Buchanan clark& wells & 02 problem?

[elie1977]

Hi all I am a newbie to this site and need some advice quickly please?

Recently my partner as been contacted by BCW regarding a cancelled o2 account. After been spoken to aggressively and been told that they are not here to be nice to me they are here to recover a debt. I got a bit p***** off and found this site and found it very helpful, I sent a copy of a letter I found on this website about asking for the alleged agreement that o2 was chasing, below is a copy of the letter.

Buchanan Clark & Wells

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ********** Reference Number ********** re: Telefonica O2 UK LTD

 

I do not acknowledge any debt to your company for the sum of £217.39. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee and Data Protection Request.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents within 12 days of receiving this letter, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

I look forward to hearing from you in due course.

Yours faithfully

they have just sent the cheque back and stating that they do not hold a copy of the agreement at this office as we are not the creditor. However I would advise that the agreement you have requested is only available from the retailer where you purchased your phone. Our client (02) do not hold these documents (how can they enforce the debt with no agreement) i have requested a full statement of account to be issued to you directly, and your account as been placed on hold in the interim. (but yet rang them about documents today and they say account is not on hold and they will still chase the debt even that they have no agreements or docs proving the debt and if i wish i can seek legal advice)

Also rang o2 and they advised me that BCW bought the debt, and to deal with them, they also gave me an address to send copies of correspondence or information about all letters we have sent and BCW have sent to my partner and anything else we think that might be relevent.

Any help welcome?

[IdaInFife]

sorry but phones are not covered under the cca act.

 

 

if you want to see what info O2 hold on oyu you need to send a sar to O2 this would include sending £10 postal order

 

can you say how old this debt is?

 

ida x

[babybear39]

BCW are bery aggresive initially but their bark tapers off when you start to challenge them. Report them to TS and the OFT for their aggressive attitude and if they call come back here and we'll give you something short including a reference to Furguson V British Gas Trading to throw at them for harassment

[elie1977]

How can they hold a debt against you then? And the debt is 4 months old, they cancelled the contract due to struggling with finances, they would not negotiate payments and cancelled contract, so now left owing £217, phoned o2 and they have no paperwork just what is on computer? So i thought no contract no pay?

[IdaInFife]

no cca no pay for a credit agreement- you do not have a credit agreement with 02.

 

if you are not diputing the debt or balance then propbarbly best to make an offer of payment

 

you can also send BCW a letter to stop them calling you:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

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, FOS, 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.

 

Yours faithfully,

 

[NAME HERE]

 

 

Ida x

[elie1977]

Phoned BCW on Saturday 25th july 09 as got a letter saying account on hold as they hold no paperwork, so phoned o2, and after 45mins and only speaking to someone for a total of 10mins altogether as they did not have a clue what we was on about with s77&s78 of credit act, even though they do not run under these rules (which felt really good to get a big co on the back foot)? And now these do not come under CCA rules phoned up following Friday 31st July 09 to pay BCW off and to my amasement they only wanted £72.00 settlement and now phone back on, YE

[IdaInFife]

glad you got it resolved to your satisfaction

 

ida x