BCW statute barred clock

[digitalantichrist]

OK, here's a quick one.

 

There is a debt in my credit file which is due to be statute barred on the 29th September 2008.

 

I just got a 'Legal Notification' letter in from Buchanan Clark and Wells regarding this debt.

 

If I CCA them, or send them letter M (Disputing liability), does this re-set the Statute Barring clock?

 

ta muchly

[IdaInFife]

No,

 

Only you making a payment to it will get the clock ticking.

 

Unless you have a decree or ccj on this.

 

 

 

Ida x

[digitalantichrist]

*phew!* that is a relief, I've been quietly pooping myself that any communication with them would set the clock back. So far, there's no ccj or decree, so I'll be sending off the cca this weekend.

 

thanks muchly!

d.

[knoxvillain]

stick ***I do not acknowledge any debt to your company*** on your letters and I always refer to the account as "alleged debt". BCW are a bunch of ******s I'm dealing with them atm because of SLC. good luck

[Percival Wigglesbottom]

If you are certain you want to chance giving them a £1 they might claim is admission of the debt, be very careful how you do this. Use a postal order .. reference that PO number to your cca request and photocopy it and the PO , make reference to the theft amendment law relating to crediting accounts wrongly. Do not write your account info on the PO at all. The only way they know the PO is from you is reference to the accompanying cca request . To be totally safe thou, i'd just ignore them . Keep all communications with them down to nill till after sept 08. So, no cca request.

[Percival Wigglesbottom]

Is this 'legal notification' a letter before action, or another of their pseudo-legal may or may not take you to court attempts, any chance you could scan and post it, minus your details ?

[knoxvillain]

It'll just be a standard "pay up now or we may take legal action" I've recieved one from them before too. I've heard of other people getting them and 12 months later still they haven't been to court.

[IdaInFife]

Sending the cca is not an admission of debt. If you have had no contact with this company , I would send the prove it letter first.

 

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 send recorded.

 

Ida x

[digitalantichrist]

*grins*

 

again, thank you all for your wonderful advice!

 

Percival, it looks like a pseudo-letter, to be honest, but I have worries that mebe they'll actually take action. I think it must be the kind of letter Knox is referring to. I'll try to get my scanner up and running and post it.

 

If I send the cca, is there a time limit for them to respond within?

 

thanks muchly!

Edited July 2, 2008 by digitalantichrist

[knoxvillain]

yes, it's something like 12 days and then they're in default of the request and then they have another 30 days before they are committing a criminal office.

[digitalantichrist]

Hi all, the first file (BCW01) is the letter BCW sent regarding legal notification.

 

The second is one (BCW02) I received today about being visited by a debt investigation officer.

 

Finally got my scanner working again!

 

 

ps: oh, they're a bit wee, have i done it right?

Edited July 15, 2008 by digitalantichrist
oddness

[knoxvillain]

better to use photobucket and post links

[digitalantichrist]

heh, thanks!

 

http://i332.photobucket.com/albums/m348/darrenb1976/bcw01.jpg

 

http://i332.photobucket.com/albums/m348/darrenb1976/bcw02.jpg

[knoxvillain]

I've certainly received the first letter before and they've done nothing so far. Haven't recieved the second one from BCW but when HBOS sent them out, no-one ever came. If someone does show up, tell them to f*** off and come back with a court order and some police. lol DO NOT LET THEM IN YOUR HOUSE!

[digitalantichrist]

I think, though I may be mistaken, that I got a similar letter from a previous dca years ago and no-one came, I'm hoping that this will be the case again. There's no way I'd let those cnuts in the house tho, heh.