buchanan clake wells

[petehinch]

Hi all

A Week ago a received a letter from these people demanding money for a New Look account that I was suppose to have 3 years ago.

I sent the Consumer Credit Agreement letter off from the template section to them via recorded delivery. They have since sent a letter back stating that they do not have a copy in their office and I should contact their client directly.

Should I contact New Look directly or is it their duty to obtain the CCA and forward it to me?

I have never had a new look account and I am worried someone is using my name to obtain credit.

Any help will be much appreciated

 

Pete

Any help will be much appricated

[Guest The Terminator]

Hi all

 

A Week ago a received a letter from these people demanding money for a New Look account that I was suppose to have 3 years ago.

 

I sent the Consumer Credit Agreement letter off from the template section to them via recorded delivery. They have since sent a letter back stating that they do not have a copy in their office and I should contact their client directly.

 

Should I contact New Look directly or is it their duty to obtain the CCA and forward it to me?

 

I have never had a new look account and I am worried someone is using my name to obtain credit.

 

Any help will be much appreciated

 

Pete

Any help will be much appricated

 

Apparantly this bunch of jokers looking on companies house website were exempt from filing full accounts so their turnover is very small.Smells fishy!

[petehinch]

Update

 

Emailed Buchanan this morning, reminding them that they are obliged to supply these documents, whether you are they are the original creditor or not, under section 189 of the CCA 1974

 

Recieved a phone call from them that they don't care what the CCA states and that I have to contact this other company Abtik or something.

 

Am I right in believing that my orginal letter is still enforcable and if they fail to send me the documents in the time period 14 days plus 1 month, they will be breaking the law?

[spotnot]

Contact New Look. Send them an SAR and they should provide all the info. If they have any info, that it! Inform BCW that the account is in dispute and that by law they cannot progress with it until the dispute is resolved.

 

Interesting though, cos BCW claim not to trade according to their accounts.

[petehinch]

Thanks for the Advice.

 

Trouble is I do not know the contact details for New Look.

 

I have also formatted this letter to BCW please could you tell me what you think.

 

Buchanan Clark Wells

BCW House,

24 George Square

Glasgow,

G2 1EG,

 

Dear Sir/Madam

 

Re:− Account/Reference Number ******

 

I am writing to you in response to your letter and our telephone conversation (29th December 2006).

I am formally again requesting copies of my Consumer Credit Agreement. It is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 cheque in payment of the statutory fee.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

Can I also remind you that you have 12 working days from 27th December 2006 which is the date you received my original request.

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.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “in dispute”.

 

Yours faithfully

[spotnot]

When did you send the first letter?

[petehinch]

Just before christmas, they recieved it on the 27th December.

 

Am trying to track New Looks contact details down so I can ask them for my Consumer Credit Agreement. With know luck so can't send and letters to them directly. Have found out there is a third company involved Aktiv Kapital Assett Investment Ltd

 

Thanks again

[spotnot]

Then stick by the time limits set by the first letter. Allowing 2 days for delivery, they have 12 working days to reply. If no reply, they are in default. After one calendar month (after the twelve working days) they have committed a criminal act.

 

It doesn't matter what some trained monkey said on the phone. They have to stick by the guidelines laid down by law.

 

Will try and locate a New Look address for youi

[petehinch]

Thanks again,

 

Do you think I should send that second letter or should I leave it and wait for the time limit to expire

[spotnot]

New Look's address:

New Look can be contacted at:

Head Office

New Look Retailers,

Mercery Road,

Weymouth,

Dorset,

DT3 5HJ

Tel: 01305 765000

[spotnot]

Don't bother with the second letter. As long as you sent the first and they received it then the time starts from that.

[petehinch]

Ok will wait and see what happens

[spotnot]

You also need to check your credit file with Experian etc. New Look and the DCA may have defaulted you effectively wrecking yourcredit rating for the next six years.

[petehinch]

Thanks have checked there is nothing on my credit report from both.

Seams strange that they haven't even done a credit check on me in the first place

[spotnot]

Hmmm, strange one, especially as there is no record on your credit file. Try contacting New Look at the address above and see if they can shed any light on this. If you suspect that someone has stolen your identity, you should also contact the police and at least get a crime reference number.

 

Thanks for clicking my scales

[NailPost]

In order to "encourage" New Look to act quickly and decisively remind them that they, as the alleged original creditor, are responsible for the actions of their appointed debt collectors and unless the mess is sorted out pdq you will take action (legal or otherwise) against both the debt collector and New Look.

 

You should, in any event, be preparing to file a complaint with the OFT with regard to BCW's behaviour. The report will question BCW's fitness to hold a consumer credit licence. The complaint should also be made to the Info Commissioner questioning their fitness to hold a data processing licence.

[petehinch]

Thanks NailPost

 

How would I make a complaint to the OFT

[version302003]

If you go on their website you can download pictures of their staff party in the newsletter!

[Sparkie1723]

Hi petehinch,

 

Just to throw my "penny's" worth in , if you are a 100% sure you have nevr had an account with New Look uder the Administration of Justice Act Section 40 and the Protection from Harassment Act you can take action against both New Look & BCW for wrongfull pursuit of a debt, plus you could throw in unfair trading practices and as I have said before on the forum, Buchanan Clark & Wells Ltd of 24 George Square Glasgow are NOT registered as a Data Processor.

 

Sparkie 1723

[petehinch]

Hi petehinch,

 

Just to throw my "penny's" worth in , if you are a 100% sure you have nevr had an account with New Look uder the Administration of Justice Act Section 40 and the Protection from Harassment Act you can take action against both New Look & BCW for wrongfull pursuit of a debt, plus you could throw in unfair trading practices and as I have said before on the forum, Buchanan Clark & Wells Ltd of 24 George Square Glasgow are NOT registered as a Data Processor.

 

Sparkie 1723

 

Thanks For the info mate. If I get am more corrospondence from them I'll will reply to them quoting that.

[petehinch]

Just recieved a final notice letter from them today.

They say that I have a have not responeded to any of the letters.

The Police can't help because they say there is on evidence of a crime comitted.

 

Can anyone help and recommended any course of action

 

Thanks

 

A very worried person

[Sparkie1723]

Hi petehinch

Is it Buchan Clark & Wells Ltd George Street Glasgow?

 

Sparkie1723

[petehinch]

Yes

[Sparkie1723]

Ring the notifications section of the ICO give them all the info & tell them BCW Ltd are harassing you and you would like them to investigate BCW Ltd as they are not registered at that address as a data processor.

Also tell the police again that there is evidence of a criminal offence and that offences are being committed under section 17 (1) of the Data Protection Act, which is a CRIMINAL offence, processing data without a licence.

 

Sparkie1723

 

Sparkie

[petehinch]

Thanks Sparkie for the advice