slightly worrying

[CJ&theBOS]

I got a note from my neighbour the other day it was about a phone call from a: Buchanan, Clark and Wells in Glasgow with a reference number on it. They didnt have my number apparently.

 

 

I googled them and it turns out they are a debt collection agency!

 

I havent lived in glasgow for years and years. The only possible debt i can think of was when i was unemployed i mistakenly signed up to do a home computing course. (back in 2000) But i had cancelled the course ( i didnt even start the course!) because i realised i wouldnt be able to make the finance payments, sent the materials back to them apologised and offered to pay a compensatory amount for wasting the sales persons time long long ago! Havent heard from them since...arghhh

 

its very worrying because im just starting to get my debt under control (student loan, council tax etc)

 

i'm dreading phoning them....

 

of course i could be worrying over nothing but when are messages left by DCAs good news?

arghhh

[Arachnae]

Frankly I would ignore the fools. If the only possible debt that you can think of is in relation to that computing course in 2000, it is either statute barred or close to. It is better if that period passes without you making any contact with them. I always ignore the nincompoop DCAs in any event. It is all posturing and intimidation.

[CJ&theBOS]

hey thanks for the reply

 

do you think i should phone them to find out what it is about though? Ahh wait i recently opened up another bank account (parachute account) and the bank did a credit check on me (got standard account no problem though the bank wouldnt give me a credit card) i think maybe thats why this DCA company suddenly come back to me???

 

Im surprised they phoned my neighbours first, shouldnt they write to me??

[sarahpp]

Just my opinion

 

Don't contact them. There is no way they should have contacted your neighbour. Arachnae is right - if that is the only debt you can think of it is statute barred or maybe very close to being if it was the back end of 2000. Some DCAs sniff around for almost statute barred debts trying to re-establish contact and start the clock ticking again before the end of the 6 years.

 

They are sailing very close to the wind with regard to the OFT guidelines about divulging personal information to neighbours - not that I am surprised. I have had dealings with this firm and the phrase "sharp practice" comes to mind.

 

Sarah

[Arachnae]

No no no no no LOL. This is precisely what they want you to do - curiosity killed the cat. However if there has been a problem with getting a credit card there may be some issue with your credit. Did the bank say why the card was refused? The bank account could well have been the trigger to the DCA. It happened to my business partner when he opened a new bank account - he was flooded with chasing DCA's.

 

DCAs will use any method to contact you and this is not the first time that I have heard them telephoning neighbours. Ignore it. Don't feed the leech. If you are worried that there is something on your credit report obtain a copy of the report and sort it out yourself - not through them.

[Arachnae]

And also - by contacting your neighbour who, if they were so inclined, could also google them and see that they are a DCA..... By telephoning them you confirm that their totally unacceptable method of trying to make contact with you is effective. Don't give them the satisfaction!

[CJ&theBOS]

thanks sarah and Arachnae

 

I'll leave it till they send me a letter then decide what to do.

 

the bank (alliance & leicester) put me forward for the credit card automatically as part of the premier account deal. i got the premier account but not the credit card (which i didnt actually want anyway so no loss. i'm eventually going to be transferring everthing from my old HBOS account to this new account)

 

Somewhat non-related can a DCA or other company legally *force* someone to pay a *minimum* amount of cash each month to them to pay off debt? (which is determined by them e.g. i say £30 a month and they say sorry no our minimum amount we could accept is £50)

[Guest The Terminator]

No it's what you can afford to pay not what they tell you to pay.I'd offer them a pound a week just to wind them up.

[kokomar]

You mentioned you had a student loan, they are in Glasgow are you sure it's not them? Just a thought.

[CJ&theBOS]

You mentioned you had a student loan, they are in Glasgow are you sure it's not them? Just a thought.

 

nope. ive setup direct debits with them paying each month (£50) so isnt them hrmm.

[sarahpp]

thanks sarah and Arachnae

 

I'll leave it till they send me a letter then decide what to do.

