BCW Buchanan Clark & Wells Harrassment

[loobyloo35]

Hi,

I keep receiving notification of a debt for £104 that I owe.

 

Now I know I owe this and its about 2 years old.

 

I have written to them and set up a weekly standing order payment of £5 per week.

 

To be honest I could just send them a cheque and clear the whole balance but I don't see why I should, especially as they are calling me daily at home/work - god knows where they got my numbers from given I am ex directory!

 

Can they keep harrassing me even though I have written to them and also enclosed a cheque with my reply for £14 to get the debt down to £90 with £5 weekly payments starting beginning of Feb or is this just more scare tactics with their standard "investigation officer" letters coming through my door recently?

 

Any help greatly appreciated, thanks

[mr.ton]

DCA's are rotten & greedy to the core.

No matter what you agree with then, they will always think they can harrass you for more.

Thats why i encourage you to cancel all monies you are paying them with immediate effect & to tell em to get lost.

They have no legal right to anything off you anyway as it stands.

Once you start fighting back & they see that the harrassment is not getting to you - they will soon leave you alone.

[loobyloo35]

Regardless of whether I owe them the money can i just stop paying them? Surely I cannot do that can I? What grounds would they have? I don't want to get into further debt/trouble as I am trying to clear my debts - new year's resolution etc. etc!

[silverfox1961]

Hi,

Your choice as whether to pay them or not but I'd be sending them this

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

 

It may not stop them ringing but you have legal recourse if they don't stop after you have told them to stop.

The thing is, do BCW have the right to be collecting on the debt?

Did you receive a default notice from your creditor?

Did you receive a notice of assignment from your creditor?

If not then BCW don't have the right to collect.

If it's a credit agreement, do they have that agrement?

At the end of the day, it's your choice how much you pay them not the other way round. Only a court can make you pay more and they would be silly going to court over such a piddling amount.

 

 

fox

[mr.ton]

Oh yes you can!!!!!!!!!!!!

They have no legal power or authority to that money off you regardless of it you owe it or not.

Only the county court has any power to make you pay up & even that is when all your essential outgoings have been taken into account etc..

[ScabHunter]

If you are in a position to spend £104 on clearing this alleged debt, then you are in a position to do something more useful with it.

 

Have a look at the top of the main debt collection industry web page, and you will see an offer for a piece of kit called a trueCall. If the telephone is an important part of your life, this is the piece of technology which will claim back your right to use it for your own legitimate purposes.

 

As for the alleged debt itself, what type is it? Loan? Credit card? Overdraft?

 

If it is covered by the relevant part of CCA 1974, have you asked for a copy of the agreement? If it is an overdraft, do you know how much of the balance may be made up of unlawful charges? What about the default notice and notice of assignment as Silverfox mentioned?

 

There are a lot of questions to be asked before you start donating money.

 

SH

[loobyloo35]

OMG! I really have opened a can of worms, and there was me thinking it was just a simple debt that I had to pay lol!

 

Funnily enough I had a "live chat" conversation with someone from another company for a debt of £600 (money shop) and they wanted me to increase my £5 a week offer or face further action mmmm like you say they cannot do this without court action am I right in thinking this?

 

The debt this is linked to is a catalogue which I didnt pay. I lost my house through redundancy and the ever increasing interest rates going up and then moved to a rented house, now they have tracked me down and I am getting the letters through my door.

 

I know that I owe this debt and don't want to inucur further charges.

 

I havent asked for a copy of the credit agreement - is this something I should do to all my creditors - does this delay things or perhaps stop them from pursuing the debt?

 

Normally I just pay up as and when I can be bothered and have never really looked too much into this until I came across this really great website.

 

If the balance on my debts include charges, can I get these removed etc? As for the default notice can I get this removed or marked as paid once it has been etc.

 

Any help is gratefully appreciated as I have messed up my credit record so bad that I am struggling to get credit full stop!

 

Thanks in advance.

[silverfox1961]

When I first joined this forum i got told that when a DCA tells me to jump, I say how high. I'm a lot smarter now:D

 

If you decide to have a live chat again tell them where to go.

Apply for the agreement but carry on paying until either they write and tell you they haven't got one or the 12+2 days run out then the account is in dispute.

They may just come back with an agreement but it is a catalogue company. If you asked for a show of hands to how many of the Caggers have received a valid CCA from them, you wouldn't see many.

It is your right to see a copy of your agreement at any time and you should not be penalised for doing so.

 

fox

[loobyloo35]

Mmmm well I might just ask to see a copy of my credit agreement for ALL the debts I have.

 

If the DCA's cannot provide this what happens then?

[silverfox1961]

Your credit record is going to be stuffed for many years to come however, IF they don't have a copy of your agreement they also do not have your permission to be using your data and you can demand they remove it from Credit Reference Agencies.

 

If the DCA's cannot provide an agreement or provide an agreement that is invalid then you are well within your rights to stop paying but at a later date, if the do manage to come up with an agreement, they can then enforce the debt.

 

As I see it, the best thing to do now is CCA as many as you wish, wait and see what comes back and we'll take it from there.

