Jump to content
  • Tweets

  • Posts

    • Apologies if this rambles slightly I feel a little brain dead after yesterday    I just want to know if I'm being unreasonable in one of my points (holding them responsible for costs to possibly damaged engine if I can get an engineer report)    Basically broke down in a layby on the a43, steam from bonnet high engine temps   RAC arrives declares it a minor leak and tops up then says OK to continue (4 miles to services) then recheck and says fine to drive home   30 miles later large amount of steam from engine and lose power, get it to hard shoulder   Next rac chap arrives and says it blowing like that may have damaged engine as it now doesn't start, says it will need a crane truck as 4wd and auto says priority job as 3 children on hardshoulder in the rain (1 in wheelchair)    3 hours later, I've chased rac twice and been rung by highways agency twice (who have also complained to rac)    Tow truck arrives (flat bed) advise them we were told it needs crane and drive says its OK it will run, after cranking engine for over 5 mins drives it onto truck pouring fluid out the bottom   I can't help but feel that him cranking engine that much when pouring fluid is likely to have done alot of damage as well as being told to continue on a leaking engine    
    • Thank you. I’ll sit on my hands, for now! 
    • 29 Farage Garages? or Just the latest of many Johnsons Follies?     "New photos show how the county nicknamed the Garden of England may soon be more accurately described as the nation’s lorry park – thanks to Brexit preparations. The images show the full jaw-dropping magnitude of a scheme (one of 29 such) which will see 27 acres of Kent’s green fields ripped up and concreted over to create a sprawling 2,000-vehicle holding facility for trucks crossing the Channel."   https://www.independent.co.uk/news/uk/home-news/brexit-news-uk-kent-lorry-park-channel-crossing-b1278893.html   From comments: They promised us the easiest deal in history. Frictionless trade. And better jobs for the "forgotten". This is what we get. ... lorry dumps and portaloos that come to symbolize this incompetent callous government.
    • Top paediatricians have written an open letter to government about children going hungry and supporting Marcus Rashford's campaign.   https://www.theguardian.com/society/2020/oct/24/open-letter-from-uk-paediatricians-about-free-school-meals
    • It's not worth appealing because ECP won't listen, unfortunately, plus you can give the impression that if they lean on you, you'll pay them money when you don't need to. The only time we normally advise writing to them is if you get a Letter Before Claim/Action.   Best to say nothing for now and if you do get a LBC, we'll help you to draft something. Have a read around some other parking threads and you'll get an idea of how these people operate.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

BCW and old T-mobile debt - BCW ignored payments, intention of visit.


Please note that this topic has not had any new posts for the last 2582 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there.

 

Ran into difficulty paying my t-mobile bill, which has now ended.

 

Contacted by a company called Buchanan Clark and Wells demanding payment of £155.21.

I checked my t-mobile account, and am still able to pay off my balance on their website, which comes to £140.21.

 

I emailed BCW saying if I can pay them, why should I pay a DCA?

 

I then to be safe set up a payment agreement at BCW's website, and paid on the 14th September by bank transfer.

 

Received however a letter today stating that they would be making a home visit as the agreement

has not been honoured, despite having my own evidence that I sent the bank transfer.

 

Despite this, the balance has not been changed to reflect this.

 

I have sent an angry email along these lines to ask why a payment has been ignored.

 

I refuse to communciate with them by phone, only be letter or email.

 

 

I will soon have enough money aside to pay off the tmobile bill, shall I just pay tmobile directly and tell BCW where to go?

 

Thanks!

Edited by citizenB
Link to post
Share on other sites

Do NOT pay BCW. If you can still pay the OC then pay them directly.

 

I will soon have enough money aside to pay off the tmobile bill, shall I just pay tmobile directly and tell BCW where to go?

 

100% correct. If they are silly enough to send someone round to your house, tell them that they leave NOW or the police will be called. Dont get into a conversation with them, just tell them and walk away.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

renders them impotent.

 

BCW are acting on behalf of the creditor. However, they will say to pay them, and theyll take a chunk of the money for themselves before they pass it to the OC. You'll then still owe more money to the OC.

 

General rule of thumb is if the DCA does not own the debt, then pay the OC directly. If they OC wont listen, thats their problem.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Thats good. If BCW come calling tell them to bugger off. It might also be worth contacting t-mobiles complaints department and demanding they call BCW off.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

BCW cant do anything jack. They are hired merely to yell at you to get you to pay. No other reason.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Definitley.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

A recent Appeal Court Judgement Roberts - V - BOS has defined harassment quite clearly contacting twice after notification that a matter will be dealt with in writing is harassment.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
A recent Appeal Court Judgement Roberts - V - BOS has defined harassment quite clearly contacting twice after notification that a matter will be dealt with in writing is harassment.

