BCW- visit by debt investigation officer! advise please

[dorsetgirl47]

Hi, can someone please advise me what to do next with these idiots. re Provident debt of £744, I sent a cheque for £5 last month which was cashed, I told them it was all I could afford being on benefits and sick. They wrote to me threatening court, so I rang them because I was so annoyed, they said they hadn't received cheque, and their clients wouldn't accept such a small amount anyway! I was intending to pay my next £5 on monday. I'm ill and awaiting an operation, I have got a tracheostomy and the stress makes things worse. I dont want a visit, there's no point, I can only pay £5 at the moment, and I wont answer the door anyway! can someone advise what I can write in a letter that they might understand!!!

[spamheed]

Hello and Welcome to CAG

 

don't worry about this bunch of sh*ts, they're talking rubbish

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

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

Letter N.

Is it important to start the letter:

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

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[mrmarmite]

don't panic hun, most dca's usually threaten this just to try and intimidate you and very few actually ever turn up.

 

have you done a budget sheet yet? if not do one.

 

if you can only afford £5 pm and can proove it thats fine, at end of the day should they decide to take you to court and court can see thats all you can afford there nowt court can do except just order you to maintain that payment,

 

what was the debt actually for?

[spamheed]

If in the unlikely event someone does come to your property, they have no legal powers whatsoever, they might as well send around the Pizza delivery chap, he's got more rights than them.

 

the rules of engagement are as follows:

 

Never ever telephone these "people"

Only communicate in writing.

You need to make these people prove that they have a legal right to collect the debt by requesting your CCA, this can be done by sending the letter (N) from the following link:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Make sure you don't sign it and send a £1 postal order with the letter.

write across the top of the letter "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" underlined and in bold

 

send the letter recorded (registered is better, but only if you can afford it.)

 

then they have 12 working days from delivery to comply with your request, after that the account is in default (you can confirm delivery online)

 

if the default remains for a further 30 calendar days, the debt is unenforceable and they would need to take you to court to enforce it (which they can't do coz they haven't provided the CCA.

 

after the 12 working days is up, you can legally withold payment.

 

This is not a method of debt avoidance, more a tool to use against their bullying tactics and to let them know you know your rights

[dorsetgirl47]

Thanks for replies everyone...I have posted before about this and probably should have continued posting on that thread, so apologies for that...I owe Provident £744, they stopped collecting at my door, then I got letters from BCW...I dont dispute anything and I'm willing to pay what I can afford...it just makes me very angry that they dont aknowledge my letters!

Hello MrMarmite..you have replied to me before..is it sunny where you are? its dull in Weymouth!

[mrmarmite]

lol yes your last post jogged me memory, sunny? yeah right when is it ever sunny in Bournemouth?

 

we spose to have rain this avo.

 

just carry on what you are paying, creditors like to pressure people, it's their job

[Curlyben]

As you mention, your debt is with PROVIDENT and NOT BCW, so you MUST ensure they have the legal right to demand payment as mentioned above.

[dorsetgirl47]

MrMarmite...will send sunshine your way if we get some:)

 

Before I found CAG, I was unsure of my rights and was talked into paying more than I could afford, I have heard a lot of bad things said about Cabot in particular, I'm paying them and every 6 months they ask for an increase of £1 a month which I agree to. Have also dealt with Thames credit with no problems, so why cant BCW be agreeable?

Thanks again to everyone, its very reassuring when people are on your side.

[mrmarmite]

lol, have you not come across robbingson way and co yet ??

they as far as i can guess are worse than BCW. anyway do nothing for time being, hopefully the next letter they send will reveal more.

 

p.s the clouds are comming from your direction so you will get the rain before me

[matty2303]

dont worry about the visit , provident did indeed send someone to visit me over a debt i owed them , "i cant pay you £500 " i said to the collector "are you refusing to pay" he said , "not refusing unable to pay" i said , he just walked away and that was the last i heard of him over 12 months ago he has less power than the milkman , at least the milkman has the right to be on my property

[dorsetgirl47]

The manager of our local Provident office used to be my milkman! lol

[Curlyben]

I bet that inspires confidence

[dorsetgirl47]

Hi Everyone, does anyone think that it would be a good idea and ok to just send £1 to BCW this week instead of the £5 I was intending, as they didnt acknowledge that they received my last payment and I cant afford to keep losing £5, they have really annoyed me! just keep getting phone calls which I ignore, I pick the receiver up but put it straight down again.

[mrmarmite]

well if you can only afford to pay £1 then pay £1, worst case is ya phone will buzz a little more

[dpick]

Hi if you sent the £5 by recorded delivery and they have cashed it then I think that if you answer the phone just ask them do you refuse to admit that you have received my £5 payment if the say we have not received your payment then say but I have proof you have received my payment I want a statement to the affect that you say you have not received my payment then I can inform the police so they can investigate a case of theft. They are so daft I don't think they will ring again, or of course you could start shouting down the phone WHERE IS MY £5 YOU THIEVING B******D'S then repeat the same thing for every question they ask

 

I did get one twerp to keep asking questions for about 4 minutes before he rang off

 

all the best dpick:)

[mrmarmite]

Hi Everyone, does anyone think that it would be a good idea and ok to just send £1 to BCW this week instead of the £5 I was intending, as they didnt acknowledge that they received my last payment and I cant afford to keep losing £5, they have really annoyed me! just keep getting phone calls which I ignore, I pick the receiver up but put it straight down again.

