Boobaby vs GE Capital & DCA - Help please !!

[un1boy]

Looks fine, just a couple of touch ups in red!

 

Hi

I have compiled a pretty 'straight for the jugular' kind of letter and just wanted some advice on whether or not to send it or amend it or send something completely different etc..... I am also sending a letter to GE Capital telling them that they shouldn't have used BCW etc....

Honest responses please...

Thanks Boo

 

I have written to your Company on numerous occasions requesting that you supply me with a true copy of the alleged agreement referred to above. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclosed a £1 Cheque in payment of the statutory fee and Data Protection Request. Cheque Number ***** which has been received and cashed.

 

I also requested a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. At which point you were notified that you were obliged to supply these documents, whether you were the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request as I informed you is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

I did, in addition to the above request copies of statements of the account.

The only information I have received to date is a copy of a Statement from Capital Bank - From July 2001 to October 2002.

After carrying out checks on your organisation I am now in possession of information that leads me to believe that as you are not registered with the Information Commissioners Office register of data processors you do not hold a license and are therefore committing criminal offences. Under sections 17; 18; 19 and 20 anyone who obtains, holds and stores data about individuals must hold a license to do so.

 

You do not hold a license and are committing criminal offences under the Data Protection Act this carries a penalty fine of £5,000.

As there has still been no proof of this debt being incurred by myself I now require you to do the following:

1. Refund to myself all monies paid to your organisation including interest.
   
2. Compensation for the unlawful processing of data and using illegally obtained information to unlawfully chase a debt.
   
3. Confirmation from yourselves that I have no further obligations to your Organisation and that there is no debt outstanding.
   
4. Arrange for the default and all other account information to be removed from my Credit File.

You have 14 days to comply with all of the above, failure to do so will result in a Criminal charge being brought against your organisation and a claim being submitted through the small claims court to include all of the above.

 

Yours faithfully

 

 

Boo

[un1boy]

Hi

I have compiled a pretty 'straight for the jugular' kind of letter and just wanted some advice on whether or not to send it or amend it or send something completely different etc..... I am also sending a letter to GE Capital telling them that they shouldn't have used BCW etc....

Honest responses please...

Thanks Boo

 

I have written to your Company on numerous occasions requesting that you supply me with a true copy of the alleged agreement referred to above. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclosed a £1 Cheque in payment of the statutory fee and Data Protection Request. Cheque Number ***** which has been received and cashed.

 

I also requested a signed true copy of the deed of assignment of the above referenced agreement that you allege exists. At which point you were notified that you were obliged to supply these documents, whether you were the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request as I informed you is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

I did, in addition to the above request copies of statements of the account.

The only information I have received to date is a copy of a Statement from Capital Bank - From July 2001 to October 2002.

After carrying out checks on your organisation I am now in possession of information that leads me to believe that as you are not registered with the Information Commissioners Office register of data processors you do not hold a license and are therefore committing criminal offences. Under sections 17; 18; 19 and 20 anyone who obtains, holds and stores data about individuals must hold a license to do so.

 

You do not hold a license and are committing criminal offences under the Data Protection Act this carries a penalty fine of £5,000.

As there has still been no proof of this debt being incurred by myself I now require you to do the following:

1. Refund to myself all monies paid to your organisation including interest.
   
2. Compensation for the unlawful processing of data and using illegally obtained information to unlawfully chase a debt.
   
3. Confirmation from yourselves that I have no further obligations to your Organisation and that there is no debt outstanding.
   
4. Arrange for the default and all other account entries to be removed from my Credit Files with Equifax, Experian and CallCredit (where applicable).

You have 14 days to comply with all of the above, failure to do so will result in a Criminal charge being brought against your organisation and a claim being submitted through the small claims court to include all of the above.

 

Yours faithfully

 

Boo

 

 

Up to you whether you use them!!

[Boobaby]

Up to you whether you use them!!

 

Fantastic, just one quick query would they be the ones that I would ask to have the default removed or would that be GE Capital.

 

btw - Thanks

Boo x

[un1boy]

One more thing with the letter, you have used the word "lead" you need to change it to "leads".

 

You need to ask the DCA, expecially if they have provided the deed of assignment, although they are licensed under the DPA so I would be inclined to send it to both....maybe send it to GE Capital and "CC" it to the DCA? You could put in the letter that you haven't sent it to the DCA because they aren't registered with a DPA license and you therefore can't guarantee the security of your data that is processed by them?

 

Hope that makes sense!

[Sparkie1723]

Find out who put the default there if it was GE CAp then they are the ones who have to remove it ....if it was BCW then they are in more trouble they are using someone else DP licence and should not have put it there in the first place.

