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Buchanan Clark + Wells


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Hi,

There is this one:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

Personally, I would ignore them. If they persist, report them via Consumerdirect

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I didn't realise you were in Scotland so no, that letter won't do and I haven't seen a letter apart from the Scottish SB letter

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I would send a further Statute Barred by recorded delivery and keep a copy. If they ignore this one make a compliant about harassment.

Dear Sir/Madam

I refer to your correspondence dated the

I would ask you to consider the following points:

1. This debt has now prescribed under the Prescription and Limitation (Scotland) Act 1973 as the debt has subsisted for a continuous period of five years-

(a) Without any relevant claim having been made in relation to the obligation,

A relevant claim in a consumer credit contract would normally be the raising of a court action-

And

(b) Without subsistence of the obligation having being relevantly acknowledged,

Then as from the expiration of that period the obligation shall be extinguished

A relevant acknowledgement in a consumer credit contract would normally be an unequivocal written admission by the debtor that the debt still exists or by making payments to the debt

We would further advise you that in Scotland unlike England and Wales the debt is totally extinguished and ceases to exist.

Unless you have contrary and irrefutable proof to the above we would ask that you refrain from making any further claims.

You will no doubt be aware that the Office of Fair Trading (OFT) has issued guidelines as to practices which it considers to be unfair. We feel that your continued pursuit of this debt when it no longer exists under the above legislation is a contravention of these guidelines and throws it to question your fitness to hold a consumer credit licence.

It will therefore be our intention, if your activity persists; to report the matter to the OFT Consumer Credit Enforcement Team

Yours faithfully

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  • 3 weeks later...

As a previous employee for BCW, I can sympathise. I left the company due to their shoddy, underhand tactics. Don't be bullied by them. The people who man the phones are generally utter amateurs and concerned with only one thing: Bonuses.

 

The bonus culture at BCW is horrendous. No one gives a damn about the 'debtors' because they all just want to hit targets to get more money. There's no incentive for trained debt collectors.

 

Make sure you send them a letter asking them to contact you only in writing. In my personal experience, the correspondence administrators are better trained and more knowledgable than the monkeys on the phones.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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I would give consumer direct a ring.

 

Consumer Direct - Contact us

 

They will pass your complaint on to their local trading standards

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Has anyone (Scotland) had any trouble recently from a company in Glasgow called Fresh Start? My son has been telephoned constantly by them regarding a debt which has long since been paid in full through another Glasgow company, Murray White, a nasty shower if ever there was one. Would be glad to hear of any other experiences with either of the above. We have reported the Fresh Start lot to OFT/TS as they are constantly calling his office number.

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I've never heard of Fresh Start, but Murray White are pretty well known. They're just a debt collection agency.

 

Calling someone who is at their place of work goes against the OFT guidelines for debt collection, so they should act on it, but don't expect a swift resolution - the OFT are notoriously slow in everything they do.

 

In the meantime, your son should tell the company that he is at work and it's against OFT guidance (by recorded delivery letter), assuming he hasn't already done so.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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Thanks for that infor, I will make sure that the company sends a recorded delivery letter to the Fresh Start lot saying just that. Bad enough when you DO owe a debt, but when you DONT, it's a bit much. I am assuming that Murray White have sold them a 'pup' as there is in fact no debt outstanding?

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