Worried & confused - letter from BCW

[worriedwoman]

Hello - I am hoping somebody will be able to suggest a course of action regarding two letters I have received in the past week from Buchananclark + wells - saying they have been instructed by Aktiv Kapital Asset Investment Ltd to recover a debt on behalf of Arcadia Budgettyres.

 

The first letter is a formal demand and states that they would prefer an amicable settlement but will not hesitate to commence legal proceedings.

 

The second is a final notice telling me that unless payment is made immediately they will seek to commence legal proceedings against me with payment of interest and Costs in addition to the principal sum.

 

I have no idea at all what this debt is and apart from the two letters received in the past 6 days, have never heard of any of the companies involved.

 

The strange thing is that the letter is address to my married surname at my present address. I separated from my husband in 2001 and moved house in the July, using my maiden name from that point on for all my transactions - in fact the only place I am still known in my married name is at work!!

 

I live to a tight budget as I am on my own now, and this has really worried me and I dont know what to do. I have tried to glean information from all the really useful threads - but really would be grateful for some advice.

 

Many thanks

[saintly_1]

You could try sending them a prove it letter

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

and see what they come back with

 

saint

[worriedwoman]

Thank you very much - I am very grateful for your advice.

 

I will send a letter and wait to see their response. I will post again if/when I receive a reply or if I receive further correspondance from BCW.

 

ww

[worriedwoman]

Another quick question if I may - should I respond on the letter with my maiden name, which is the name I use for everything with the exception of my workplace (and which is on the electoral role for the address the letter was sent to) and explain that I have not used my married name for years?

[slick132]

Respond with the name used on their letter and point out that you haven't used this name for years. Don't give them the other name though.

 

They may have just searched and come up with your details and are trying it on. Don't speak to them on the phone for any reason and if they call you, hang up.

[gni03349]

Just to add to the advice, send any correspondence recorded delivery and keep the receipt, so you can check when they received it, and who signed for it. Can I ask, are you legally seperated or divorced?

[worriedwoman]

Here I am back again with the next episode in the saga. I used the advice and sent a letter to BCW asking for details of the debt on 20th June and received a response on 24th June telling me that BCW do not hold copy Credit Agreements at their office as they are not the Creditro. They advised me that the account was placed on hold and that they had asked their Client (not sure if their client is Arcadia Budgettyres - Creditor, or Aktiv Kapital Investment Ltd - Pursuers) to forward the documents to me directly.

 

My next letter was from a company called ScotCall Debt Collecting Services (Glasgow) warning me of a doorstep collection on behalf of the creditor Aktiv Kapital Asset Investment Ltd Arcadia and telling me that failure to pay the outstanding debt of £345.13 would result in the account being passed to a Field Rep who would arrange a Doorstep call - this letter was dated 31st July. I ignored this.

 

Then another letter from BCW landed on the doormat - this was dated 14th August and enclosed a copy of an agreement dated 3rd March 2001 - it certainly has my signature on it and my details with my address when I lived with my ex husband. (The worrying part of this letter is that they used my maiden name - the name I have used for the past 7 years for all my transactions which I did not give them on my letter - I assume that they could have got this from the Electoral lists?) The agreement does not give any details of what the debt is for, merely that the instant credit value is for £350.

 

The story now gets more complicated! My son (who lived with me at the time) had a vague recollection of paying for tyres for his car on 'account' but couldnt give me any other details. So I visited my ex husband to see if I could find any details of this amongst all the paperword stuffed in cupboards. I found one letter from GE Capital Bank addressed to me thanking me for joining their direct debit scheme payments starting 13th July 2001.

 

I know that this sounds strange, but I honestly have no recall of any transaction. However I was in the throes of a not particularly amicable separation, and also I am not getting any younger !!!

 

So I still do not know what the charge of £345.13 is about - and this morning I have received yet another letter dated 21st August from the latest Debt Collector Scot Call telling me it is in MY OWN BEST INTEREST to contact them immediately and make an offer to repay the debt.

 

I am in a quandary as to what to do. If I did take out this credit agreement, how much did I spend out - I really cant see tyres costing £345.13!! I have only been driving since Sept 01 so it wasnt my car, and the only cars my son ever had have been of the 'old banger' variety. Also if a Direct Debit was set up, what happened to that - I still have the same bank account with the same account no and sort code.

 

I have read several threads on the forum that talk about debts not being enforcable after 6 years?

 

Please can somebody give me some solid advice - I have not had a single debt since I moved away from my husband. My mortgage, council tax, utility bills etc are all paid by DD, I do not live beyond my means ever. I am frightened now that they seem to have my maiden name that they can somehow blacken that name - is this possible? Should I contact my building society to check back to 2001? Should I write back to BCW to ask for details and breakdown of the bill? Or should I write to ScotCall and ask for it. I become more confused and worried the more I think about this.

 

Help!!!

[42man]

If you have neithe rmade a payment towards or acknowledged the debt then it is statute barred send letter 'M' to them which you can find here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html....by recorded delivery and do not hand sign it...

 

Also add this to the letter too...

 

Also please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[worriedwoman]

Thank you very much for your quick response. Do I send the letter to both BCW and ScotCall? Both companies are pressuring me for payment but it is only ScotCall that have said in the latest letter that they will send a doorstep Rep - BCW threatened this back in May but did not follow through a far as I am aware (I work full time so would not have been at home).

[emmaf01]

I would send it to both, just to cover your bases- typical DCA behaviour, having two of them chasing the same debt. Totally against guidelines.

[worriedwoman]

Thank you emmaf01 - I'm learning - I will send letters to both, recorded delivery with no written signature. I will post again when I have news - am really hoping that this will be resolved its just so stressful!!!

[emmaf01]

I hope so too- but remember the best way to get rid of bullies is to stand up to them. Cowards the lot of them.