Letter from Buchanan Clark & Wells - 02

[Reflektor]

I had a contract with 02 but due to illness and having to leave my job I had to sign on for ESA and DLA,

 

at the moment I could only afford to pay 02 £20 a month but they told me it was being send to a DCA.

 

I got a letter from them a week ago stating they are going to send an agent to my house

as I failed to contact them from their earlier correspondence that I never actually received.

 

I obviously want to pay this debt off but what are my rights if they do send someone?

would it be classed as trespassing?

I got a template from another website and sent it to them ;

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

I got this reply today;

 

Final Response

Dear Mr *****,

 

I write with regard to your email of November 5, 2013, issued in relation to the aforementioned account.

 

I can confirm we have undertaken substantive investigations into the issues raised in your above referenced email and have concluded that your complaint has not been upheld. The reasons for this are detailed below.

 

BCW Group acts in good faith on the information and instructions issued to us by our clients. We are passed this information on the basis that the information provided is true and correct at the time of issue. We were, at no time, advised by our client of any ongoing disputes or unresolved complaint issues. In this instance, we were passed an account in your name with instructions to pursue for the full balance accordingly. By passing the matter to this office for debt recovery purposes our client was satisfied that the balance is due and collectable.

 

We have noted your request that all contact in this matter is now made in writing. I can confirm that no contact telephone number is held on the account and we have placed no calls to you in this regard.

 

The case you have referred to is not applicable to your circumstances. As part of the agreement that you entered into, you agreed to repay the full outstanding balance and that where necessary the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection. We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies. The OFT’s Guidance on Debt Collection reference to making an appointment on field visits relates to, where say, the Agent has called round and advised by the customer that it was not a convenient time, then he should make another appointment. An appointment is not necessary for the initial visit. If however, the customer is not there at the agreed time, then the Agent can call again at an unscheduled time.

 

Before your request for a repayment plan can be considered we will require your full income and expenditure details. Your previous communication has not supplied sufficient detail in order for us to set a repayment arrangement at the amount offered. Please complete and return the attached form so that we may consider any offer of repayment. A cessation of collections activity shall remain on your account for 14 days to allow you to respond.

 

We are a member of the Credit Services Association who can be contacted in the event of you remaining dissatisfied with the conduct of BCW Group. The Credit Services Association will consider your concerns as an impartial external arbitrator.

 

Please do not hesitate to contact us on 0845 111 0411 should you require any further assistance.

 

Yours sincerely,

 

 

Any advice on what I can do next would be greatly appreciated.

[BRIGADIER2JCS]

Most of BCWs reply is nonsense, anyway you are under no obligation to speak to or allow any such so called agent in to your home they have absolutely no authority .

 

 

 

Should such an agent visit order them 'politely' to remove themselves or you will call the police and have them removed if necessary.

 

You are not obliged to supply an I &E .

[fkofilee]

BCW Group acts in good faith on the information and instructions issued to us by our clients. We are passed this information on the basis that the information provided is true and correct at the time of issue. We were, at no time, advised by our client of any ongoing disputes or unresolved complaint issues. In this instance, we were passed an account in your name with instructions to pursue for the full balance accordingly. By passing the matter to this office for debt recovery purposes our client was satisfied that the balance is due and collectable.

 

Some how i doubt this and i think they should recheck. Think you should ask them once again to refer back to their client

 

We have noted your request that all contact in this matter is now made in writing. I can confirm that no contact telephone number is held on the account and we have placed no calls to you in this regard.

This is a good start and means you wont hassle trying to remove a number and They should be dealing with you in writing

 

The case you have referred to is not applicable to your circumstances. As part of the agreement that you entered into, you agreed to repay the full outstanding balance and that where necessary the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection. We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies. The OFT’s Guidance on Debt Collection reference to making an appointment on field visits relates to, where say, the Agent has called round and advised by the customer that it was not a convenient time, then he should make another appointment. An appointment is not necessary for the initial visit. If however, the customer is not there at the agreed time, then the Agent can call again at an unscheduled time.

 

This part is absolute BS... You have stated they may NOT attend at any point... I believe that you are right here and override them attending...

You have told them appropriately. I would reiterate that their contract T&Cs DO NOT override the law.

Notice the "We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies."

