Buchanan Clarke & Wells and Fife Council

[gorse36]

Please any help would be appreciated

 

I have received a letter from BCW who claim that I owe Fife Council some money.

 

They have written before and sent it to the incorrect address - despite this they still sent another letter to the wrong address so that makes me feel that they have not paid attention to the letters I sent them back in February. The letters are going to my parents house who are in the 70's and they do not need the worry.

 

I have copies of the letters I sent them in February and have wondered about sending a copy for them to look at again, but it will probably again be totally ignored.

 

This letter is stating that as I have not made contact they are threatening to freeze my bank account - can they do this without a court order?

 

Does anyone know if the 'prove it' letter in the templates library relates to Scotland? I think I will also send an SAR to Fife Council. If I owe the money then of course I will pay, but I have not lived in Scotland since Nov 2001 and although I understand the statute barred rule, as this is with a council I am wondering if it is connect with Council Tax which does not fall into this pigeon hole.

 

Any help would be gratefully appreciated.

 

Many thanks:???:

[maroondevo52]

Hi,

 

Think you'll have to find out what the debt is before anyone can advise.

 

If it is Council Tax, In Scotland arrears of council tax and community charge can be recovered for up to 20 years from the date of the Summary Warrant which is similar to a sheriff court decree.

 

Summary Warrants for council tax arrears are automatically granted by the sheriff court following an application by the council.

 

The Council Tax (Administration and Enforcement) Regulations, 1992 do not apply in Scotland.

 

Regards.

 

Scott.

[gorse36]

I thought this would be the case and is not a problem to do, but just wondered if the letter in the templates library is relevant to scotland too?

 

Can anyone help?

[maroondevo52]

Hi,

 

Yes, send this to BCW..........................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Send recorded.

 

Regards.

 

Scott.

[gorse36]

Many thanks

 

Letter printed and ready to send Recorded.

[hellmamab]

Glad i came across your question as i am in the same boat with this company, I have not lived at the address they are chasing me for foe 11 yrs and knew nothing about this debt until May this year, when i contacted BC&W about this they could not tell me what the debt was for only that it was FC, so contacted them and was told it was for the year 1997, sure i was on benifts in that year but no way to prove it. Good Luck.

[hellmamab]

Glad i came across your question as i am in the same boat with this company, I have not lived at the address they are chasing me for, for 11 yrs and knew nothing about this debt until May this year, when i contacted BC&W about this they could not tell me what the debt was for only that it was FC, so contacted them and was told it was for the year 1997, sure i was on benifts in that year but no way to prove it. Good Luck.

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[gorse36]

I received a letter from Fife Council stating what was owed and why and what it was relating to and they asked me to make contact this BCW in order to make a payment plan.

So I emailed BCW and have received an email back stating that they want me to put in writing income and expenditure and also to make a suggestion of what to pay and how often etc.

 

I thought that the only people who can request income and expenditure were the courts? Maybe I am wrong, but I am not really keen on BCW knowing everything about my income and expenditure.

 

Any advice most welcome.

[IdaInFife]

You are correct that you do no have to supply this info but if you wish them to set up a payment plan then it is best to do so to stop any further enforment action.

[gorse36]

I understand what you are saying and in a way quite agree. Does anyone know of a template form which can be used for this purpose at all?

[IdaInFife]

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re Account No/Reference No:− 4563210025897412

 

Since making that above agreement with you, our circumstances have changed.

 

We cannot now afford to agreed monthly payments because ... [your paragraph added here]

 

We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only £123 per month left for our creditors. The offers we have made to our creditors have worked out on a pro−rata basis, and we have written to all our creditors asking them to accept reduced payments.

 

In view of our circumstances, please would you agree to accept a reduced offer of £27 per month. If interestautolinker.com autolinking image or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you.

 

Should our circumstances improve we will contact you again.

 

We would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance. We look forward to hearing from you as soon as possible.

 

Yours faithfully

Mr A N Other

 

amend to suit

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1712&d=1199396120

[gorse36]

Thanks for this. I have been told by BCW that without a full income and expenditure they will be unable to accept a payment plan and will enforce full payment of the debt. I asked fr a template and was told that they do not have one, but I can call them and they will happily go through the pertinent elements over the phone. I understand what is said about supplying one to avoid any further action being taken, but I am not happy to call them as I am aware what can happen.

 

What I am really looking for is some kind of calculator which will do calculations etc, which I know I can do on excel, but would welcome advice as to what needs to be included as an expense.

Another question is: 'would I be best applying directly to the council to repay the debt?'

 

If I was go undergo any enforcement, I would doubt they would get anything further off me than I am offering to pay and if I went through IVA it would be much less. Bankruptcy I assume would be much less still!

 

Any advice is very much welcomed.

[gorse36]

Edited October 26, 2010 by gorse36

[IdaInFife]

here is another budget planner that might help

 

http://www.nationaldebtline.co.uk/scotland/pdf/self_help_pack/workingout_pbs.pdf

 

applying to the council - they most likely will refer you back to bcw

[gorse36]

Can anyone tell me if I have requested an S.A.R, do I do an income and expenditure before I get this back or wait for this to happen?

 

Many thanks

[gorse36]

Just one more thing - as this is a debt which was incurred by me alone prior to be married am I right in thinking that this is my responsibility and nothing to do with my partner - ie his earning and expenses do not have to be taken into account?

[IdaInFife]

you will still need to keep going with the payment arrangement whilst awaiting the sar

 

as long as your income and outgoings are showing a tru reflection for youe share of the bills

 

i.e you cannot put you pay ALL the bills from your income you would nned to have them or do them pro rata depending on each others income

[gorse36]

After settling on a payment plan at the beginning of this year, I have today received a letter to say that they will be increasing my direct debit payment by 10%. My question is ... Can they do this? My salary has not increased by 10%. Also would it be more appropriate to stop the direct debit and set up a standing order?

 

Many thanks

[IdaInFife]

Yes or you can pay via online banking - send them a letter stating you have cancelled your direct debit as you cannot afford and increase in payments and request their banking details for SO or online banking