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Buchananclark and wells


jus73
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First post so here goes,

 

I received a letter last friday stating i owed £135.38 to Creditors Aktiv Kapital Asset Investment, on behalf of Arcadia DFS. it was a formal demand letter etc etc. The address on the letter did not have my flat number, just the block (postie had kindly delivered it to me as he knew the surname) and the surname was spelt incorrectly (only slightly as the last letter was incorrect).

I called the number to enquire what the problem was. I was dealt with by a very rude woman. She asked the first line of the address, whcih i confirmed from the letter (minus the number) and confirmed the surname on the letter. She then asked my telephone number which i refused. I told her i had no obligation to provide this. She asked my date of birth which i again refused. I asked her to elaborate on the letter. She could not and only told me what the letter stated. She said it was my obligation to prove i had no debt outstanding. She then asked if i was going to pay her now. I refused and stated i would need to seek advice first and find out what she was talking about. Told her there was no way i was going to just pay without speaking to the very least DFS to clarify.( ihad bought a DFS sofa 3 yrs ago, as far as i was aware i paid the last installments off and have never heard since). She then stated she would record the fact I had called and refused to co-operate. i questioned this stating I had provided her with all she required to know. She stated she would make it known I had refused all questions etc. I hung up.

I have read several threads on this and have copied the letter proforma and am ready to send it off. I am just wondering if i should even bother if they dont have my actual address? Should I start getting involved in this or just leave it. Some advice please guys would be great.

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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.

Be VERY careful whose advice you listen too

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i posted the letter on the 26th, registered delivery, i guess arriving yesterday. today got home to another letter from them dated 25th Feb saying "since you have failed to notify us of any legitimate reason for non payment we can only assume that you do not wish to settle this amicably" with FINAL NOTICE in bold red print at the top. Unlees payment is made immediately they will instigate legal proceedings, which incurs interest and costs.

 

shall i allow for a response to my letter sent 2 days ago or respond to this one i got today?

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  • 1 month later...
  • 1 month later...

I am also receiving threatening letters claiming to come from the BCWgroup asking me for ever increasing sums of money for a debt that obviously isn't mine. (I don't owe anyone anything, they've spelt my name wrong and I've never heard of the companies involved - Acktiv Kapital Investment and Arcadia Dickens and Jones) The only phone number it gives is a 0871 number(for payment) and it encourages you to pay the debt online. I'm not sure if it is a [problem] or a mistake but the the letters are really nasty. What should I do?

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Hi Swell, welcome to CAG :)

 

It's better if you start your own thread as you'll get more replies that way.

 

Good luck and best wishes.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Guest forgottenone

Oh, BCW? Where should I start with their inhumane treatment on the phone to people? As others have said, don't ever ever get on the phone - especially not with this sadistic bunch, and I am being polite there - because I made that mistake last year ... very nearly sent me over the edge. Then I found dozens of websites with this bunch mentioned. What they imagine they can get away with down the phone.

 

All I can say is if you think the letters are nasty, what you would be exposed to on the phone ... Don't phone them. Swell, they are possibly phishing but others will help you here in a separate thread.

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