 

the bank (alliance & leicester) put me forward for the credit card automatically as part of the premier account deal. i got the premier account but not the credit card (which i didnt actually want anyway so no loss. i'm eventually going to be transferring everthing from my old HBOS account to this new account)

 

Somewhat non-related can a DCA or other company legally *force* someone to pay a *minimum* amount of cash each month to them to pay off debt? (which is determined by them e.g. i say £30 a month and they say sorry no our minimum amount we could accept is £50)

 

no they can't. If you have sent in a budget sheet and the amount you have offered is a realistic offer then, they have to accept it. After all, if they took you to court and you produced the same budget sheet for the judge, the judge would accept it as a genuine amount and want to know why the DCA did not settle - the DCA then looks like they have brought a malicious case to court which they have had the opportunity to settle amicably outside court.

 

Just my opinion mind.......

[CJ&theBOS]

update*

 

 

got a letter from buchanan clark and wells asking for payment of outstanding money which has been passed to them from scottish power for an address i stayed at a couple of years ago.

 

So i phoned them and asked to set up a monthly payment because i couldnt afford to pay the full amount. They said i could do that but it wont stop them proceeding with their action. (which apparently includes them sending people round to my flat to "discuss" the situation with me - yes she said that) I mention i am trying to be reasonable and obviously want to pay this money if i am due to and that i would mention in court that i have tried to co-operate with them. They said i wouldnt go to court at all they would just get the court to issue a county court warrant or something. (it was a bad line i didnt catch all she was saying)

 

Is this true? can a judgement be made against you without you there to defend yourself?

 

Anyway.......

 

i thought i would phone scottish power to verify with them about this money. And they say it was for electricity bill between the periods april 04 - june 05

 

The thing is.....i moved out of this flat in june 04 so why are they charging me for electricity for when i dont residue at that address??!! (yep im sure i informed them i had moved out!!!) So i tried phoning scottish power back to be told that they are experiencing a higher number of calls and ask me to call back later (recorded message)

 

Obviously little details like this dont stop a DCA company pursuing me like a pack of ravenous devil dogs........

 

mondays ehhh.....

[sarahpp]

BCW are awful. They have tried to intimidate us over a small amount owing to an electriity company which I am sure we have already paid. They also mentioned that they would "send someone around". I will quote what I wrote back to them.....

 

"With reference to the visit by a "Debt Investigation Officer" which you mention in your letter, you state that you have been "granted authority" for this visit. May I ask by whom? I should draw your attention to the Office of Fair Trading guidelines relating to false inferences of court support. This approach is clearly designed to be intimidatory and as such I take exception to it. Should a representative from your company visit my home against my express wishes I shall view it as harrassment and inform both the police and the OFT accordingly.

 

I have kept your letter should the need arise to produce it at a later date."

 

They cannot issue a warrant without having a judgment already made against you ( I seriously doubt they have this) and even then they have to go back to court and ask for a warrant.

 

What the woman was doing was trying to imply that they had court backing for what they were doing which is a serious breach of OFT guidelines. I for one, will be reporting them for doing this to us and I suggest you do the same. These people shouldn't have a license. The only problem is that you only have your word against theirs if it was a telephone conversation. You need to make it clear that you will only communicate in writing because of their intimidatory telephone manner. I am sure that is why they do this by phone- because they think they can get away with it this way.

 

As you can see, this company makes my blood boil. Please let me know if I can help any further

 

Best Wishes

 

Sarah

[CJ&theBOS]

BCW are awful. They have tried to intimidate us over a small amount owing to an electriity company which I am sure we have already paid. They also mentioned that they would "send someone around". I will quote what I wrote back to them.....

 

"With reference to the visit by a "Debt Investigation Officer" which you mention in your letter, you state that you have been "granted authority" for this visit. May I ask by whom? I should draw your attention to the Office of Fair Trading guidelines relating to false inferences of court support. This approach is clearly designed to be intimidatory and as such I take exception to it. Should a representative from your company visit my home against my express wishes I shall view it as harrassment and inform both the police and the OFT accordingly.

 

I have kept your letter should the need arise to produce it at a later date."

 

They cannot issue a warrant without having a judgment already made against you ( I seriously doubt they have this) and even then they have to go back to court and ask for a warrant.

 

What the woman was doing was trying to imply that they had court backing for what they were doing which is a serious breach of OFT guidelines. I for one, will be reporting them for doing this to us and I suggest you do the same. These people shouldn't have a license. The only problem is that you only have your word against theirs if it was a telephone conversation. You need to make it clear that you will only communicate in writing because of their intimidatory telephone manner. I am sure that is why they do this by phone- because they think they can get away with it this way.