Between now and then, read up on Photobucket so that when something comes back, you will know how to post up your letters.

 

fox

[loobyloo35]

I am going to write to BCW today asking for a copy of the credit agreement, as I think they were knocking at my door on Wed eve and then a mobile number rang the house and BCW called the next day, so things add up.

 

Can I just stop paying them until I receive the Ca providing they have one? I am due to start paying 3rd Feb.

[silverfox1961]

Hi again,

That is up to you.

some people say to stop paying straight away, others will say carry on paying until they default or send you a naff CCA.

My own personal view is that as they haven't proved to you that you owe them a debt then why should you pay. You will get the phone calls and threatograms but that's normal.

Once they can't prove a debt exists they can be told to go away and file further letters for future reference.

 

fox

[loobyloo35]

Cheers Fox.

 

Letters are winging their way as we speak via recorded delivery.

 

I will continue to pay £5 a week to them at least the debt is coming down slowly whilst the CCA is awaited, that way should they pass it back to anyone I have a record of payments made etc., so at least the debt is being paid off, albeit slowly.

 

Just off topic slightly, unless I have a Court Order to pay am I right in thinking they have NO control whatsoever over how much I pay each week or month to clear the debts?

 

Jo

[silverfox1961]

 

Just off topic slightly, unless I have a Court Order to pay am I right in thinking they have NO control whatsoever over how much I pay each week or month to clear the debts?

 

Jo

 

You are correct. No DCA can force anyone to pay anything (I didn't know this 4 months ago)

Only a court can make you pay anything but they will take your income/expenditure into account before making that order. If all you have left after all your outgoings is £1, that is all the DCA will get, AND that's per month!

 

fox

[loobyloo35]

So effectively I could work out my incomings/outgoings and say "sorry I can only afford £1 per month" - can they do anything then or will they accept it or keep threatening me?

[mr.ton]

So effectively I could work out my incomings/outgoings and say "sorry I can only afford £1 per month" - can they do anything then or will they accept it or keep threatening me?

 

You dont have to say "sorry" at all.....you can say that is what they MUST accept in a like it or lump it sort of way

No doubt they will continue to harrass you - but they will only do so if they sense you are vunerable & capable of buckling under pressure easily.

A few good "f off's" from my book of cheekiness will make them leave you alone once they see they are getting nowhere with you.

Personally...i think even £1 per month is to good for these idiots.

Let them take you a county court...that way you will be getting them to spend money, just so they get that £1 per month back

[loobyloo35]

oh I might just decrease my £5 a week standing order payment then!

 

So in a nice way how can I write to them and tell them to f... off?

[silverfox1961]

oh I might just decrease my £5 a week standing order payment then!

 

So in a nice way how can I write to them and tell them to f... off?

 

 

Dear Sir/Madam

Politely F*** off

Yours

Loobyloo

[loobyloo35]

You dont have to say "sorry" at all.....you can say that is what they MUST accept in a like it or lump it sort of way

No doubt they will continue to harrass you - but they will only do so if they sense you are vunerable & capable of buckling under pressure easily.

A few good "f off's" from my book of cheekiness will make them leave you alone once they see they are getting nowhere with you.

Personally...i think even £1 per month is to good for these idiots.

Let them take you a county court...that way you will be getting them to spend money, just so they get that £1 per month back

 

WHOOPS! Just decreased my payments to £1 a week instead of £5 a week, perhaps I should change this to £1 per month and see what happens! Well they havent sent me my CCA yet so who knows!

[loobyloo35]

Dear Sir/Madam

Politely F*** off

Yours

Loobyloo

 

BRILLIANT! Am typing it as we speak lol

[mr.ton]

WHOOPS! Just decreased my payments to £1 a week instead of £5 a week, perhaps I should change this to £1 per month and see what happens! Well they havent sent me my CCA yet so who knows!

 

Not perhaps...you WILL do & you WILL also quit with the nice/polite pleasantries towards them

[loobyloo35]

Not perhaps...you WILL do & you WILL also quit with the nice/polite pleasantries towards them

 

I am learning fast that these guys are a bunch of to**ers, but I don't want them turning up on my doorstep, banging at the door should my son be there on his own.

 

I guess 99% of the time they don't turn up but last week SOMEONE was knocking on my door and then ringing the landline!

[mr.ton]

I am learning fast that these guys are a bunch of to**ers, but I don't want them turning up on my doorstep, banging at the door should my son be there on his own.

 

I guess 99% of the time they don't turn up but last week SOMEONE was knocking on my door and then ringing the landline!

 

Theres always a slight chance that will happen, very rarely...but if so, they have no rights unless intructed by a court.

They can just be told to go away & if they refuse ring the police and report a breach of the peace.

[loobyloo35]

This is my letter to them... any advice appreciated, thanks - balance is £90

 

 

We write with reference to the money which you are claiming on the above account.

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £30.00 and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 14 days of receiving your written agreement of this offer and method of payment.

We look forward to receiving your reply.

Yours faithfully

[loobyloo35]

I think my debt has been passed back to Cabot! Just had a missed call on my mobile from them! Would that be perhaps because BCW havent got the CCA that I request I wonder????