Buchanan Clark & Wells keeps phone asking for someone else

[fork-it]

Buchanan Clark & Wells keeps phone asking for someone elses name.

 

They have written to my address for the same named. I binned the letters initialy but they kept coming so I opened one. Its a debt collector.

 

They say they will keep writing to this person at my address because they have some "business they need to clear up".

 

As I have no contract with BCW, Im not sure if the Protection from Harassement Act applies.

 

I have asked them to stop calling ansd writing but they say only the named person can do that by contacting them.

 

I can apply for a restraining order at court but that is a drastic measure.

 

Anyone have any comments on what I can do.

[citizenB]

I will flag this up for site team attention.

[citizenB]

YOu should just return the letters marked "Return to sender - Addressee unknown"

 

I wonder if it would also be a good idea to check your credit files.. JIC someone has used your address/telephone number.

 

It could of course purely be a phishing trip on the part of B&W .. but very worrying just the same.

[Ell-enn]

How long have you lived at your address ?

[fork-it]

I have returned them as NKATA but they keep coming, its not the letters that bothers me, its the nuisance telephone calls.

 

I got a statutory credit report (the £2 one) with Experian quoting my DOB and came back 100% clean.

 

Phishing? they havnt asked for passwords or bank details - yet.

 

Ive lived at my address since 2001. Previous owner names are nothing similar to the name on BCW phone calls and letters.

 

Would service of a Section 10 Notice on BCW work? Im not the named so not sure the legal position.

[unclebulgaria67]

BCW are a pretty stupid DCA. They don't look at returned mail. They will just spend a few months continually contacting your address and then give up. I had this with a relatives debt who had never lived at my address. They kept sending letters and making phone calls for several months, for which I just ignored them or told them to get lost. Once of their staff even suggested that it must be embarassing having a debtor in the family and that would I like to help them. They then stopped for awhile, the debt was passed onto another DCA, but they were back at it again 6 months or a year later. They even left about 16 messages on my answerphone while I was away on holiday. I wrote a complaint for which no reply was received, but they never contacted my address again.

 

So my advice is to make a complaint in writing by recorded delivery and if you don't receive a reply, see if the FOS will take a complaint.

[fork-it]

Ive never told them to get lost as such. I must be too polite.

 

I waited until they tripped up and threatned me with police and other stuff we hear about. They are adamant they will continue to pursue their job of contacting their debtor. They even asked me to contact them and ask they contact BCW on an 0845, or pass a reference number to them.

 

I dont think the FOS will do anything. I woudl prefer to Section 10 it, then get a copy of the credit contract giving rise to the debt. I could see if I can get to the bottom of it. The very last resort is apply for a restraining order.

 

I never use recorded delivery because they can refuse to sign for it and it bounces. That means delivery has not been effected in the meaning of Section 7 of the Interpretation Act 1978. A proof of posting is good enough.

[Ell-enn]

Write to them enclosing any recent letters addressed to the wrong name- advising them you are sick and tired of telling them that person does not live there and that you will take action under the Protection from Harrassment Act if they do not stop contacting you. Also in the letter advise them that they now owe you £55.00 for the time you have had to devote to dealing with their phone calls, letters, also for stationery and postage and the amount is due by return post or you will take further action to recover ! send by special delivery - they have to sign for it and therefore will have acknowledged your bill for £55 - if you send by normal post they will simply say they never received it.

 

 

Also report them to trading standards

[harrassed senior]

This is a very annoying thing to be happening. Are you with BT or is this a mobile number they have gotten hold of? You could make a complaint for nuisance calls.

[fork-it]

Write to them enclosing any recent letters addressed to the wrong name- advising them you are sick and tired of telling them that person does not live there and that you will take action under the Protection from Harrassment Act if they do not stop contacting you. Also in the letter advise them that they now owe you £55.00 for the time you have had to devote to dealing with their phone calls, letters, also for stationery and postage and the amount is due by return post or you will take further action to recover ! send by special delivery - they have to sign for it and therefore will have acknowledged your bill for £55 - if you send by normal post they will simply say they never received it.

 

 

Also report them to trading standards

 

This was my line of thought. Protection from harassment.

 

I dont think I can ask for £55 because its not actual costs or a pre-estimate of my costs. I cannot sue for distress caused because its not listed as an injury in the Personal Injury Protocol. The nearest is a Section 10 Notice under the Consumer Credit Act.

 

Ive never used secured delivery because it bounces when a signature is refused. In court evidence I produce the proof of posting certificate and the Court accepts Section 7 of the Interpeetation Act 1978. The other party then has to prove beyond all reasonable doubt they did not receive it. Very hard to do without lying to a court.

[fork-it]

This is a very annoying thing to be happening. Are you with BT or is this a mobile number they have gotten hold of? You could make a complaint for nuisance calls.

 

Its a landline, callers number witheld, but I havnt made any enquiry with the phone company regarding nuisance calls.

[postggj]

you can sue for distress

 

remember the British case case

[fork-it]

Do you mean Lisa Ferguson v British Gas?

 

I dont think I have a case undert this precedent http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html because there is no anxiety or distress caused. Besides, Im not even named on the documents or the person they keep telephoning.