 

As you can see, this company makes my blood boil. Please let me know if I can help any further

 

Best Wishes

 

Sarah

 

 

 

Hi Sarah, bit of an update. Phoned Scottish Power today and hurrah managed to get through. Explained i wasnt staying at the address for when they are charging me electricity so they want me to send a letter from the council (council flat) or a copy of the tenancy agreement so they can confirm when i left the property. At the moment they have agreed to put a halt on the account (so that Buchanan Clark and Wells dont proceed with further action)

(apparently when SP update their terminal screens BC&W should be able to see that information as well and act accordingly) I phoned BC&W afterwards to confirm that they will be taking no further action. They wanted SP to phone them about it and couldnt confirm they would stop action against me... but anyway i'm just going to ignore them totally and just deal with scottish power.)

 

glad im not the only one who has to deal with these muppets! I'll keep you informed what shenanigans they get up to!

[sarahpp]

Glad to hear you have made progress.

 

Hope you manage to get it all sorted

 

Sarah

[CJ&theBOS]

hi sarah

 

just thought id let you know. BC & W sent me a threatening letter.

 

VISIT BY DEBT INVESTIGATION OFFICER

 

apparently my agreed commitment to settle the outstanding amount has been dishonoured so now they will come to my address.

 

I phoned them and the lady i spoke to was very impolite. They said there was no note to put the account on hold (its like everything you say previously in previous correspondence they have no record of!!) but basically i decided not to talk to them anymore as they were just not accepting anything i said....muppets tbh.

 

Phoned scottish power they said they would phone BC&W as a matter of urgency.... and they had phoned the council to get my particulars of leaving date etc so no dont worry. Hopefully thats the end of it.....

 

*sigh*

[sarahpp]

Thats funny -after having written them a letter threatening to call the police and inform the OFT if they did send someone around, I have had a letter today stating that they had put my account on "hold" and would not be attempting to enforce it whilst it was disputed. It was the same letter I posted an extract from earlier in your thread. If they try anything else, it might be worth a try. You don't have to speak to anyone they send round (not that they will -they just say this as an intimidatory tactic).

[Guest HUSBANDKHAN]

name and shame the bailiff company click on this link as you will see what has happened when i named and shamed a company and its employee by chance his photo was also on their web sitehttp://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/39587-baliffs-get-them-new-post.html

[Guest HUSBANDKHAN]

a bailiff cannot do anything unless he has a warrant. to obtain a warrant he or she must goto court. if you have had no correspondance from the court then i would advise you contact your local cab or trading standards and inform them. also keep a hold of your letter as nobody like letters that they have incorrectly written and also broken rule in to be produced in court in any matter. trust me on this.

[Guest HUSBANDKHAN]

hang on a minute i have got one of these as they are chasing some one at my address who used to live here and ran off without paying a hp agreement and they also sold their car on etc. they are acting for blackhorse finance. told them loads of times bugger off the person is now living at so and so address.they will not budge.

[Guest HUSBANDKHAN]

name and shame them http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/39587-baliffs-get-them-new-post.html

[CJ&theBOS]

i dont think they are bailiffs? they are a DCA company i think. But im not bothered im just dealing with Scottish Power now. Life would be a lot easier if companies (ie scottish power) commmunicated and confirmed themselves that a client DID in fact owe the money before unleashing the hounds on them.

[sarahpp]

i dont think they are bailiffs? they are a DCA company i think. But im not bothered im just dealing with Scottish Power now. Life would be a lot easier if companies (ie scottish power) commmunicated and confirmed themselves that a client DID in fact owe the money before unleashing the hounds on them.

 

Correct - they are not baliffs and we are "naming and shaming" their tactics by posting their name on the thread.

 

You are also right about Scottish Power - someone ought to explain to them the meaning of the phrase "customer service".

[CJ&theBOS]

the saga continues................

 

 

got a letter today from

 

Geoffrey Parker Bourne solicitors acting on behalf of clients Buchanan Clark and Wells

 

NOTICE OF PENDING LEGAL ACTION

 

20/10/06

 

Dear .....

 

We represent the above named client who inform us that despite repeated requests for payment your overdue account for the sum shown remains outstanding.

