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andypandy58 vs. Aktiv Kapital/Buchanan Clarke & Wells


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Hello Everyone,

 

I had a letter a couple of weeks ago from Buchanan Clarke & Wells saying that I have a debt of £758.93 owing to Aktiv Kapital First investment Ltd.

The tone was quite threatening and the only contact apart from a fax number (I don't have a fax) was an 0871 number and I'm suspicious that this may be a thinly disguised premium rate type number under the Lo-call banner. I dont wish to spend any of my hard earned money talking to these people whilst they make money off my call, so I will be writing to them.

The problem is, I don't know what this 'alleged' debt is about?

I have no idea at all about it and wonder if it's just an error or even

identity fraud.

Having looked up 'A K' I see that they buy debts and chase people, so I would have expected any 'original' company/bank/whatever that I 'allegedly' owe money to, to have tried to contact me.

 

Now, about 4 years ago I sold my house and moved about 10 miles away.

I'm now wondering whether these 'Aktiv Kapital' characters have been writing threatening letters to me at my old address, but as BCW have got my new address correct I think it's unlikely.

 

I have today received a final notice which is quite worrying as it's a bit threatening, and more so than the first letter.

 

Has anyone any ideas about what I should do next?

I'd really appreciate any help you could give.

 

Cheers,

Andypandy58.

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Your right, it's debt collectors chasing for other debt collectors. You should never phone these companies regardless of call costs, keeping everything in writing is best. If you do decide to write to them simply state at the beginning 'I do not acknowledge any debt to your company.' and ask them to prove whats owed, to whom and since when.

 

Another option is to ignore them. These will be standard letters and the debt may not even be yours (Sick, and threatened with bailiffs | This is Money) or if it's older than 6 years, statute barred. They may or may not just give up if you don't answer.

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Hi, thanks very much for replying.

I thought as much with the phone business. Keeping it all in writing sounds like a good plan anyway.

I will write them a letter and state that I do not acknowledge the debt as mine, and demand to see evidence of any debt that can be proved is actually 'mine' and not just someone with my name.

I'll post here again when and if I get a reply from them.

 

I was also wondering if they are breaking any part of the consumer credit act by not disclosing the details to me of 'my' alleged debt and just threatening to take me to court?

Or is it just all bluff and they are actually sending letters to everyone with my name in the hope that someone will be daft enough to send them some money?

I'd like to be able to say in the letter that I'll report them to the OFT if they continue to harass me with any more letters but maybe I might just wait and see what happens when and if I get a reply to my letter.

 

Cheers,

andypandy58

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Writing to this company and demanding to see evidence is a good plan but better still would be to send the CCA letter - see the templates in the sticky. You have to send a £1 to cover the admin fee and its best to send the letter by recorded delivery. The debt collectors then have 12 working days to provide the necessary documents which must inlude a signed, true copy of any agreement they allege exists, a deed of assignement (their right to collect) and a statement of account (how they reached the sum claimed). If they do not so so within the time limit set by law (don't accept lame excuses as to having to contact the original company and that this may take umpteen weeks) they cannot legally enforce the debt. If their failure extends beyond a calendar month after the 12-day limit they commit a criminal offence. Any legal action they may take would then be defended with their failure to provide documents. A judge would take a dim view of their failure and they would not want that!

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  • 1 month later...

Well,

I sent the CCA letter from the archives on the 11th December 2006 by recorded delivery asking them to supply a copy of my credit agreement and I know they got it because they cashed my cheque for £1.00 to cover their admin costs.

I haven't heard anything regarding the letter I sent, but they did send a letter just before Christmas. This is what it said:

 

Dear Mr XXXX

 

Thank you for your payment received 18/12/2006 in the sum of £1.00.

 

Upon reviewing your file we note that you have no current arrangment to pay the remaining balance on your account. Can you please contact 0871 700 1547 to resolve this as a matter of urgency.

 

Yours sincerely

 

For and on behalf of Buchanan Clark + Wells

 

 

The thing is, these people don't seem to have taken any notice of my letter at all, not that I'm surprised by this.

 

The £1.00 cheque was cashed on 20th December from my account.

I'm a bit stumped as to what to do now, other than sending another letter reminding them about the requirements under the CCA to comply with the 12 day rule. There doesn't seem to be a template for this though.

I'm worried that there's something coming soon from these people taking me to court or something like that, but don't really know what to do.

I also haven't been able to find a copy of the CCA that states this 12 day rule yet and would appreciate it if someone would point me to it.