 

sparkie1723

[Boobaby]

One more thing with the letter, you have used the word "lead" you need to change it to "leads".

 

You need to ask the DCA, expecially if they have provided the deed of assignment, although they are licensed under the Data Protection Act so I would be inclined to send it to both....maybe send it to GE Capital and "CC" it to the DCA? You could put in the letter that you haven't sent it to the DCA because they aren't registered with a DPA license and you therefore can't guarantee the security of your data that is processed by them?

 

Hope that makes sense!

 

It does make sense and I'm on the case, will let you know.

Thanks once more

Boox

[un1boy]

No probs - anytime!

 

PS Sorry it took so long

[tifo]

if they get your letter first they could delete all the info and write back they dont hold any and only use the info given by thier client and that info is then 2Lost

Sparkie

 

don't they HAVE to save all info for a minimum of 6 years? then how can they delete it?

[un1boy]

Plus I don't think these institutions would actually stoop as low as fraud!!

[Boobaby]

Plus I don't think these institutions would actually stoop as low as fraud!!

God forbid!!

[un1boy]

I know they stoop low, but I doubt they wuold do that.

 

How's your letter doing? Did you send it?

 

PS, thanks for the rep!!

[Boobaby]

I they stoop low, but I doubt they wuold do that.

 

How's your letter doing? Did you send it?

 

PS, thanks for the rep!!

 

Both are being printed tonight - GE Capital & BCW, printer playing up last night, so I have bought new cartridge etc.. So they will be sent first class recorded tomorrow.

Thanks for all your help and hers's hoping!

 

My pleasure regarding the rep you deserved it!

 

bev (Boo) x

[un1boy]

Well good luck and keep us posted - I may have to contact you about ur monsters incs avatars!!

[sarahpp]

Boo - I hope I have caught you before you get to the postbox.

 

You are quite right to "go for the jugular" as far as the non-production of the Credit Agreement is concerned. The bottom line is that they shouldn't have to go back to the original creditor if they have bought the debt because they should already be abiding by it's terms and conditions.

 

Also, you have a very valid issue regarding charges which have been added on by BCW. According to the OFT guidelines, additional charges have to be cited on the signed agreement (which of course, you haven't got). Even if they are they should be reasonable and proportional which does not seem to be the case.

 

I have looked on the ICO website though, and both BCW Group PLC (in Stratford) and BCW (Public Sector) Ltd in Glasgow are registered for debt administration and factoring so, I would be very wary about using that part of your letter.

 

I hope that helps you

 

Sarah

[Boobaby]

Boo - I hope I have caught you before you get to the postbox.

 

You are quite right to "go for the jugular" as far as the non-production of the Credit Agreement is concerned. The bottom line is that they shouldn't have to go back to the original creditor if they have bought the debt because they should already be abiding by it's terms and conditions.

 

Also, you have a very valid issue regarding charges which have been added on by BCW. According to the OFT guidelines, additional charges have to be cited on the signed agreement (which of course, you haven't got). Even if they are they should be reasonable and proportional which does not seem to be the case.

 

I have looked on the Information Commissioners Office website though, and both BCW Group PLC (in Stratford) and BCW (Public Sector) Ltd in Glasgow are registered for debt administration and factoring so, I would be very wary about using that part of your letter.

 

I hope that helps you

 

Sarah

 

Thanks Sarah

TBH I took your advice and have revisited the Information Commissioners Office website and have managed to come up with this I didn't manage to find this before!

 

 

Registration Number: ********

Date Registered: 27 June 2000 Registration Expires: 26 June 2007

 

Data Controller: BCW GROUP PLC

 

Address:

11 ELM COURT

ARDEN STREET

STRATFORD UPON AVON

WARWICKSHIRE

CV37 6PA

 

I will amend my letters and just now apply the bits regarding the non compliance etc....

Thanks again.

Boo

 

 

[Sparkie1723]

BCW Group PLC ....are not the same company as Buchanan Clark & Wells Ltd of 24 George Square Glasgow... they are completely seperate company with a completely different, set of directors they have a different registerd office at companies house ,and they are not registerd with the Information Commissioners Office and furthermore they are illegally using the data processors licence of another company AVANCE Ltd the Company they used to be.

