BCW - reprise (a legal notification)

[davey_weir]

I know the creditor is 02 but its BCW who are chasing the alleged debt,despite you making them aware of the situation.Therefore it is BCW who should be targetted first.

Putting them on notice,puts a level playing field on things,and compels them too.

I am going to tailor something that will be appropriate.

 

The letter on your Orange thread was a reference to these issues.

As already stated,in the circumstances of the Orange default,there is very little or no hope of a result there.

 

The orange thread wasnt mine. Infact, Im with Orange and have no problems with them!

 

Just to update, I received the following letter from Philips Collection Group:

 

YOUR PHILIPS REFERENCE NUMBER: 1436930

OUTSTANDING AMOUNTS: £714.85

 

Security Code: 139

 

(the above is in a grey shaded box)

 

My name & address

NOTICE OF INSTRUCTION

 

Regarding Outstanding Arrears on behalf of BCW Group Plc

 

(Barcode here) Additional Details (if available)

Creditor: Telefonica O2 UK limited

Client Ref: B7819130

Details: (Our address)

Date Due: Aug 5, 2008

 

Date: 11 December 2008

 

We write to inform you we have been instructed to commence recovery procedures against you for the collection of the above arrears which remain outstanding to BCW Group Plc

 

Full payment of the outstanding amounts is hereby demanded within seven days of this notice to prevent further recovery procedures commencing.

 

Should you be unable to pay in full within seven days, an instalment plan may be accepted depending on your circumstances.

 

If you wish to pay by instalments you should contact one of our customer service operators on Tel: 0870 609 1554

 

When making payment using thr barcode, a standard

fee payable to Philips of £2.00 should be added to your

payment amount. This barcode should be kept and used

for future payments

 

 

(The above is in a box) (The barcode is in another box)

 

The letter is not signed.

 

Where do I go from here? How can BCW say o2 are willing to accept half of the disputed debt in settlement and then pass it onto a fourth party for the full amount??

 

Please help, I just want this settled.

[ODC]

Sounds like an inhouse threatomatic from BCW Pseudo Solicitors. Bet the typeface is the same and if you study the letter closely you will notice the address is the same at the bottom.

[MARTIN3030]

Its totally out of order.Is this Phillips Baliffs ?

They are not very nice people so you shouldnt stay silent.

[The GodMother]

have u just recieved thats letter?

[davey_weir]

have u just recieved thats letter?

 

Its totally out of order.Is this Phillips Baliffs ?

They are not very nice people so you shouldnt stay silent.

 

1. I received the letter on 11th December, however, I have been staying in my girlfriends so my mum called me to tell me I had mail

 

2. Yes Phillips. I have chased bailiffs before and Ill do it again. O2 arent getting a penny from me. Any advice?

[KER]

1. I received the letter on 11th December, however, I have been staying in my girlfriends so my mum called me to tell me I had mail

 

2. Yes Phillips. I have chased bailiffs before and Ill do it again. O2 arent getting a penny from me. Any advice?

 

 

Tell them you won't pay it so let them take you to court and let a judge decide.

[davey_weir]

Tell them you won't pay it so let them take you to court and let a judge decide.

 

It shouldnt get that far. I sent the phone back as instructed. They didnt receive it. Not my responsibility, theirs. End of. You love it you, thanks for your support.....:-|

[KER]

It shouldnt get that far. I sent the phone back as instructed. They didnt receive it. Not my responsibility, theirs. End of. You love it you, thanks for your support.....:-|

 

I don't "love it" as you put it! I've said to you ask them what that odd £200 is for, get the details of that, what is this sum made up of..

 

Why do you believe that that amount isn't valid for example? They have said in their letter to you that these are charges incurred BEFORE they added on the cost of the phone they never received. They have also said in detail that you had issues with their billing and they refunded you nearly £100 over these issues. So, what is with the £200 odd that needs to be sorted. THAT is the angle I would be taking, and if you can get them off your back for that amount, you might get the phone taken off as a matter of course.

