Buchanan Clark + Wells PLC...

[Steph211081]

Hi all only just realised this site exsisted!! Im struggling with buccanan clark and wells at the moment and have been for a few months I have already made payments to them of £25 a month (:o £27 including charge for paying with debit card!!!!!) for 3 months the debt was from onetel i offered to pay one tell in installments because I couldnt afford the full amount of £330 they refused and said they cant except that they need full payment or nothing!!!! I told them there was no chance so they sent the debt to buchanan clark and wells! help how do I stand on fighting this debt now??!!! any advise will be fab xx:)

[pmhcfc]

Hi all only just realised this site exsisted!! Im struggling with buccanan clark and wells at the moment and have been for a few months I have already made payments to them of £25 a month (:o £27 including charge for paying with debit card!!!!!) for 3 months the debt was from onetel i offered to pay one tell in installments because I couldnt afford the full amount of £330 they refused and said they cant except that they need full payment or nothing!!!! I told them there was no chance so they sent the debt to buchanan clark and wells! help how do I stand on fighting this debt now??!!! any advise will be fab xx:)

 

Steph, the best thing to do for now is to start your own thread on this. That way people will be able to give you help on your specific problem...Just a quick answer re your question; I think you'll find BCW are only collecting agents for the original creditor. Start your own thread and put a little more detail in it re what the debt is about etc etc...

[Smokin Jo]

*Rubs Eyes*

 

So far so good for me Steph, I wish you well with your case.

 

The guys here are excellent and they'll give you all the support you need!

 

KR's

 

SJ

[Boobaby]

Wow, interesting letter Boobaby!

 

So are they still pestering you or have they given up? Do they have the right to revisit your case, as and when, since it's not a criminal offence they've committed?

 

Personally I'm going to write in direct reference to the "visit" letter. I don't think I'm going to push on the CCA request and let the 40 days run through.

 

Then I'll report them like you have!

 

I've been giving the wife verbal boxing lessons so hopefully she'll be able to handle matey when/if he calls.

 

Boobaby you're a star, many thanks.

 

SJ

 

******* Letter Added ********

 

Dear Sirs

 

BCW Ref: XXXXXXX Client Ref: XXXXXXX

 

I write with regards to your correspondence dated 14th March 2007 in which you suggest I will be subject to a Personal Visitation from a Debt Investigation Officer.

 

I refer you to your letters sent on the 14th and 15th of March in which you state that our account is on hold pending the supply of information which I have requested. You will also note from my letter which you received on the 9th March 2007 that this alleged debt is contested.

 

I advise you that I am not prepared to discuss this matter either by telephone or in person with your company or your representatives, and all communication should only be by written correspondence.

 

Kind regards,

 

Hi SJ

Hopefully you've not had a visit from this company. Letter is to the point and says exactly what needs to be said.

 

I do not know what to do with these people now. As you noted I had a response form the ICO's office but their powers are limited.

They have written to BCW asking for their compliance with my requests but these people don't seem to take anything or anyone seriously, having said that the ICO can do nothing but remind them so my hands are tied in that respect.

BCW have however responded now but get this - They deny all knowledge of my request prior to January of this year and enclosing (for no fee they state) a copy of information regarding my account which is basically a transcript log of all verbal & written correspondence. Funnily enough though it has logged for the 9th of November a letter received from myself (which would have been the second letter in the series regarding DPA request) regarding non compliance etc....??

They have still not forwarded -

1. The original signed agreement

2. The deed of assignment

3. Statement of Account showing all of the payments made to them.

In fact nothing that I requested.

 

So I'm trawling this site myself to see what action to take next.

 

Boo x

[Steph211081]

Steph, the best thing to do for now is to start your own thread on this. That way people will be able to give you help on your specific problem...Just a quick answer re your question; I think you'll find BCW are only collecting agents for the original creditor. Start your own thread and put a little more detail in it re what the debt is about etc etc...

 

 

How do I start a new thread?? sorry hatebein new!!

[PriorityOne]

How do I start a new thread?? sorry hatebein new!!

 

Go into the forum that you want... General Debt, Debt Collection Agencies, etc.... Near the top is a box which says "Start new thread".

 

Click on this, put a title in there.... and type your problem in the box below.

 

[employee2007]

Hello all.

 

Good luck with your individual fights against these people.

 

I too have received some letters from thes people, Buchanan clark + wells, the latest being formal Notice of Defaulting Account with threats of County Court action.