 

 

Name & Registered Office:

BUCHANAN CLARK & WELLS LIMITED

24 GEORGE SQARE

GLASGOW

LANARKSHIRE

G2 1EG

Company No. SC223606

 

Status: Active

Date of Incorporation: 24/09/2001

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

 

 

*There are no entries that match your search criteria.*Registration NumberNameAddressPostcodeOrganisation sub-division

 

 

 

 

 

 

 

 

Registration Number: Z6481590

Date Registered: 01 March 2002 Registration Expires: 28 February 2007

 

Data Controller: AVANCE GROUP LIMITED

 

Address:

16 FARMELOAN ROAD

RUTHERGLEN

G73 1DL

Other Names:

BUCHANAN CLARK & WELLS

ONE80

This register is the one the Glasgow comany is using illegally

 

 

 

Sparkie1723

[Boobaby]

BCW Group PLC ....are not the same company as Buchanan Clark & Wells Ltd of 24 George Square Glasgow... they are completely seperate company with a completely different, set of directors they have a different registerd office at companies house ,and they are not registerd with the Information Commissioners Office and furthermore they are illegally using the data processors licence of another company AVANCE Ltd the Company they used to be.

 

 

Name & Registered Office:

BUCHANAN CLARK & WELLS LIMITED

24 GEORGE SQARE

GLASGOW

LANARKSHIRE

G2 1EG

Company No. SC223606

 

Status: Active

Date of Incorporation: 24/09/2001

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

 

 

*There are no entries that match your search criteria.*Registration NumberNameAddressPostcodeOrganisation sub-division

 

 

 

 

 

 

 

 

Registration Number: Z6481590

Date Registered: 01 March 2002 Registration Expires: 28 February 2007

 

Data Controller: AVANCE GROUP LIMITED

 

 

Address:

16 FARMELOAN ROAD

 

RUTHERGLEN

 

G73 1DL

 

Other Names:

BUCHANAN CLARK & WELLS

 

ONE80

This register is the one the Glasgow comany is using illegally

 

 

 

 

Sparkie1723

 

Hi sparkie

 

The address I have for this Company is the 11 Elm Court address which is the one registered as overleaf?

 

Bev

[un1boy]

Whoa Boo, I'm glad you got this sorted!

 

I didn't know you could check someone's DPA license details!

[Sparkie1723]

As I said Bev that,s a completely different company.

 

They are not the Debt Collectors from glasgow

 

 

sparkie

[Boobaby]

As I said Bev that,s a completely different company.

 

They are not the Debt Collectors from glasgow

 

 

sparkie

 

Hi Spark

Lost me honey

The company I am dealing with are the 11 Elm Court, Stratford people and they are the ones I found a licence etc for...Is that not right?

Bev

[Sparkie1723]

Hiya Bev I'll try and clear the misunderstanding up.

 

Each and every individual Ltd Company who has its own registered office address and processes data MUST have its own individual licence.

Therefore Buchanan Clark & Wells Ltd in Glasgow do not have a licence to process data......... fact.

 

To get the picture right, go to ICO web site go to the register search and punch in Black Horse Ltd ( its the easiest one I know) You will see that every different Black Horse Company has its own licence ....because IT has to.

 

 

Sparkie

[Boobaby]

Hiya Bev I'll try and clear the misunderstanding up.

 

Each and every individual Ltd Company who has its own registered office address and processes data MUST have its own individual licence.

Therefore Buchanan Clark & Wells Ltd in Glasgow do not have a licence to process data......... fact.

 

To get the picture right, go to Information Commissioners Office web site go to the register search and punch in Black Horse Ltd ( its the easiest one I know) You will see that every different Black Horse Company has its own licence ....because IT has to.

 

 

Sparkie

Sparkie

I'm still confused honey - Buchanan, Clark & Wells part of the BCW Group at 11 Elm Court are the people that I am dealing with and they have a licence as overleaf!

I have no dealings with the Glasgow address.

 

Bev

[Sparkie1723]

Oh baby boo baby,

 

Thought we had something for you there sooooooorrrrrrrrrrrrrrry!

 

I try and find something else.

 

keep smiling

 

 

sparkie

[Boobaby]

Oh baby boo baby,

 

Thought we had something for you there sooooooorrrrrrrrrrrrrrry!

 

I try and find something else.

 

keep

You are such a sweetheart thanks for all the help really thought we were in with a chance there but never mind, try another tact now.

 

Night night sweetie and thanks

 

Bev x

[sarahpp]

Hiya Bev I'll try and clear the misunderstanding up.

 

Each and every individual Ltd Company who has its own registered office address and processes data MUST have its own individual licence.

Therefore Buchanan Clark & Wells Ltd in Glasgow do not have a licence to process data......... fact.

 

To get the picture right, go to Information Commissioners Office web site go to the register search and punch in Black Horse Ltd ( its the easiest one I know) You will see that every different Black Horse Company has its own licence ....because IT has to.

 

 

Sparkie

 

Just to clarify here (and I know that Boo has already established that the office she is dealing with has a licence)

 

BCW (Public Sector) Ltd

24 George Street

Glasgow

 

Has a licence for debt administration and factoring under purpose 6.