Buchananclark + Wells vs. Captain Spaulding

[Captain Spaulding]

Found this site on google and was wondering if someone can help please.

 

I've started getting letters from buchananclark + wells stating they are acting for pursuers called Aktiv Kapital First Investment for a sub £2k debt.

 

I received a letter a few weeks ago which went stright in the bin as I have no idea of what/who the pursuers/creditor is as I dont owe any money to anyone.

 

This second letter is now saying that

 

"despite repeated requests for payment on my overdue debt, their clients sum remains outstanding. Accordingly, documents can now be prepared for the issue of a claim against me in my local court

 

Once judgement or decreee has been granted has been granted, the following can take place:

 

Debt increased to include legal costs

Name entered into public records of the court

Credit being adversly affected

 

Please call them to stop etc"

 

I've read on this forum not to call them or give them phone numbers.

 

What letter should I send to these people as I have no knowledge of any debts or their client OR the creditor???

 

Look forward to some help as this is doing my head in...

 

(incidentally when we sorted mortgage, we had hassle with another person with same DOB and name who had gone bankrupt)

 

Thanks in advance

Edited June 19, 2008 by Captain Spaulding

[Michael Browne]

Dear Sir/Madam

 

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

[babybear39]

Subscribing...

[Captain Spaulding]

Michael, thanks for that comprehensive letter - exactly my thoughts, provide the evidence or get lost...

 

Do I have to send recorded or anything?

 

Thanks again

[babybear39]

MB isn't on at the mo so I'll answer...

 

DON'T sign it, print your name, send recorded or special delivery and keep copies of everything very safe.

[Captain Spaulding]

Hi, thanks for the help.

 

How come not to sign it? Will do, going to keep a complete audit of all of this from now on.

 

Is it true that these companies just have details of a name and then spam loads of different addresses of those names that match?

 

Cheers!

[babybear39]

Hi, thanks for the help.

 

How come not to sign it? Will do, going to keep a complete audit of all of this from now on.

 

Is it true that these companies just have details of a name and then spam loads of different addresses of those names that match?

 

Cheers!

 

Never sign anything you send to DCAs etc., as it is rumoured that some allegedly copy and paste signatures

 

And yes, it's true that a lot of them go on 'phishing trips' hoping to catch people unaware and scare them into paying, even if the alleged debt isn't anything to do with them.

 

There has even been a very well publicised case of a DCA hounding a grandmother to suicide for a debt that belonged to someone 300 miles away

[Captain Spaulding]

Thanks for clearing that up, sneaky *****. I will send the letter and await a reply. I've been reading other threads and in effect am I asking them for a copy of the original consumer credit agreement of which they have x days to reply or they cannot legally enforce the debt?

 

Thanks for your continued help, very much appreciated!

[babybear39]

You're not sending a CCA request, the letter MB supplied is a 'prove it' letter as in prove the debt is even yours...CCA may come later.

 

You're very welcome for help , that's what we're here for

[Captain Spaulding]

Excellent, thanks for clearing that up... Am I right in saying that a DCA cannot instigate legal action against you - has to come from the pursuer/creditor?

 

Very reassuring to find this place and read others experience/get help against these chancers!!

[NailPost]

Unless they have bought the debt a collector like BCW would need the agreement of the original creditor before they can instigate legal proceedings. Then again the debt collector needs the original agreement before they can do anything. Very few of them get the go-ahead from the original creditor and even fewer have the documents to make the case stand up in court.

[Captain Spaulding]

I sent the letter recorded and it was delivered (proof by Royal Mail). On the same day, a letter was dispatched by Geoffrey Parker Bourne solicitors from Warwickshire.

 

The letter threatens that I have 14 days to arrange repayment or they will issue legal proceedings against me (which would be hilarious!!)

 

I will give them an opportunity as the threat-o-matic letter by these monkey solicitors was sent on the same day as buchanancock + wells received their prove it letter

 

If I get anything more, I'm going to provide them with notification that while the account is in dispute, each letter I am forced to write will be followed by an invoice for writing said letter, I WILL follow these invoices and progress to small claims court if necessary

 

Take legal action BCW group, would love to see you in court!!

[Captain Spaulding]

Also just noticed that the envelope was stamped from Glasgow AND the return address is Glasgow at the very same address where are dear friends BCW reside....

 

The letter from GPB is not an original, its a copy - is masquerading as a solicitor legal?

[Captain Spaulding]

Today I received a nicely (no joking!) worded letter from BCW acknowlding my prove it letter. They state that they are arranging for Aktiv Krapital to send a copy of the invoice (invoice )

 

Am I right in saying that if I receive any more threat-o-matic letters that they are committing an offence as the debt is reasonably disputed? (important for me as this is when I will notify them of charges per letter)

[Captain Spaulding]

Oh dear oh dear :-|

 

Today I got home to find a letter from our dear friends at buchanancock + wells saying they are disappointed that the balance remains outstanding however they are prepared to knock 1/3 of the alleged debt described as an exceptional opportunity

 

If I dont accept within 5 days, they will instigate legal proceedings against me

 

Strange thing, looking at the dates - its dated 19th June (the letter sent acknowledging receipt of my prove it letter was dated 20th but I received that on the 22nd)

 

Should I give them the benefit of the doubt or is it more likely that they fiddled the date on the threat-o-matic letter?

[babybear39]

They're trying it on

 

They more than likely have nothing.

[Captain Spaulding]

I bet you are right, the second they step out of line I want to stomp on them quick.

 

Events timeline....

24th May - threat-o-matic letter

|

14th June - prove it letter sent by me to bcw

|

16th June - letter from Geoffry Parker Bourne threatening court action

|

21st June - letter from bcw stating acktiv crapital will send me the invoice n they acknowledge dispute

|

27th June - threat-o-matic special offer letter with threat of litigation in 5 days

 

Is there a letter template (very straight to the point) that covers the fact that they are chasing this whilst the debt is in reasonable dispute?

 

Thanks for the help....

[babybear39]

Use this if you need too:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

[Captain Spaulding]

Hi, thanks for the post. Now this is going to seem really dumb but how does that relate to this current situation and how can I use that to construct a letter?

 

Sorry if I'm missing the point...

[Captain Spaulding]

Bump

 

Can someone explain what this I can do in this case with the Unfair Commercial Practices Directive?

 

Thanks in advance

[babybear39]

If you take a read at this thread, it'll help you understand how you can use it against 1st crud:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

[Captain Spaulding]

Hi... thanks for the post, I have read through it but still did not get it, will take a look again.

 

Things have gone quite for now, I guess whilst they contact Aktiv Crapital for the 'invoice'. Will see what they manage to produce then take it from there.

 

I've read that Aktiv Crapital are buyers of statute barred debts - is this true?

[babybear39]

Basically, if they default on your CCA request, report them to Trading Standards ASAP as they now have new legislation to back up prosecutions for such actions. You might need to mention the new directive though as some departments might not be fully trained in it yet

 

And yes, allegedly AK do purchase statute barred accounts, as do many of the other bottom feeding **** mentioned on here

[Captain Spaulding]

Was not a CCA request I put to them, was just a prove it letter - CCA may come later so really, they are in default of nothing...

 

Cant wait to see their next move!

[babybear39]

Oops...Getting confudled with another thread sorry :o