 

However they do not have my phone number so they are not really bothering me in any way at this point - I just ignore them!

 

My question is this: Are these people all bark and no bite, or will they actually issue court proceedings if I continue to ignore them?

 

Basically, if they will just give up and go away I do not want to encourage them by acknowledging them, even with CCA and SAR requests.

 

Has anyone gone to court with these people or been issued a summons? If not, maybe just ignoring them is the best bet?

 

Look forward to and appreciate all of your responses

[Smokin Jo]

My route has worked so far (touch wood) so do some reading first employee...

 

My 40 days are up and not heard a peep since my last letter.

 

I'm off to bed now and will revisit this tomorrow, just need to thank employee 2007 for reminding me that I had a debt!!!

 

Next step tomorrow chaps!

 

Onwards and upwards!

 

SJ

[employee2007]

Good luck SJ!

 

Ido not wish to hijack your thread. I probably should have posted new. But hey if it acted as a reminder it is all good right.

 

I have started a new thread instead, so if you are able to reply to me on this subject please do so here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/89553-bcw-re-rbs-credit.html#post815463

 

THANKS

[rosieglow]

Hi there,

 

We've just received a letter from bcw yesterday asking for money on the behalf of NPower - a debt which we cleared last year. NPower say they don't use this company but have had others calling saying the thing (ie bcw asking for money owed on debts actually already cleared). I was wondering what happened with you Smokin Jo? Have you resolved the situation? Does anyone know how these people can be stopped for good? PLease advise...I will start my own thread but just wanted to see how you got on SJ

Rosieglow

[Sparkie1723]

Rosieglow,

Write and tell them that you intend to take action through the courts under the Protection from Harassment Act 1997 and Section 40 of the Administration of Justice Act (wrongfull pursuit of a debt) both of which are criminal Acts for that particular type of offence and tell them in no uncertain terms the easons and that you demand compensation for this harrassment and you Do intend to prosecute them under those Acts. Make it clear to them that you will, they will not stop harassing you until you do.

As long as no-one stands up to them they'll keep on and on and a lot of people are intimidated by them, they are PRATTS.

Dont take their apologies without a compensation offer, for all the distress it is causing you.

 

 

sparkie

[lookinforinfo]

After reading through some of the posts on this thread, I have the feeling

that there is some confusion between the two requests that can be sent.

If I have misread the situation, I apologise.

 

The S.A.R - (Subject Access Request), which is usually sent to the original creditor asks for all the personal data held by that company about yourself-even if that data goes back further

than six years. One would often use it to ascertain how much had been charged

to the account in the way of unlawful charges, with a view to reclaiming them.

The company has forty days in which to respond. As the request is covered by the Data Protection Act, if you wish to report the company, you write to

the Information Commissioners Office, as Boobaby did. And much good will

that do-as you saw by the letter she received.

 

A CCA request, on the other hand is a totally different kettle of fish. There,

the company is required to send you a copy of the original agreement, any

documents that are mentioned in the agreement form [such as their T&CS-

and then it should be those that were in operation when the account was opened, not their current ones], and a statement laying out how many payments have been made, how many missed, and how many are outstanding.

And if you have a payment plan in operation, when the rest of those payments are due. They do not have to send a deed of assignment, though

some do. You are normally better to send this request to the DCA.

 

This request comes under the Consumer Credit Act and the outcome for a

company that fails to comply with this Act are dramatic.

They have two days plus twelve working days [ie not including weekends and bank holidays]in which to supply the documents. Failure to do so puts them

in default. When in default they are not allowed to pursue you for the debt,

nor charge interest on it until the agreement has been sent. And you can stop

paying the debt if you want.

If after a further month, the Act still has not been complied with, they have

committed an offence. And without the agreement, the debt becomes

unenforceable-even if they take you to Court.

 

The Office of Fair Trading are the people who handle breaches of the CCA,

but you start off by reporting the breach to your local Trading Standards Office who will then escalate matters themselves.

 

This breach carries a fine of up to £2500 plus they receive a criminal record-

so companies that have any sense will probably agree to come to an

arrangement with you to avoid this situation.

In any event they should cease to process your data as without the original

agreement, they do not have your permission to do so. By that I mean they

must withdraw defaults on your credit record for a start.

If your debt is under £2500, you would think that the company would be better off writing the amount off for you, in return for you agreeing not

to report them

 

I suggest that you do not complain too quickly to TS after the deadline has passed as Courts are often remarkably lenient when time limits are involved-

and may allow the company more time to produce the documents-especailly

as the Judge may feel that it is somewhat harsh to refuse them permission

to collect the debt from you on what is a technicality if all the paperwork

was completed correctly at the start of the loan.