[fork-it]

The name they ask for is female, and I am male. But I'll find a stand in. I know someone who likes a laugh.

[unclebulgaria67]

The name they ask for is female, and I am male. But I'll find a stand in. I know someone who likes a laugh.

 

But that makes it more fun. You just have a deep voice. The number of times I have got that wrong on the phone, very embarassing.

[MARTIN3030]

Taking steps to address this should not be so difficult,but for them to be seen to be liable,will mean having the evidence to take action.

Firstly,I would,as has been suggested,put something in writing to BCW,and this does not mean you having to give any name,you can act as deal as the householder.

The letter needs to spell out;

1.That you have no business with them,and neither has any occupants.

 

2.Give some specific examples of the calls by times/dates.

 

3.Make it clear that you have already informed them previously on xxxx date.

 

4.Inform them that they have a duty to comply with CSA codes of practice,OFT codes of practice,and CPUT 2008.

 

5.Ask them to provide an undertaking in writing to you that further calls will cease immediately,and that your Telephone number is removed from their database.

 

6.Request a copy of their complaints procedure.

 

7.That if they fail to satisfy these requests,you will be filing a complaint with Trading Standards.

 

8.That you will be instructing your Telephone service provider to install a trace on your line,with the view of handing the data collected there to the Police.

 

The Telephone regulator gives guidance on this,as do Police force websites.

Police will be happy and have a duty to investigate any complaints and will do so if you have supporting evidence.

 

Once you have the evidence needed,you can then proceed with a civil action if needs be,in addition to any other sanctions that the Police or regulators may impose-but their involvement will serve to strengthen any claim.

 

The reason that firms like BCW continue to get away with these practices,is because very few actually take any pro-active steps to stop it.

 

http://ask.ofcom.org.uk/help/telephone/malicious_nuisance_calls_ofcom

[fork-it]

Ive sent the following letter.

 

 

Dear Sirs,

 

A copy of the attached letters have been passed to me understanding I may be the intended recipient.

Please send me a copy of the credit contract giving rise to this debt. Please be try to be sure to clearly show my name and the signature on the document. I need to identify on whose authority this debt was incurred.

If you are unable to furnish me the above, or I receive no reply by 14 July 2011, I will automaticaly pass your documents as evidence to a police authority and make a complaint under Section 2 of the Fraud Act 2006.

Meanwhile, please take this email as service of a notice under Section 10 of the Data protection Act 1998 and confirm your compliance with that notice before 14 July 2011.

Regards

[name]

[MARTIN3030]

Fork it,a Section 10 notice in this instance is not relevant,since it is not your own personal data they are processing or sharing.

[fork-it]

Ive not signed it, only attached the letters so they should go by the name on the docs.

[fork-it]

Update, they replied to the email CC.

 

I sent the letter by post and by email.

 

Dear Ms [name]

 

We refer to your recent email.

 

We can confirm that we have passed this matter to the relevant department to deal with your request as this is being dealt with via our agents Buchanan Clark & Wells.

 

Regards,

Mr [name] [name]

Customer Services Department

Aktiv Kapital (UK) Ltd.

[email protected]

Aktiv Kapital UK Ltd.

PO Box 444, Bromley, Kent, BR1 1ZB

Tel 0800 015 5505

www.aktivkapital.com

Aktiv Kapital UK Ltd, registered in England and Wales.

[BRIGADIER2JCS]

Buchanan Clark & Wells keeps phone asking for someone elses name.

 

They have written to my address for the same named. I binned the letters initialy but they kept coming so I opened one. Its a debt collector.

 

They say they will keep writing to this person at my address because they have some "business they need to clear up".

 

As I have no contract with BCW, Im not sure if the Protection from Harassement Act applies.

 

I have asked them to stop calling ansd writing but they say only the named person can do that by contacting them.

 

I can apply for a restraining order at court but that is a drastic measure.

 

Anyone have any comments on what I can do.

 

What utter rubbish, you have every right to forbid the calls, have done in writing?

Send all letters back NOT KNOWN AT THIS ADDRESS..

[MARTIN3030]

Where do AK come into all this -I thought it was BCW who were chasing ?

 

They must be short of takers for their New Deal programme.

Its amazing what lengths some will go to,just to get you interested in their incentive schemes.........

[fork-it]

Update:

 

Letter today:

 

I write following your recent email regarding the abovementioned account

 

In order to resolve this matter, we contacted creditor Santander (formerly GE Capital) requesting documentation pertaining to the above account.

 

In view of the age of this account, however, Santander are no longer able to supply the documents requested. In the circumstances, we have taken the decision to cease all further collections activity in regards to this matter.

 

Yours Sincerely.

[unclebulgaria67]

As you might expect, all they will do is now sell/pass on the debt and in 6 months time, you will start to receive letters/phone calls from some other DCA. They won't write off the debt, while it still has some value. That is my experience with a relatives debt.

 

You could ask the OFT for their advice on this. Can they require the current owner of the debt, to register that the debtor has gone away on the relevant CRA record, so you don't get bothered again ?

[BRIGADIER2JCS]

I think they are obliged to notify GAIN inf on the correct debtor, and remove all mention from you credit files, write to the CRA's and quote the respnse you have had.