Buchanan Clark + Wells - Debt Letters - Capital One

[Sharma]

Hi,

 

My wife received a debt collection letter from Buchanan Clark + Wells on the 20/08/10 with regards to an old Capital One Credit Card debt from about 1997 - total was £494.00.

 

On the 27/08/10 I wrote them a letter on her behalf requesting a Consumer Credit Agreement for this debt and sent them the £1 cheque. I got the letter template from this site. I also sent it by Royal Mail 'Special Delivery'. I give them the deadline dates to produce this document.

 

On the 31/08/10 my wife received a reply from them. It said something like, we don't hold Consumer Credit Agreements at this office, we are not the Creditor. We have returned your cheque, your account is on hold and we have requested our client send the document direct to you.

 

I have not heard anything from Buchanan Clark + Well or their client. No one has sent me the Consumer Credit Agreement to date.

 

What should I do know?

 

Regards,

 

Les

 

SORRY CAN ADMIN DELETE THIS THREAD. I'VE DONE A DOUBLE POST.

Edited October 11, 2010 by Sharma

[silverfox1961]

Hi,

Until they come back with something, I would do nothing however, if no payment has been made since 1997 nor any acknowledgement of the debt made, you can tell them to sod off as the debt is Statute Barred

[Sharma]

Thanks for your reply. Also don't they have to produce the Consumer Credit Agreement within 30 days or I can report them?

 

Les

[firstship]

Sharma.................Hi....welcome......when was the last payment made to Capital One??????????you say its an old debt,if no payment has been made and you have not acknowledged the debt in the 6 year period, 5 years in Scotland the debt becomes Statute Barred. By sending a CCA to Buchanan Clark they have come up with a very standard reply and referred it all back to Capital. Send Capital a CCA with the £1 postal order and send Recorded,as before take the template letter but make the first line of the letter "I do not acknowledge any debt with your company......................if it is 6 years since any payment was made,dont bother with the CCA,instead send the Statute Barred letter from the CAG template file..........................good luck................FS..................Your next move regarding Buchanan is do nothing.....................I will be very surprised if Capital have copies of any agreement going back so far.

Edited October 11, 2010 by firstship
missed out line

[silverfox1961]

Ignore the 30 days-that no longer applies.

They have 12 working days from receipt of the request (not including 2 days for postage) If they cannot produce the agreement, they cannot enforce the debt through the courts.

 

Can you say when the last payment was made (approx)

[silverfox1961]

Two threads merged. Please keep to one topic per thread

Thanks

fox

[Sharma]

Me and my wife have been together since 2000 and she has made no payments since then. Or had any contact with them since then also.

[firstship]

Fox.........sorry we have both replied within 1 minute,asking the same questions............FS

[firstship]

Sharma..........as Fox and myself have said this debt is Statute Barred................tell them to just go away.............FS

[Sharma]

Thank-you both for your rapid replies tonight. I will post them the Statute Barred letter.

 

Les

[Sharma]

Where is the Statute Barred letter template on this site?

[silverfox1961]

The letter is here