This is a load of BS too... They are entitled to ATTEMPT to collect anything thats due providing its not being disputed for whatever reason... However it is not there god given right to harass you

 

Before your request for a repayment plan can be considered we will require your full income and expenditure details. Your previous communication has not supplied sufficient detail in order for us to set a repayment arrangement at the amount offered. Please complete and return the attached form so that we may consider any offer of repayment. A cessation of collections activity shall remain on your account for 14 days to allow you to respond.

 

At no point should you have to give I&E in any form unless its ordered by a judge... Tell them to go whistle.

 

Dont let them bully you... Be strong.

[renegadeimp]

Whats strange is that there seems to be multiple DCA's that are using that template or answers.

[fkofilee]

Who else is using it? Gothia based?

[renegadeimp]

MMF/Link/lowells to name 3.

[fkofilee]

Hmmm coincidence? I wonder why they are all using the same templates

[Reflektor]

How do I go about paying this? do I need to wait or send money to 02 them selves? I could do with writing a letter to put them in their place, legally anyway.

Edited November 12, 2013 by Reflektor

[dx100uk]

so you 'had' a contract

 

did you cancel it then?

 

dx

[2Grumpy]

Had the contract term expired?

 

Is the amount being claimed just your unpaid bills or is there an element to cover part of a contract?

 

Most likely they prevented you from making calls before they cut you off,

so you can dispute part of the bill as they were charging you for something that they were preventing you from using

(they could offer a partial refund for that period, but they won't).

 

They will be relying on T&Cs that aren't necessarily "fair" in terms of legislation.

[BRIGADIER2JCS]

Hmmm coincidence? I wonder why they are all using the same templates

 

Most probably a CSA approved layout, also many of the takeovers and mergers in the debt collection industry are leading to some 'standardisation' of responses, perhaps it seen that all responding with claptrap is more authoritative but the reality is just makes the companies appear to be parroting a script!!

[Reflektor]

There is around a year left on it,

I tried discussing this with the 02 executive office,

plus I sent their payments department three letters explaining why I can't continue to pay the amount

and offered to pay a lower amount but they 'never got the letters'

[2Grumpy]

Did you get an actual bill from O2 for the amount in question.

 

Some providers just provide the DCA with an amount instead

- which shows that they don't want to put any of this into writing.

 

My son's attitude with Orange was to request an itemised bill for everything.

 

Nothing was forthcoming and they eventually (begrudgingly) settled for the amount of calls & service actually provided.

 

I dealt with Orange, they said that we had to talk to the DCA but I declined to do so ...

[Reflektor]

Sorry, there is 18 months left on it and it's around £800 they are asking for but that's what BCW said so I will contact 02 and get some more information.

[Reflektor]

so you 'had' a contract

 

did you cancel it then?

 

dx

 

No, I just couldn't carry on paying it due to my circumstances, I tried to sort it out directly with 02 but they just ignored me and told me to deal with the DCA

[Reflektor]

Any advice would be appreciated

[dx100uk]

i think you need to get the whole story thats for sure

sar time?

 

typically you can cancel and pay a small 'fee'

 

then go PayG to save money?

[Reflektor]

i think you need to get the whole story thats for sure

sar time?

 

typically you can cancel and pay a small 'fee'

 

then go PayG to save money?

 

The fee would be high as they would charge the line rental right away for the rest of the contract.

 

I will look in to the SAR.

[dx100uk]

not from what we've seed here

 

 

if you cancel they cant charge line rental from whence its cancelled.

typically the cancellation fee for a mobile contract is about £50.

 

 

dx

[Reflektor]

Thanks DX,

 

I will email 02 again and try and come to some sort of arrangement.

 

Does the SAR go to 02 or to BCW?

Edited November 22, 2013 by Reflektor
Adding information

[fkofilee]

Dx, the mobile phone companies do charge full Early termination fee in the event it's cancelled.

 

How can it be just £50 unless I'm missing the point.

[2Grumpy]

the mobile phone companies do charge full Early termination fee in the event it's cancelled.

 

How can it be just £50 unless I'm missing the point.

 

Mobile companies do try to charge for services not provided if you want to terminate the contract early.

 

Generally they don't invoice for that amount, just give an outstanding amount instead!

 

Push O2 for a fully itemised bill for anything that you haven't had an invoice for.

 

Just deal with O2 unless the outstanding amount has been sold

[Reflektor]

Ok, thank you, I will update soon.

[Reflektor]

Got a reply from 02 telling me no again.

 

I am just going to send BCW post dated cheque's of £10 till my situation improves

[dx100uk]

no if you want to pay

pay the OC....