 

I think claiming that "they didn't tell me to send it recorded so I didn't" is a bit of a non-argument, no matter how much you hope it isn't! Even getting something like proof of postage is free!

 

And this is why I say if they really want to pursue you for it, let them take you to court and a Judge can decide what is right and reasonable in the circumstances and the other side will have to produce all the evidence for you.

[The GodMother]

so u recieved it the day it was wrote to u? Sorry i read the date as august.

[The GodMother]

actually if the company does not say to obtian proof of purchese then they are ment to take responsibilty for the item.

 

My sisiter sent somrthing back to littlewoods and they recieved it. The post officer worker told her they dont give a recipt as it a prepaid parcel. I then stepped in and asked the lady to guarentee the parcel will be delivered and asked her to sign a document i had just put together that said something like

 

I agree to personally guarentee that the parcel with that Royal mail have been asked to return to littlewoods will be recieved by littlewoods and if it does not i will pay the full value of the goods as charged in the catalogue and listed on the statement out of my own wages.

 

She refused and spoke to her manager who said to give her a one off guarentee this was a recorded delivery slip.

 

She was told if she wanted one the next time she went to send a parcel back she would need to pay for it with the postage as if it was to be sent RD the pre paid postage did not exist.

 

Now the parcel is missing and she is reufusing to pay for it as the post office wanted £30 to return something with proof of delivery and for over 10 days my sister waited for littlewoods to pick up the item.

 

If only she had listened to me.

[KER]

actually if the company does not say to obtian proof of purchese then they are ment to take responsibilty for the item.

 

My sisiter sent somrthing back to littlewoods and they recieved it. The post officer worker told her they dont give a recipt as it a prepaid parcel. I then stepped in and asked the lady to guarentee the parcel will be delivered and asked her to sign a document i had just put together that said something like

 

I agree to personally guarentee that the parcel with that Royal mail have been asked to return to littlewoods will be recieved by littlewoods and if it does not i will pay the full value of the goods as charged in the catalogue and listed on the statement out of my own wages.

 

She refused and spoke to her manager who said to give her a one off guarentee this was a recorded delivery slip.

 

She was told if she wanted one the next time she went to send a parcel back she would need to pay for it with the postage as if it was to be sent RD the pre paid postage did not exist.

 

Now the parcel is missing and she is reufusing to pay for it as the post office wanted £30 to return something with proof of delivery and for over 10 days my sister waited for littlewoods to pick up the item.

 

If only she had listened to me.

 

How odd, because they use a "parcel returns service" There is always a barcode placed on the parcel, and that barcode is usually on a pre-printed receipt they will give you for it. It doesn't cost anything.

 

I did a survey elsewhere on this site, it went along the lines of "if you sent something to someone, and they said they didn't want it, and would return it, but had no proof of returning it, and it never arrived back to you, would you refund their money?" Oddly enough, everyone said they wouldn't refund the money!

 

Like I said, the best angle to take here is regarding that £200 that is also being contested.

[The GodMother]

yes they have a company that will pick up and drop off parcels but heres the problem. She recieved the parcel the thursday tried the shoes, outfit on. She did not feel comfy in it it felt a bit to tight even thought it was 2 sizes bigger than she normal gets and the metarial did not feel rite. the shoes were the wrong size.

 

Ordered different items and they were fine the shoes everything. The guy that came to the house said she could not return the parcel as it was not booked in to be picked up when she ordered the stuff she had just recieved she was told the driver would pick it up if no one already had. she wrang again the tueday to see what was going on yep they would have someone out to pick up the parcel within 3 days. the friday and parcel still had not been picked up. Rang again. She had now had the parcel 4 8 days and was told would defo be picked up monday fine was not picked up monday so she took it to post office who wanted £30 to return it to littlewoods if she wanted a proof of return/sending.

 

so she sent it withou the proof for free as the PO said she would have to pay delivery as RD could not just be added to anything pre paid.