 

We are instructed to write to you at this stage. However, in the absence of either receipt of your payment or firm arrangements for repayment, we are to contact our client after 7 days, at which point LEGAL PROCEEDINGS may be issued against you. This may result in Judgement being obtained and the appropriate enforcement action being taken to recover the debt.

 

If you reside within the Jurisdiction of Scotland, then our client's Scottish agents, Messrs Harper MacLeod LLP may be instructed to raise an action in your local sheriff court.

 

Should you wish to avoid this you should telephone our clients on 0871 700 1840 and one of their advisors will talk to you.

 

blah blah blah

 

 

And here is me thinking that it was sorted!!!!! when i spoke to Scottishpower last i was ASSURED (yes assured) that they would get the required information/evidence from the council (my leaving date from the flat).

 

But clearly this has not happened. I made the mistake of phoning scottish power today and end up having to retell the whole tale twice and then being passed through to different departments twice as they each assure me that im through to the wrong department!!!!! They also said they had put a hold on my account pending investigation...one of the customer agents says this is effective for 10 days and another one says 28 days arrrghrghhh!

 

I would like to write a letter to Scottish Power asking them to stop their harassement of me (via their clients Buchanan Clark and Wells and respective solicitors) when i dont owe them any money!! Can i take any sort of legal action asking them to cease and desist their harassement?

 

I fear if this gets to court a judge will just rubber stamp it and a local sheriff will just come round my property (with police if necessary) and proceed to take my belongings or even arrest my wages!!!

 

Why are they allowed to do all this? I didnt live at the property. Ive explained how Scottish power can get evidence of my time at the property from the council so why do they continue to come after me?

 

edit: phoned council and they said they will fax off the information to scottish power. (again another assurance that it will happen...how many times have i heard that)

 

So we shall see what happens...

[sarahpp]

It is up to you but, I think that it is probably time to get tough with these people and stop the telephone communications because you have no hard evidence of ever having had the conversations with Scottish Power and BCW.

 

I think that you need to write to GPB and tell them that you have a legitimate dispute with regard to this alleged debt and will vigorously defend any court action taken by them. You should also remind them that, according to the Office of Fair Trading Guidelines Scottish Power are responsible for the conduct of any DCA engaged by them.

 

Heading the letter "Official Notification" often helps - they can't then turn around and say they didn't know that you were disputing the debt. The following extracts from the OFT guidelines may prove useful to you. I would think that you have grounds for reporting them to both the OFT and their local Trading Standards

 

 

 

Creditor responsibility for third parties

 

 

1.9 If consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question. Our aim is to ensure that creditors do not ignore the unfair practices of debt collectors, whether in-house or external, acting on their behalf. It is not for the OFT to specify in this guidance how choices about third party selection are made nor to advise on desired conduct between third parties. However, during any investigation in this respect, we would expect to see that care had been taken in the selection process, complaints had been investigated and that firm action had been taken as appropriate

 

 

. It would be unlikely that we would take action against a creditor who could demonstrate such action had been taken.

 

 

 

 

 

Physical/psychological harassment

 

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

 

2.6 Examples of unfair practices are as follows:

 

 

 

h. ignoring and

 

 

/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands

 

 

 

for payment

 

Deceptive and/or unfair methods

 

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

 

2.8 Examples of unfair practices are as follows:

 

 

 

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

 

 

j. requiring an individual to supply information to prove they are not the debtor in question, e.g. driving licences, passports, full name, date of birth, signatures

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

What can I say that hasn't already been said about Scottish Power? You need to have everything in writing to them - recorded delivery and enclose the letter you are writing to GPB reminding them of their obligation to investigate this matter or you will report them to the OFT and their regulator.

 

It must be driving you round the bend that you have made every effort to get this sorted properly and been met by provocation and incompetance at every turn.

 

As far as court action is concerned. I always hesitate to say don't worry about it but, I have not heard of GBP taking anyone to court and in your case they would know that they have little chance of success. I think they are trying to rush you into agreeing a repayment plan so that they can say you have acknowledged the debt before you have access to the evidence you need. If the worst does happen you will get time to prepare a defence and you have a good one as the council clearly are able to back you up even if they either haven't faxed the docs through or Scottish Power have not tied them up properly/lost them.

 

There would be plenty of support here if you needed it! Try to get everything down in writing to prove how reasonable you have been.

 

Hope this helps (bit long winded -sorry)

 

Sarah