confused!

[ThisVeryMoment]

Best to go directly to the debt collection agency.

[mrmarmite]

route i would take for now is (when you home to this wonderful sunny country) send the DCA a CCA (checks their legal right to collect this debt) and send the OC a S.A.R (for unlawful charges ect) and do nothing else except post on CAG any letters you get from them.

 

CCA must respond within 12 WORKING days after this time they have no legal right to request/demand payment until such time they provide a CCA.

 

S.A.R 40 calendar days to provide (after this is breach of the D.P.A) don't be fobbed off with any excuses, I had this with barclay card and I took them to court hey guess what? 4 days later the S.A.R plopped through my letter box.

 

Be positive, firm except NO excuses. failure to provide cca or sar within the timescales and a further writen warning gives you grounds to take legal action against apex and the DCA.

 

lol if you not guessed i show no mercy to no one, they quick enought to scew you so it's time to get owns back.

 

 

ENJOY

[ThisVeryMoment]

"i show no mercy to no one, they quick enought to scew you so it's time to get owns back".

 

You sound like a DCA employee talking about debtors.

[wkdblue]

Ok I've sent the letters off, what is the best way to deal with the bank in relation to the outstanding amount of the loan? I don't want to make too much trouble for myself!

[mrmarmite]

if DCA handling it don'y worry about the bank,

we shall assume if it's a loan they will have a CCA. next step (can start now if you wish) is to S.A.R the bank and check for charges. If you do this make sure you get you £10 worth by saying that you want ALL information that they hold on you, not just account statements, this way it will cost them a tenner to post it if there are charges then start claim up and put account into dispute due to unlawful charges

[ThisVeryMoment]

Or pay your debt?

[wkdblue]

Hey guys have just received this:

 

 

Do I do as they say?

Cheers

[ScarletPimpernel]

Nope, as the original creditor's agent it's their responsibility to forward your request to the bank; and the clock began ticking on the day they received your request.

 

You may like to remove your name from the salutation on the letter. PERSEC!

 

You will find that almost all DCA letters are just computer-generated templates, so your BFPO address won't matter. TV Licensing wrote to me saying that their 'Enforcement Officers will be visiting your home'; since home at the time was a Corimec in Basra I wrote to say they'd be most welcome, and not to forget their orange overalls...

 

You mention that they have threatened repossession, though not of what. If it's a car, be aware that it's not unknown for repos to happen in BFG.

[Allwood]

Also get proof postage this is important.

[wkdblue]

So what do I do write another letter to them? If so what do I say in it? The cheque I sent to them was returned with this letter.

I also don't want anyone to come a knocking here I know I owe some money that was never in dispute, what is in dispute is the amount owed.

Do I offer to send a small amount of money at this time?

Cheers

[ScarletPimpernel]

I'd be inclined to wait until their next demand, then send them a letter reminding them of their obligations under the law and the OFT guidance - and that the statutory time limit for compliance is now past, they are in default.

[wkdblue]

They actually still have a few more days as looking at the recorded delivery track it wasn't delivered until the 25/01/08 which is a little strange as it was sent out at the same time as the SAR was sent to Natwest and they received that much earlier.

Obviously they will be in default soon enough as they sent the cheque back and obviously aren't going to do it. I'm thinking it wise to send a letter back to them reminding them of their obligation to deal with it as they are dealing with the collection of the debt. And also to warn them they will have defaulted by the time I do get the credit agreement details.

It worries me if I leave it and wait for another letter of them it will make things worse or encourage them to do the reposses thing which I certainly don't want happening where I work!

Again I do owe money but the amount they requested is double what the Natwest told me I needed to pay to get everything sorted and closed down.

Any more advice would be welcome.

[wkdblue]

Gonna be cheeky and bump this

[mrmarmite]

i agree wih SP, the ball is in THEIR court, your response to them should be "It is YOUR obligation to forward my CCA request to the OC as YOU are persuing this debt on their behalf"

 

sign it then put P.S the clock is ticking, (just to wind them up a little as they are aware you are a VERY proud member of CAG)

[mrmarmite]

these companies abide by their own laws, BOT the law of the land, If they requesting/demanding payment after the 12 working day period is up complain to the ICO, should they push it and take action against you jsut show your CCA request to the court, my bet (as seen many times now) they don't have a properly executed CCA so they are TRYING to pressure you.

 

PLEASE DON'T get sucked in, you MUST stand your grounds, you have not broken any laws after the 12 days they have! !

[marty270]

APEX/BCW are (EDIT), they cant do anything to you unless they go for a ccj, which they have to get a sloliciotr for, apex in other words (EDIT) are just debt collectors they cant send people to your house demanding payment or anything of the sort, in fact it's against the law, you could get the police to remove them from your property for trespassing, I'm a solicitor so I do know all the in's and out's of this stuff, I've had dealings with these people before and all they are is (EDIT) who think they can force people into paying something they dont or cant even owe, and yes they are all in their teens or early to late 20's trying to get money to pay for their college or university education. Also if it is fraud dont give them too much information unless they can prove the debt is yours, if it was done on the internet, without a signature then they have little to stand on, dont give into them......

[wkdblue]

Right guys I've received a letter from Apex or rather my relative did, even though I'd give them my new contact address.

It's obviously an automated letter as it is signed simply with 'Recoveries Department.

I can't scan it in as I'm back in the U.K and don't have my scanner to hand.. this is the text from it:

Re: National Westminster Bank

DEBT outstanding £0.00

 

Dear Sir/Madam,

 

We have received instructions from our above named client to initiate formal debt collection proceedings for the unpaid debt as detailed above.

Please contact our office immediately in order that we can discuss a satisfactory settlement to this matter.

Unless you make arrangements to settle the account within 72 hours our agent may be instructed to attend your premises to establish residency and reason for non-payment.

You must take this oppurtunity to settle the matter amicably in order to avoid possible legal action being instigated.

Please do not underestimate the seriousness of this matter and attend to this notice immediately as this will be your final opportunity.If you are experiencing financial difficulties, or wish to make a proposal please call us today.

 

 

 

 

 

 

Hmmm the bit that interest me is where it says Debt Outstanding....

Advice guys please

Gaz

[wkdblue]

oh yeah the 72hrs is now up as just recieved the letter from the relative, it came on fri

[wkdblue]

bump

[mrmarmite]

have they complied with your CCA request???????????????

if not remind them of their oblications to provide one, if not FO until they do provide one