Buchananclark + Wells – Not my Debt

[BOF1951]

Hello,

 

My son left home in 2000 and currently works overseas, he has not been back to the UK for more than two weeks a year and not at all some years. He has not been shown at this address on the Electoral Register since 2001.

 

About 6 years ago, Abbey started sending letters to him demanding the repayment of his Graduate Account overdraft. Despite numerous letters to Abbey saying he no longer lived here, the letters continued, followed by letters from DCAs. Eventually, again after numerous letters to all and sundry and the Financial Ombudsman, Abbey apologised and we heard no more.

 

Until this month. So far three letters have arrived, the last being a FORMAL DEMAND, all from this Buchananclark + wells DCA. I was about to write to them but decide to look them up on the internet first. I was not surprised to find them on this site.

 

My questions is, should I go ahead and write to them, explain that my son no longer lives here etc etc; or should I just leave it?

 

Regards,

BOF

[dcakiller]

I would just send them a letter telling them you son no longer lives with you. Do not call them as they will only lie bully or try to convince you that you are liable for this debt.

[Uptotheneck]

The alleged debt is statute barred so I don't see how they can go any further with it.

 

Someone else will be able to advise on this but I know if the statute barred letter would only be acceptable from your son.

 

 

Regards

 

 

David

[dcakiller]

Sorry I missed the fact that the debt is statue barred. but I think you can send the statute bared letter as your sons representitive .

[mr.ton]

Just waiting to see what nonsense Mr Carruthers gets back to me with after my last letter was sent to BCW....he accused me of being "misconceived" last time

[Undercover-Elsa]

Hi ,

Quite right, the debt is Statute Barred and as such is unenforceable (and they know it, but hope that you/your son don't know.

I've amended the template letter for you:

 

Ref Account Number:

You have contacted our address regarding the account with the above reference number, which you claim is owed by our son, who has not lived at this address since 2000 and now lives overseas.

We are most suprised to have been contacted with reference to this alleged debt, which we are sure you must be aware is now Statute Barred.

For your reference 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 payment or acknowledgement of this alleged debt would have been 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 our son 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 him 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 CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made with us or our son concerning the above account.

 

If they don't accept it from you then you'd need to get your son to do a copy himself, C/O your address.

Hope this helps,

Elsa x

[Undercover-Elsa]

Just waiting to see what nonsense Mr Carruthers gets back to me with after my last letter was sent to BCW....he accused me of being "misconceived" last time

 

How very dare he!! Isn't that the same as calling you illegitimate??

[mr.ton]

To be fair...he used that word in the context of my references to OFT guidelines, even so its a word some people could easily take offence to

Anyway....should have seen my follow up letter to him after getting that one

[Undercover-Elsa]

Did you accuse them of sending a Genetically Modified CCA?

[mr.ton]

Its quite cool the way it works at the moment with BCW & myself - they send the letter & i reply to them by email, they then send another letter, i reply by email & so on......

Their last letter started - "In response to your emails of the (date) & (date) & (date)".....im keeping them busy having to reply to all the emails

[Uptotheneck]

I might try that with Robinson Way, take a few of my shares out of the post office.

 

 

Regards

 

 

David

[mr.ton]

The fools at BCW dont seem to realize what merry-go-round ive got them on at the moment.

Im happy to just keep on receiving their letters & to just be replying to them by email for as long as need be.....

[Undercover-Elsa]

Love it! If you get Incredimail you could do some really creative special effects for them..make your replies look like a Summons, for instance

(and it tracks whether they've got the mail too )

[mr.ton]

They'll still be sending their letters in response to my emails months from now & one day they may actually wake up and realize that the amount they are seeking still hasnt been repaid

[BOF1951]

Thanks folks, a very interesting read!

 

A slight hitch in the timings has come to light. I had forgotten that in early 2006 my son came home for a short break between contracts and within a few days was offered a very well paid job in the UK. He opened a load of letters gathering dust in his room, one of them from another DCA about his Graduate loan. He responded and said he would clear it within a month or two (the offered job was that well paid!). I do not recall if he ever had a response to his letter.

 

However, when he actually started the job, it turned out the actual salary was not a 'salary' but an "estimated earnings" based on a whole host of factors. Lesson Number 1, read the small print! Lesson Number 2, listen to your dad!

