buchananclark and wells - HELP!

[lovemycats]

Hello,

 

I have seen a lot of threads on this website regarding the above offenders. I have recently been sent a letter demanding I pay for a store card I had 10 years ago.

 

What is the best way of dealing with them? Because I have read that if I telephone them they will harrase me and if i write my corrospondance will convinientley get lost.

 

I am thinking of contacting the FSA and trading standards as I am led to believe (after researching the company name) that they may be a fraudulant company.

 

I would like to get this resolved ASAP before any further action is taken, any advice would be much appreciated.

 

Thank You

[MRSWESTHAM]

Have you made any payments in the last six years?

[maroondevo52]

Hello and Welcome, lovemycats.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[Guest Old_andrew2018]

Just file under ignore, I've a few letters from them, usually they stop after 2nd or 3rd.

 

andy

[Pinky69]

If you haven't made any payments or acknowledged the debt for 6 years, it's Statute Barred. I think it is a reflection of how desperate the DCAs are getting that they are pursuing crumbs from way badk they have hope of collecting.

[Bazooka Boo]

I have seen a lot of threads on this website regarding the above offenders. I have recently been sent a letter demanding I pay for a store card I had 10 years ago.

 

Hmm BCW eh!

As has already been asked when was the last payment you made, or acknowledgement you made to them (in writing!)

 

What is the best way of dealing with them? Because I have read that if I telephone them they will harrase me and if i write my corrospondance will convinientley get lost.

Always make your corresponence in writing 'only' and send everything via recorded delivery, that way then you have a legally enfoceable paper trail of evidence.

 

I am thinking of contacting the FSA and trading standards as I am led to believe (after researching the company name) that they may be a fraudulant company.

If you believe them to be fraudulent then the FSA and TS will do nothing, you should report them to the Police.

 

I would like to get this resolved ASAP before any further action is taken, any advice would be much appreciated.

Unfortunately it is never that simple, and no action you take will ever get this resolved overnight:(

 

You should start your complaint with BCW, and the OFT, FOS, TS, ICO, and even your local MP

 

 

Boo;)

[lovemycats]

Thank you for the advice all!

 

The last time I acknowledged this company was 9 / 10 years ago. So is this technically illegal for them to be chasing me?

 

Should I maybe speak to the company which I had the store card with / the company that have supposedly instructed Buchananclark + wells to recover this money? (Aktiv Kapital UK Limited).

 

A few years ago I double checked that I had no debts as I did not want my records to be affected, I was told that I was completeley in the green, clear!

 

I just cannot believe that this company will target people like this and scare them! I will write to them without a doubt and take this further if I must. I can't really see them taking me to court??

 

Thanks

[clemma]

Speak to no one!! This is statute barred - just send them they following letter:

 

Dear Sir/Madam

 

Acc/Ref No xxxxxxxx

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last contact of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

[lovemycats]

Thank you so much for that!

 

So if I send BCW this letter they will then not be able to bother me at all? If they do what should I do?

 

So just to double check, I am completley within my rights not to pay this off?

 

Really appreciate your help.

[Pinky69]

You do not have to pay them a penny. Send them a letter telling them it is Statute barred and as far as you are concerned that is the end of the matter. They are not permitted to contact you again thereafter. If they bother you after that, send their letters to the OFT and tell them you are being harrased for an alleged debt that is Statute Barred.

[lovemycats]

My mind is now at rest, really appreciate the help.

 

I knew I shouldn't pay, but you panic and don't know what to do.

 

It was lucky that I looked on this website before taking any further action. But most people would just pay straight away, it's terrible that companies get away with this.

 

I will send the above letter asap.

 

Thank You for all your help, I hope other people in this situation find this thread!

[babybear39]

If you do get further hasstle from BCW, report them and AK to TS and the OFT as AK is under OFT sanctions at the moment

[Bazooka Boo]

Heres a few links to help you with a complaint if required in the future;

The Office of Fair Trading: Contact us

 

Financial Ombudsman Service

 

Consumer Direct

 

How to Complain

 

Complaints - Privacy & electronic communication - ICO

 

Boo;)

[lovemycats]

Thanks for the help everyone

[maroondevo52]

Hi,

 

We had a good result this morning, regarding a similar issue.......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/210420-dca-trouble-help-please.html

 

Regards.

 

Scott.

[andie_303]

make sure you send that letter to Activ Kaptial as well - cos BCW will just pass it back to them and they will chase it again.

 

preempt it

[lovemycats]

Hi Everyone,

 

Re this thread I sent BCW a letter back (if you have a look further up this thread there is a letter template - it was basically the same).

 

They have since sent me 2 letters saying exactly the same thing. They have made up a date that I last paid the date, funnily enough it was within the last 6 years....This debt is over 9 years old.

And also quoting other Law's that meant the debt was not statute barred.

 

The letters both say they will be taking us to court.

These were both send early and mid November.

 

We have now recieved our fourth letter stating they will be sending a "debt investigation officer" round to our property.

 

 

The only contact I have made with BCW is sending that letter to them, I have not called them as I know this is a bad idea.

 

Does anyone have ANY advice on where I should go from here?

 

Anything would be appreciated as I am fed up of worrying about this company

 

Many Thanks

H.

[babybear39]

Send the 'do not darken my doorstep' letter and sit back and wait.

[Huff&Puff]

Making up payments is a clear attempt at Fraud. Report them to Trading Standards and the OFT. That also has the effect of making them go away a lot of the time.

[Pinky69]

Send a letter to the OFT stating they are pursuing you for a Statute Barred debt and are fabricating that you made payments you did not make in an attempt to make it appear as if the debt were not Statute Barred. Mark the bottom of the letter "CC Buchanan, Clark and Wells Complaints Department" - and send a copy to that department.

[Bazooka Boo]

I'd be spitting feathers!

 

Tell them all of the dates you will be free to go to court, and that they must carry out their fantasy.

Once at court, seek damages from them and send these sad excuses for human beings back in their little hovels, I'm just waiting to 'happen' across a DCA X-mas Party in a pub, I might become a bar man for the night so I can give them extra lemonade in their shandy's:D

[antibank]

bcw are thick as short planks, their is a person called tanya ask for her shes funny to listen to.

[Guest Old_andrew2018]

Was the last letter from BCW or another of their friends