Buchanan Clark & Wells refuted Statute Barred letter!

[Blossom99]

In a nutshell my hubby received a letter from BCW demanding payment of 7k for an old car finance debt from 2002. Sent the SB letter from the national debtline website. He never made a payment after 2002, and they replied today with a letter saying they refute the complaint on the grounds that they act in good faith on behalf of the information and instructions issued by clients. (Passed to them by Activ Kapital) and they were not advised of any dispute or unresolved complaint issues. Therefore their client is satisfied that the balance is correct and due. Plus, we have never received anything from Activ Kapital! Please can someone advise? Thanks!

[huggy41]

i would write to them stateing that the account is stat barred and it is not your fault that there company keep getting it wrong in so many way so many times.

 

and surgest they get back to there client

[i hate bailiffs]

you may have to send a subject access request if you are unsure of the last payments as will give you statements of accounts

 

but sounds statue barred if no payment made in past 6 years

 

ignore them for now

[Let Them Knock]

Typical DCA bullying tactics. It is not your job to prove the debt is statute barred it is their job to prove it isn't.

[Blossom99]

Thanks for your replies. They also put that our letter is the first contact they have received advising that the account is subject to statute limitations. But surely they knew this as it was from 2002? They then said in view of this they have closed our file and sent it back to Activ Kapital, but they enclosed a leaflet about the financial ombudsman an said this we should contact them BUT they have not acted contrary to the OFT guidelines so therefore we are wasting our time. How can they refute and then say our file is closed? I presume by them giving it back to Activ Kapital means that another DCA will come knocking.

[BRIGADIER2JCS]

Send the following letter to their Compliance Mnager by recorded delivery.

 

Ref: as on their letters

 

FORMAL NOTIFICATION LIMITATIONS ACT 1980

 

Dear sir,

 

I refer to your letter dated xx xx xxxx in which you claim that there is no dispute regarding this alleged debt, a dispute does exist and I do not ackowledge any debt to you or any company you claim to represent.

 

Please note the folowing statement THE ALLEGED DEBT IS STATUTE BARRED AND I WILL NOT MAKE ANY PAYMENT NOW OR IN THE FUTURE.

 

You will now cease to process any data relating to me and remove it from your records, no further correspondence will be entered into and further contact from your company will be considered harassment and action WILL be taken.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2011 and the sections regarding the pursuit of statute barred debt.

 

I suggest that you now return thiss matter to your client.

[ScarletPimpernel]

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2011 and the sections regarding the pursuit of statute barred debt.

 

I suggest that you now return thiss matter to your client.

 

Just a quick note to point out that the OFT Guidance was updated today, so add 2012 to the penultimate sentence.

[BRIGADIER2JCS]

Thanks SP forgot that!!!!

[Bandit127]

Just a quick note to point out that the OFT Guidance was updated today, so add 2012 to the penultimate sentence.

Woo hoo! Plenty of reading for these dark nights...

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

Bet we will get updated before the DCAs do (some are still quoting 2003).

 

Thanks for the tip - I will post this in a new thread.

[cerberusalert]

Those clowns that are the CSA have even updated their code of practice, so obviously we can expect their members to comply with them Tute sweet.

[ScarletPimpernel]

Those clowns that are the CSA have even updated their code of practice, so obviously we can expect their members to comply with them Tute sweet.

 

Ah yes, the CSA usually embark on a turd-polishing exercise when the OFT update their guidance, as if producing some glossy lavatory paper will convince people that the OFT have yet again shown that the industry, and it's arslikhan club, requires ever stronger regulation. Proof, if any were needed, that the CSA's silly code of practice is as utterly redundant as I wish all who work in this parasitic industry were.

[BRIGADIER2JCS]

I totally agree SP I took the time to read the Nonsense last night,garbage imo.