 

He resigned the same day, made some phone calls to Europe and went back over there a week later, more the wiser I hope. So the 6 year rule does not appear to be relevant in this case.

 

I am still going to write to Buchanan, but will leave out the those bits.

Cheers,

BOF

Edited September 19, 2009 by BOF1951

[Undercover-Elsa]

Hmm, if it was to another DCA it's possible it may have got lost in the mists of time.

To be honest, I'd ignore that unless he actually made a payment, and send the Statute Barred letter anyway.

It's up to THEM to prove the debt, not vice versa.

Elsa x

[sillygirl1]

Especially as they seem to have waited a long time to contact your son and are now contacting you - a cast iron case for an OFT complaint.

[BOF1951]

Hmm, if it was to another DCA it's possible it may have got lost in the mists of time.

To be honest, I'd ignore that unless he actually made a payment, and send the Statute Barred letter anyway.

It's up to THEM to prove the debt, not vice versa.

Elsa x

 

Point taken. I have no idea if he did make a payment; probably not because he spent most of his time chasing women and grazing through the kitchen!

Thanks for the advise.

Cheers,

BOF

Edited September 19, 2009 by BOF1951

[BOF1951]

Especially as they seem to have waited a long time to contact your son and are now contacting you - a cast iron case for an OFT complaint.

 

I presume because this is a 'fishing trip'?

Cheers,

BOF

[BOF1951]

This will be in the post tomorrow, sent by Recorded Delivery:

 

Dear Sirs,

 

Your Reference:

Client Reference:

Client:

 

I have received a number of letters addressed to my son xxx at this address in relation to the above alleged debt.

 

I am surprised to have received letters addressed to xxx as your client, xxx xxx Plc, is fully aware that my son has not lived at this address since 1999 and has been resident overseas since 2002. In 2006, following a complaint to the Chief Executive, xxx xxx Plc offered a full apology for the continued use of my address in relation to this matter. I was assured my details had been removed from their files. As this is obviously not the case, I will be making a complaint to the relevant authorities.

 

As a Debt Collecting Agency, you will know 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”.

 

You will also know, under its Debt Collection Guidance on Statute Barred debt, the OFT say that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

I do not know the date of this alleged debt, but as my son has been resident at a number of temporary addresses within the United Kingdom since 1999 and permanently resident outside the United Kingdom since 2002, it is highly unlikely that your client or any of its agents has had any contact with him within the six year limitation period. Therefore, as you are no doubt aware, the alleged debt is now Statute Barred.

 

The OFT also states that continuing to press for payment for a debt that is Statute Barred could amount to harassment, contrary to CPUTR2008.

 

Unless you can provide documentary evidence of payment or written contact from my son in the relevant period laid out under Section 5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against him to recover the alleged amount claimed. Please note, sending computer generated letters to my son at an address which is known to be incorrect, does not count as ‘documentary evidence’.

 

I await your written confirmation that this matter is now closed and that no further contact will be made with us or our son concerning the above account.

 

Yours etc.

--------------------------------------------------------------

 

Any comments or advice?

 

Cheers,

BOF

 

[Undercover-Elsa]

Hi Bof,

Good letter

The only thing I'd change is

Unless you can provide documentary evidence of payment or written contact from my son

 

to:

Unless you can provide documentary evidence of payment or written acknowledgement of the debt from my son

 

Regards,

Elsa x

[BOF1951]

Hi Elsa,

 

Thank you.

I will change the letter as you suggested. I am looking forward to their reply, if I ever get one. Looking at some of the posts about this DCA really give the impression they are at the lower end of the market, where honour and integrity are words they have never heard of, let alone understand.

 

Cheers,

BOF

[Undercover-Elsa]

No problem Bof

Never a truer word was spoken!

The more you learn about their activities..not just on here, but on their own websites and industry association sites such as Credit Today, the more horrified you will become.

On Cag we deal with helping real people with real problems, whereas they treat "debtors" worse than battery hens and discuss them in terms which totally dehumanise. No wonder we like to kick back on here!

Look forward to an update,

Elsa x

[BOF1951]

Will do, and "Thanks" once again for your advice.

Cheers,

BOF