 

don't just put the phone down on the PLEASE. just ask who's calling KEEP RECORD OF DATES AND TIME THEY CALL (might come in handy later on) just refuse to answer security questions,

 

OR if feelin brave whe they phone and they ask for dorsetgirl47 just say "uder the Data Protection Act please confirm your HOME telephone number, your FULL postal address AND your date of birth" they WILL reply I don't have to give you that, you reply well if you don't give me yours I won't give you mine, have a nice day THEN put phone down on em

 

ONCE you have done it and realised you done it you will start to enjoy it and think of ya own things, trust me, i been there already

[mrmarmite]

Hi if you sent the £5 by recorded delivery and they have cashed it then I think that if you answer the phone just ask them do you refuse to admit that you have received my £5 payment if the say we have not received your payment then say but I have proof you have received my payment I want a statement to the affect that you say you have not received my payment then I can inform the police so they can investigate a case of theft. They are so daft I don't think they will ring again, or of course you could start shouting down the phone WHERE IS MY £5 YOU THIEVING B******D'S then repeat the same thing for every question they ask

 

I did get one twerp to keep asking questions for about 4 minutes before he rang off

 

all the best dpick:)

 

lmao yes i totally agree with you, just remember we helping newbies out THAT have just come out from behind the sofa ! ! !

[Conniff]

Hi Everyone, does anyone think that it would be a good idea and ok to just send £1 to BCW this week instead of the £5 I was intending, as they didnt acknowledge that they received my last payment and I cant afford to keep losing £5, they have really annoyed me! just keep getting phone calls which I ignore, I pick the receiver up but put it straight down again.

 

 

If that is all you can afford then send it, you have to live, and if this was taken to court, the judge would look at your means and probably order that you only pay that amount anyway.

 

As for loosing your £5. Don't worry about that either. As cheques are crossed, the only one that can cash them is the one whose name you wrote on it, so if it has been cashed, then it has gone to the correct person, and your bank statements will show that.

I think under the circumstances, it may be best to continue with cheques and then you can prove they have been cashed as the drawers name will be on the statement as well.

 

When they phone you should sing one of those annoying 'go around in your head all day' songs, that will probably stop them calling.

[babble]

Hi There, I'm sorry to hear that you're suffering these problems - I have had similar problems with quite a few.

As someone else has mentioned - send a CCA request to all your creditors along with the wording in bold that you do not acknowledge the debt. Get them to prove the debt before you pay them any more money.

On the CCA request tell them categorically that you will not communicate by any other method than in writing. Telephone calls will be logged and a formal complaint be issued to your telecoms provider as they are using the telephone to harrass or intimidate you.

When they started the constant phone calls with me I had quite a lot of fun and games with them. At first I just told them I would only correspond in writing but they ignored that so I started speaking to them in German, being really leery (when they asked if they could speak to me I would ask them if they could speak to me etc) and generally taking the micky. After a while of winding these idiots (and my wife being fed up of them ringing) up it got a bit boring so I just changed my number.

If they ignore it just ring your phone company up and get them to change your number - it's a pain but it'll be a lot easier on your nerves. I told my phone company I was getting sales and all sorts of other calls and they changed it within 24 hours.

Also make note that this includes sending people to the house to visit you. They have no statutory right to step onto your property without your consent. If you deny consent in this letter then they will be committing aggravated trespass if they turn up which is a criminal offence.

[mrmarmite]

Hi There, I'm sorry to hear that you're suffering these problems - I have had similar problems with quite a few.

As someone else has mentioned - send a CCA request to all your creditors along with the wording in bold that you do not acknowledge the debt. Get them to prove the debt before you pay them any more money.

On the CCA request tell them categorically that you will not communicate by any other method than in writing. Telephone calls will be logged and a formal complaint be issued to your telecoms provider as they are using the telephone to harrass or intimidate you.

When they started the constant phone calls with me I had quite a lot of fun and games with them. At first I just told them I would only correspond in writing but they ignored that so I started speaking to them in German, being really leery (when they asked if they could speak to me I would ask them if they could speak to me etc) and generally taking the micky. After a while of winding these idiots (and my wife being fed up of them ringing) up it got a bit boring so I just changed my number.

If they ignore it just ring your phone company up and get them to change your number - it's a pain but it'll be a lot easier on your nerves. I told my phone company I was getting sales and all sorts of other calls and they changed it within 24 hours.

Also make note that this includes sending people to the house to visit you. They have no statutory right to step onto your property without your consent. If you deny consent in this letter then they will be committing aggravated trespass if they turn up which is a criminal offence.

 

 

not good idea to put i do not acknoledge this debt to some 1 that you are paying.

 

well not yet anyway

[dorsetgirl47]

MrMarmite...you give very good advice, but useless weather predictions, it did not rain here on sat, so I looked a right idiot in my mackintosh:)

I sent £5 to BCW by recorded delivery and asked them to have the decency to acknowledge my payment, and I told them I dont answer the door to strangers!

[mrmarmite]

lmao, it only what i heard on wave 105. it sommit of nuffin apart from it rained last nite and then it froze, not good when trying to defrost me car at 5.30 in the mornin

 

good to rest

[dorsetgirl47]

Hope you didnt mind what I said.....I felt quite good today after posting my letter, and its all because of the good advice I've had on here.

[merlyn2003]

My house m8 had a provident loan. Apparently acording to the guy at the door he has defaulted on it. I had the guy thretening me and telling me to make sure he got his act together.

All very amusing as I love taking on these companies.

They broke 15 laws by doing what they have done most of them civil but by talking to me about his personal business they also broke the data protection act 1998 section 59 sub sections 1 and 2. that makes it a criminal offence as stated in sub section 3 of the said section 59.

I helped him wright a notice under section 10 and if they ignore that I will help him wright a letter detailing every breach that have made under the dpa1998 and cca1974 and demanding a lawful justification for each.