[tooth_fairy]

I'm having fun fun fun with BCW, don't let them fob you off by saying it will take 28 days for you to get a signed CCA from them, they are fully aware it is to be processed and sent in 12 working days (+2 days for post) and ignore their request which they sent me which was for £10 under the CCA and you MUST put on your letter

THE FEE ENCLOSED IS NOT TO BE PUT TOWARDS ANY ALLEDGED DEBT

as they try to take the £1 what you owe then say they can't accept your £1 payment!

 

Good luck and keep us posted.

[Boobaby]

After reading through some of the posts on this thread, I have the feeling

that there is some confusion between the two requests that can be sent.

If I have misread the situation, I apologise.

 

The S.A.R - (Subject Access Request), which is usually sent to the original creditor asks for all the personal data held by that company about yourself-even if that data goes back further

than six years. One would often use it to ascertain how much had been charged

to the account in the way of unlawful charges, with a view to reclaiming them.

The company has forty days in which to respond. As the request is covered by the Data Protection Act, if you wish to report the company, you write to

the Information Commissioners Office, as Boobaby did. And much good will

that do-as you saw by the letter she received.

 

A CCA request, on the other hand is a totally different kettle of fish. There,

the company is required to send you a copy of the original agreement, any

documents that are mentioned in the agreement form [such as their T&CS-

and then it should be those that were in operation when the account was opened, not their current ones], and a statement laying out how many payments have been made, how many missed, and how many are outstanding.

And if you have a payment plan in operation, when the rest of those payments are due. They do not have to send a deed of assignment, though

some do. You are normally better to send this request to the DCA.

 

This request comes under the Consumer Credit Act and the outcome for a

company that fails to comply with this Act are dramatic.

They have two days plus twelve working days [ie not including weekends and bank holidays]in which to supply the documents. Failure to do so puts them

in default. When in default they are not allowed to pursue you for the debt,

nor charge interest on it until the agreement has been sent. And you can stop

paying the debt if you want.

If after a further month, the Act still has not been complied with, they have

committed an offence. And without the agreement, the debt becomes

unenforceable-even if they take you to Court.

 

The Office of Fair Trading are the people who handle breaches of the CCA,

but you start off by reporting the breach to your local Trading Standards Office who will then escalate matters themselves.

 

This breach carries a fine of up to £2500 plus they receive a criminal record-

so companies that have any sense will probably agree to come to an

arrangement with you to avoid this situation.

In any event they should cease to process your data as without the original

agreement, they do not have your permission to do so. By that I mean they

must withdraw defaults on your credit record for a start.

If your debt is under £2500, you would think that the company would be better off writing the amount off for you, in return for you agreeing not

to report them

 

I suggest that you do not complain too quickly to TS after the deadline has passed as Courts are often remarkably lenient when time limits are involved-

and may allow the company more time to produce the documents-especailly

as the Judge may feel that it is somewhat harsh to refuse them permission

to collect the debt from you on what is a technicality if all the paperwork

was completed correctly at the start of the loan.

 

Hi LFI

Thanks for that information. Very useful as I suspect like loads of other people we get so embroiled with all the legal jargon and the number of people to report to, at whatever stage we get to and whatever route we have taken that sometimes personally I just need someone to come along and say - Yes that's right this is what you do now and then follow it up with or No you need to do this!

Again like many people I have been trying to get an original signed agreement and any paperwork from BCW and the Company they are acting on behalf of - GE Capital since last August. I have adhered to the process, I have reported them to the IOC (waste of time) I have reported them to TS and OFT and I still wait. I have also written to the CRA's asking them to remove the default etc.. See -

Boobaby vs GE Capital & DCA - Help please !!

 

1. I have had letter after letter from BCW with two or three lines stating that they have asked GE Capital for the information.

2. When I told GE Capital that I would be taking them to Court they employed another DCA who sent me an extremely threatening letter requesting immediate payment of a completely made up loan amount!!

3. IOC said thanks for the letter they would now be closing the complaint.

4. OFT - No response

5. CRA's No responses yet.

 

So for anyone else who is at this stage or who is having the same problem - what do we do now:?:

 

Boo x

[lookinforinfo]

Boobaby and Smokin Jo, in both your cases the time to have complied with

your CCA requests has long past.