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The cashing of the cheque is sufficient proof your letter arrived - did you send it recorded? The clock started ticking as soon as it arrived. The Christmas period added to the time they had to respond but not by much and by reckoning they are now in default.

 

Leave it until they commit the offence by allowing the default to continue for more than a month. Ignore their last letter as its essentially a reminder for the first one but keep it safe.

 

After the calendar month is up report them to trading standards, OFT and consider the Info Commissioner. There areother threads which suggest BCW may have breached the Data Protection Act. Complain loudly and insist on a reply. There is no need to waste time talking to these monkeys on the phone or writing to them.

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Yes it was recorded delivery and we do have the receipt for that as well as proof of the cheque being cashed of course.

I'll wait until the calendar month is up.

Is this just 12 January then? I sent the CCA letter recorded on 11th December, so they will have received it on 12th December. Or is it 30 working days or something like the 12 working day limit?

Thanks very much for this, it's putting my mind at rest - for now anyway. :)

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Received December 12, a Tuesday. Four working days in the week.

Following week, to December 22, five working days = nine so far.

Christmas day and Boxing day count as holidays but 27-29 Dec don't so the 12 days was up on December 29. Its a calendar month from then - January 27.

 

Do not contact them in the meantime - by phone or letter. Give them the rope to hang themselves. Then, on January 27 start complaining, loudly and persistently. You'll find the statutory agencies reluctant to act but keep at it, remind them who they are there to serve. Bring in your MP, insist he write to OFT and get an explanation for their inaction. Working together the consumer will bring the financial industry to order.

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i wouldnt hold your breath i sent my cca request in oct and im still waiting they just keep sending the same letters and when i ask for my request they say it was sent must have got lost they have not heard of registered post still it will be fun when it finally gets to court especially as bcw dont have the licence for data processing for info on this see sparkie 1723 threads

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Hi jveasey147,

I've just got this off the ICO web site for members to see what these unlicensed DCA's could face

 

Sparkie 1723

 

 

13 October 2005

Two companies fined for flouting Data Protection Act

Two companies have been successfully prosecuted by the Information

Commissioner’s Office for failing to notify under the Data Protection Act 1998. In

both cases they were given the maximum possible fine of £5000, and ordered to pay

£300 towards prosecution costs, by Manchester City magistrates yesterday.

Corporate & Trade Limited and General & Commercial Guarantee Limited who both

trade from premises at First Floor, 130 Church Street, Preston, failed to notify with

the Information Commissioner’s Office that they processed personal data. The

companies are debt collection agencies. Corporate & Trade Limited were written to

on five occasions and General & Commercial Limited on three; both companies

failed to notify as a result of these letters. Under the Data Protection Act

organisations that process personal information may be required to notify with the

Information Commissioner at a nominal cost of £35 per year.

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Buchanan Clark & Wells Ltd 24 George Sq Glasgow ... as I've said before on other threads ARE NOT REGISTERED with the Information Commissioners Office as a data processor, they are unlawfully using some one elses license......AVANCE GROUP LTD

 

under section 17 of the Data Protection Act a limited Companies address on a license MUST be of their Registerd Office and Licenses are not transferrable form individual to individual or company to company each seperate Ltd company MUST hold its OWN license.

Buchanan Clark & Wells are still committing criminal offences

 

 

 

if they are chasing you for a debt then they are processing data report them to the Information Commissioners Office and then tell them to erase , destroy delete any info from their data banks and claim compensation for unlawful pursuit of a debt.

 

Sparkie1723

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  • 9 months later...

I've just stumbled across this thread, whilst trying to sort out a problem with Buchanan Clark & Wells.

 

I have found the following, it may be helpful to others reading this thread:

 

Buchanan Clark & Wells are registered as data controllers under the name of their parent company BCW Group PLC, details can be found on the Information Commissioners Office website:

 

Registration number: Z9810407

Date registered: 12 March 2007

Data Controller: BCW Group PLC

Address: 152 Bath Street, Glasgow, G2 4TB

Their register entry contains personal data held for 5 purposes:

1 Staff Administration

2 Advertising, Marketing and Public Relations

3 Accounts and Records

4 Debt Administration and Factoring

5 Provision of Financial Services and Advice

 

I don't know whether they registered for the first time on 12th March 2007 (after this thread was started), or it was a renewal? But they are registered as data controllers now!

 

Information Commissioners - Data Protection Public Register

 

I hope this may be helpful to the other members on here.

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