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Wkdblueboi V Buchanan Clark + Webb


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Hi if anyone can possibly help id be very gratefull - 1st post - here goes...

 

In 2003 i had a £500 limit burtons store card from GE Capital well ive since moved 3 times and never got round to paying this off.

 

Last year i got a few letters from Thames Credit Limited and then they passed the debt to Buchanan Clark + Webb. The debt they are claiming was for 937.62. After numerous letters back in Nov 2007 even thou id just lost my job i agreed to pay them £25 a month by Direct Debit.

 

I really can no longer afford to pay this as im still no working and dependent on my partner.

 

I read on the forums about if they cant find the agreement then the debt is viod, something like that. should i go down this avenue or have i messed things up by paying them for 6 months? :Cry:

 

Any thoughts and assistance would be appreciated, Cheers

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Hi and Welcome, Wkdblueboi.

 

Matters not a jot if you've been paying them or not.

 

Send BC+W letter 'N' in the Templates Library.

 

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

 

No CCA, no enforceable debt.

 

Send it Recorded and Don't sign it.

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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update :-

 

Got a letter from BCW today dated 6 June, they say in referance to your letter.... We do not hold copy credit agreements as we are not the creditor; however we have put your account on hold.

 

We have asked your original creditor to forward you the information directly (they also returned my P/O £1)

 

Anyone had this? also Direct Debit due in 10 day do i cancel this.

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Hi,

 

I would cancel the D/D. Why give them any more money, wait and see if they can come up with your CCA.

 

The letter they send is standard responce, at least that's your account on hold :)

 

Wait until the time limits with the CCA are up, then we can decide what to do then. If they send you anything else, post it on here and we'll see what we can do.

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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BCW will try and collect even on cancelled DDs. they did this to me for many months until TS put a stop to it. So be VERY clear with your bank when you cancel it.

"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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Thanks guys.

 

Will cancell the DD as you said if the accoun is on hold they shouldnt be tking pyments. I will wait the 12 + 2 and take it from there.

 

The 1st payment i made was through debit card, can they take another as the DD will be cancelled?

 

Cheers Guys

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It's never a good idea to pay via debit card as some unscrupilous DCAs keep your card details and use them whenever they want. You should take enough money out of your account and then cancel the card, explaining to your bank that there may be possible fraud.

"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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  • 2 weeks later...

They may send letters confirming that you have cancelled and will try to pressure you into paying, do not pay anything until they can legally prove your liability for the debt

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Until GE Capital or whatever they are called these days write to me with the Credit Agreement im not paying anything - as BCW said they have asked them to forward i directly.

 

Also it was a £500 store card and yet the debt totaled £900+ so must have lots of charges.

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Await confirmation of the CCA (or not most likely), if they can produce it then the next step would be a S.A.R request to identify the charges. As I understand, additional charges are not enforceable...

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Got a letter from BCW today :

 

VISIT BY DEBT INVESTIGATION OFFICER

 

Dear (me)

 

Your agreed commitment to settle your outstanding account with Thames Credit Limited for £££ has been dishonoured.

You were informed in our last corresponance of impending Court Action, as part of that process, we must advise you that authority has now been granted to proceed with a Personal Visitation by a Debt Investigation Officer at your home address.

If your address is incorrect or if there is a particular time you wish the Officer to call we would ask yoto contact us immediately on 0871 700 1547.

 

Has anyone got any suggestions??

 

As my other posts say i applied for a CCA and they sent me my postal order back and said my account has been put on hold and they have asked GE Money to provide me with th information directly - received nothing else till this - cancelled D/D as account is on hold.

 

Letter dated 24june

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Challenge the "authority has been granted bit" - ask them who granted that and by what part of law they intend relying on when they end up before a judge for harrasmment, intimidation and general [causing problems].

 

In your letter revoke the implied permission to visit your address by their officers. It is very doubtful they have field officers but just be safe. Then if anyone turns up claiming to be from these cretins you tellthem to go away. How nicely is up to you. If they don't call the police reporting a breach of the peace.

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Send them this:

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

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

 

Amend to suit, do not sign, print your name, send recorded and keep a copy.

"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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Dear Sirs,

ACCOUNT IN DISPUTE AND PASSED ON TO A DCA

 

DCA Ref: 123456789

Account number: 0000111122223333

Dear Sirs,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Name of co and has been since Date

Not only is this a breach of OFT collection guidelines, but also in breach of the CCA 74.

 

As Name of co are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the Name of co for resolution of these defaults and breaches, as Name Of DCA cannot lawfully pursue any enforcement activities.

 

If Name of DCA chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

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.

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

----------------------------------------------------------------------------------------------------------------------------

I would hit them with this and send it recorded and remember NEVER sign the letter. I sure there may be other suggestions to come as well.

Good luck

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I got exactly the same letter, how pathetic is that statement "authority has now been given" - no authority given here buddy!

 

All the above information is great, letter from babybear should shut them up a little

 

Stupid DCA's....

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  • 5 months later...

Hi Guys its been quite since june but today i recieved the credit agreement for Burtons. :sad: 5 months after the original request ???

 

Any way its here and it loks genuine. Am i right in saying i now should send a SAR with £10 P/o to :

 

Data Protection Administration

GE Money

PO Box 700

Leeds

LS99 2BD

 

As i know there must be charges on here. The card is for £500 my debt 900+ (can i claim back the charges + interest = clear the debt?)

 

Also i have been sent a Topman agreement with a credit of £150 and a debt of 400+

 

Also of note. on the credit agreements i notice section 2 (ppi it is signed on the topman account - but not on the burtons)

 

This is where i am lol :confused:

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