 

I know this is wrong now and so does she but she is refusing to pay for itwems that she does not have and as result she is refusing to pay for the charges as well.

[KER]

That is for PAID proof though - a general certificate of posting is free!

[The GodMother]

No either way you should not have to pay for the whole parcels postage of you are using a pre paid envelope or anything. I have had over £100 worth of refunds beacuse of this. Any way a proof of posting recipt is not proof of delivery as that is what most of the argument with Littlewoods is about. They say they need a RD as proof they recieved the parcel if she sent it back.

[davey_weir]

No either way you should not have to pay for the whole parcels postage of you are using a pre paid envelope or anything. I have had over £100 worth of refunds beacuse of this. Any way a proof of posting recipt is not proof of delivery as that is what most of the argument with Littlewoods is about. They say they need a RD as proof they recieved the parcel if she sent it back.

 

Exactly. The £200, Im contesting that as I was mis-sold the contract and was told that if I wasnt happy to call and they would sort it out. My bill for that month was about £300. They refunded me for only text messages, not other usage, when they should have refunded me for the lot. I sent the phone back via the envelope I was sent out using the pre-paid envelope. At the time I didnt get proof of postage as I didnt know you could request one without paying for it. And as the envelope was pre-paid I made the assumption it would arrive back with o2.

 

Anyway, the philips letter.... where do I go with this? Maybe Martin can help me? Or anyone for that matter. I can scan a copy onto the forum if needed?

[The GodMother]

erm what does it say.

 

BTW i am happy to say that after a 8 week stand off littlewoods have decided to refund the goods but not he charges.

 

She is going to complain to them in writing and offer to pay for only the goods minus any charges that way they are both gonna be happy

[davey_weir]

I have posted it in a previous post. I dont want to duplicate posts. Basically it asks me for £714 within 7 days. And it makes me laugh. Arent they breaking the law again by passing it onto a 4th party whilst the debt is still in dispute?

[The GodMother]

dave as promised i found this in relation to ur postal argument.

 

The Universal Postal Act also states that post becomes the recipients property as soon as it enters the post-box. This applies whether it is sent recorded delivery or not.

It was on another thread and i have put out a plea for help regarding where i can find the relivant act

[KER]

Except that there has been a reply to your other post, and it doesn't apply to the UK.

 

 

(in fact, google "universal postal act" and there are only two links, both of which are in relation to your posts!)

[The GodMother]

Ker.

 

I understand you mean well by posting what you have but just think about this.

 

How many DCAs that you have had on the phone actually understand anything?

 

I have spoken to BCW many time B$ cag and when i have tried to explain there is a dispute on the acc and they are fully aware of it as they had it in writing they required a explination of what i had wrote in my letter. When i explained the acc was not set up by me they advised they did not understand what i was saying.

 

My advise to you is try and play that card and when/ if they understans then just say ok then

[davey_weir]

Ker.

 

I understand you mean well by posting what you have but just think about this.

 

How many DCAs that you have had on the phone actually understand anything?

 

I have spoken to BCW many time B$ cag and when i have tried to explain there is a dispute on the acc and they are fully aware of it as they had it in writing they required a explination of what i had wrote in my letter. When i explained the acc was not set up by me they advised they did not understand what i was saying.

 

My advise to you is try and play that card and when/ if they understans then just say ok then

 

Play what card exactly??

[The GodMother]

the dumb blonde card

[davey_weir]

Here is the letter sent by Philips. (I have myself a scanner now!!!)

 

 

Where, in this letter, is the option for "If this debt is in dispute contact us and we will back off until such debt is accepted"

 

And, aren't o2 breaking the law here by passing the debt and my details onto a FOURTH party?? (Nelson Solicitors, BCW and Philips)

Edited January 3, 2009 by davey_weir
Have updated the image.

[mr.ton]

The above "demand" has no legal authority whatsoever.

[The GodMother]

you still have the ref number up on that letter top right hand side as well as client refs and both barcodes.

 

I have allerted a mod to this.