 

Cheers for that bit of info Brig. It will come in handy over on the PDL forums.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Cheers for that bit of info Brig. It will come in handy over on the PDL forums.

 

Full transcript available on line.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
A recent Appeal Court Judgement Roberts - V - BOS has defined harassment quite clearly contacting twice after notification that a matter will be dealt with in writing is harassment.

 

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

 

I don't think there was any reference to Roberts having said she wanted contact to be in writing. Just that she didn't want to discuss the matter any further on the telephone. At which point the 547 calls the bank made subsequently were judged to have been harassment.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It's the stated 'action (s) amounting to harassment' that are useful in any 'continuing' contact after what amounts to to a notification of preference implied in the judgement i.e. two or more instances.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
It's the stated 'action (s) amounting to harassment' that are useful in any 'continuing' contact after what amounts to to a notification of preference implied in the judgement i.e. two or more instances.

 

 

Please quote the passage where two or more contacts was stated or implied.

 

This was a useful judgement to be sure, but it must be quoted correctly ;

 

"Simpler and cheaper for the local manager to telephone the claimant and try to talk to her,

rather than unleash a monstrous system of 547 automated phone calls followed by a series of futile conversations.

 

In these conversations the caller is always someone different.

His or her knowledge of the claimant is gleaned from notes on a database.

 

In my view, the bank should amend its system so that it treats customers with courtesy,

or at the very least so that it does not commit the crime and tort of harassment.

 

If Mr Counsell is right in saying that the only practicable means by which a bank can contact defaulting customers

is the method adopted in this case, then banks had better build into their costings the damages

which from time to time they will be called upon to pay to those customers.

There is also the matter of criminal penalties to be considered."

 

We must be careful when quoting case law that we get our facts right.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
Read it yourself transcript available.

 

Read it thanks, and there is no such criteria, of course. :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Nonsense.

2 or More instances of contact are defined as harassment.

Perhaps you just can't understand the transcript!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
It is also referred to in Section 7 of the ACT.

 

As usual your advice lacks any sense of proportionality, anyone seeking legal redress for harassment after two phone calls from a creditor trying to secure payment of a debt is going to be laughed out of court.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

The act does not refer to "contact" at all, but to "conduct".

 

I would think it would be very foolish indeed for anyone to bring a claim for harassment against a creditor after only 2 telephone calls, unless those calls were recorded and they were pretty nasty. (for example : in the early days of CAG we saw DCAs threatening to have children taken away from the Mother or that the debtor could be sent to prison).

 

This judgment and that of Keith Harrison against Link were for the very high number of calls after both Harrison and Roberts had advise they did not want to communicate by telephone. In Roberts case the calls were over 500 and the bank also started to contact her parents.

 

Once the bank realised that they were not going to move forward with the telephone calls they must at that point have realised to continue was indeed harassment.

 

 

 

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

 

 

 

8 Section 7 of the 1997 Act provides:

 

 

"(2) References to harassing a person include alarming the person or causing the person distress.

 

(3) A "course of conduct" must involve-

 

 

(a) in the case of conduct in relation to a single person (see section 1(1)), conduct on at least two occasions in relation to that person, or

 

 

(b) in the case of conduct in relation to two or more persons (see section 1(1A)), conduct on at least one occasion in relation to each of those persons."

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
The act does not refer to "contact" at all, but to "conduct".

 

I would think it would be very foolish indeed for anyone to bring a claim for harassment against a creditor after only 2 telephone calls, unless those calls were recorded and they were pretty nasty. (for example : in the early days of CAG we saw DCAs threatening to have children taken away from the Mother or that the debtor could be sent to prison).

 

This judgment and that of Keith Harrison against Link were for the very high number of calls after both Harrison and Roberts had advise they did not want to communicate by telephone. In Roberts case the calls were over 500 and the bank also started to contact her parents.

 

 

Indeed as was the British gas judgment( which I cannot lay my hands on at the moment :) )

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
Indeed as was the British gas judgment( which I cannot lay my hands on at the moment :) )

 

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
Indeed as was the British gas judgment( which I cannot lay my hands on at the moment :) )

 

Ferguson - v - British Gas Trading Ltd?

 

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...