buchananclark+wells

[paula5650]

hi everyone im new here can anyone give me some advise i keep getting final demands from buchananclark+wells for a debt that i know nothing about they say its for someone called scotcall limited which i know nothing about either. i have been sending letters asking what this debt is and for them to send me cpies but they choose to ignore them and keep sending final demands the last one now says they are taking me to court what else can i do paula

[summer30]

Hi Paula

 

Send them a CCA request and do not anywhere in the letter acknowledge the debt. Put in £1 cheque or postal order and wait and see what happens they have 12 days plus 14 days to provide the credit agreement.

 

Most importantly do not sign the letter and send it recorded or special delivery so you have proof it got there.

 

Heres the template I used

 

Re:− Account/Reference Number **********

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of the credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Mr A Nnoyed

[babybear39]

Personally, as you say that you don't know anything of any debts, I'd send them a 'prove it' letter here before CCA'ing them:

 

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, send recorded and keep copies of everything.

[Pinky69]

As they have ignored your requests, send a letter asking them to prove the debt is yours to their Complaints Department by Recorded Delivery. They cannot ignore it then and you will have proof they have received it. Make it clear that you are making a formal complaint that previous letters have been ignored and if you do not receive a reply you will make formal complaints to the Financial Ombudsman service and the Information Commissioner.

[babybear39]

As they have ignored your requests, send a letter asking them to prove the debt is yours to their Complaints Department by Recorded Delivery. They cannot ignore it then and you will have proof they have received it. Make it clear that you are making a formal complaint that previous letters have been ignored and if you do not receive a reply you will make formal complaints to the Financial Ombudsman service and the Information Commissioner.

 

Yes, I agree. Use the above letter adding a line about it being a formal complaint as well as a 'prove it' letter.

[Guest forgottenone]

Hi, Paula. You've been given some very helpful advice. BCW are one of the worst of the bunch. Not replying to your letters is just all part of their psychological strategies. As you may know, common across the board with DCA's. On the whole. But if you start flinging legal sounding things, eg asserting your rights - because they don't want you to know what they are, so exploit things that way - they tend to mostly take notice. If they don't they breach guidelines, can be fined. Particularly the CCA request. And letters where harassment are concerned.

 

Only other thing I would say here is don't ever speak to BCW on the phone. You probably know that, but they will probably send you letters, send you into a panic ie force you to phone them. Only reason I say this is because I know from personal experience the sheer nastiness when BCW are on the phone.

 

Trouble with me was, I didn't know places like CAG existed, nor what they could/couldn't do. Which I do now, of course. Wish you well.

[Guest forgottenone]

Crossed posts. Sorry.

[babybear39]

Forgottenone is right about phoning or if they call you. DO NOT EVER SPEAK TO THEM ON THE PHONE. Tell them very firmly "in writting only", refuse to answer their security questions and hang up.

[summer30]

I found with them they ignore anything, recorded or not, at least with a CCA you know whether this debt is really yours or not and it gets t hem off your back.

 

Thats just my personal experience with them on two different occasions now, the CCA req shut them up completely

[babybear39]

They don't like Trading Standards either, so a report to theirs and yours might get them moving. Here's TS contact details:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[paula5650]

hi every one thanks for your advise i didnt expect such quick response and so many lol. I sent a letter to them yesterday saying........

 

Dear sir or madam

I am writing to you regarding your letter dated 27th May 2008. On the 29th April 2008 I sent you a letter regarding this matter, of which I have enclosed another copy for your attention.

You will not be receiving any payments from myself until this dispute is resolved.

If I find that my first letter has been ignored and that this covering letter is also ignored then there is no doubt in my mind I will be pursuing this matter further.

Please be aware that when a debt is in dispute it has either to be passed back to the original creditor or any further action halted.

 

This will be my final letter to you. Failure to take heed of the contents of the letter I have sent you will be at your own cost. You will receive no further warnings.

 

of which i sent recorded delivery . so do you think i should wait and see if i get any response first THANKS PAULA

[babybear39]

Wait for a response...