Therefore you obviously are not continuing to pay off the debt. So I take it

that what you are looking for is the removal of default information.

 

Boobaby, I suspect one of the problems you are having is that in addition to

asking for the default removal, you are asking for the deed of assignment

and a return of monies paid.

 

The DOA is not a requirement under a CCA request, and I can see little

legal justification for a refund. The only way that could justify that action in

my opinion would be if the debt was not yours. You are therefore giving

them the impression that you are hazy, to say the least on the law, and so

they feel perhaps that they do not have to take you too seriously.

 

You have the law on your side if you go about it in the right way. Because

they cannot produce your original agreement, they do not have your permission to process your data. So write to the current creditor pointing out

that as they have given an undertaking to the CRAs that they will have your

permission to process your data, they are misleading the CRAs at the very

least.

So give them fourteen days to remove the default or you will go to Court to

force them to remove it. You can remind them that if you do end up in Court

you will let the Court know that the creditor has failed to comply with the

Consumer Credit Act, and has further breached the Act by pursuing you while

they were in default. Say that at the end of fourteen days, you will apply to

the Court without further notice.

 

But you must be prepared to take them to Court if they don't respond.

[lookinforinfo]

One more thing. If you are going to take them to Court over the non compliance of your CCA request, then you have only six months from the time

of the offence being committed before it becomes statute barred. So perhaps

they are sitting tight hoping that time will run out before you take action.

[Smokin Jo]

Just got home from a very enjoyable meal out (paid for in cash!)....

 

I'd actually forgotten about all of this but I believ I should now take the next step and finalise everything. (or should I just let it go in view of the fact that I've not heard anything for a couple of months?)

 

I guess there's a few peeps that might think that?

 

Many thanks all for bringing this back to my attention!

 

Cheers

 

SJ

[Boobaby]

Boobaby and Smokin Jo, in both your cases the time to have complied with

your CCA requests has long past.

You have the law on your side if you go about it in the right way. Because

they cannot produce your original agreement, they do not have your permission to process your data. So write to the current creditor pointing out

that as they have given an undertaking to the CRAs that they will have your

permission to process your data, they are misleading the CRAs at the very

least.

So give them fourteen days to remove the default or you will go to Court to

force them to remove it. You can remind them that if you do end up in Court

you will let the Court know that the creditor has failed to comply with the

Consumer Credit Act, and has further breached the Act by pursuing you while

they were in default. Say that at the end of fourteen days, you will apply to

the Court without further notice.

 

But you must be prepared to take them to Court if they don't respond.

Thanks very much LFI

The problem I know I have is that I come across a particular thread that advises one way and that's it I'm hell for leather down that particular trail. All I want at the end of the day is as you suggested the default removed. I then have a clean file and can move on etc...

I will prepare the letter to GE Capital tonight and send a copy to BCW so that they are also aware of the current position etc...

Thanks once more

Boo x

[Boobaby]

This is the response I intend to send to GE Capital with a copy being sent to BCW:

I have written to your Company and your agents Buchanan, Clark and Wells 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. 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 has resulted 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.

As there has still been no proof of this debt being incurred by myself I now require you to 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 remove this default should you not comply with this request I will have no hesitation in applying to the Courts forcing you to remove it. I must also remind you that should this issue end up in Court I will let the Court know you have further breached the act by pursuing myself whilst you are in default

 

Yours faithfully

 

Boo

[andymanx]

This is the response I intend to send to GE Capital with a copy being sent to BCW:

I have written to your Company and your agents Buchanan, Clark and Wells 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. 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 has resulted 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.

As there has still been no proof of this debt being incurred by myself I now require you to 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 remove this default should you not comply with this request I will have no hesitation in applying to the Courts forcing you to remove it. I must also remind you that should this issue end up in Court I will let the Court know you have further breached the act by pursuing myself whilst you are in default

 

Yours faithfully

 

Boo

 

Boo, did you get a reply from GE Capital or BCW in the end?

[Smokin Jo]

What a crazy world we live in!

 

Almost a full year from my request for the original document we have received today a letter for payment from our friends at BCW. They also enclosed a very blurred copy of the original card application.... I then received a phone call for my wife, she wasn't in.

 

They have asked for full payment, £1766.01 by the 31st Jan 08.

 

Since we haven't aknowledged this debt in any way is there a statutory time scale involved here? The debt goes back some seven years.

 

Also I never received a deed of assignment, is this something I should have.

 

Thanks again all for any help, much appreciated.....

 

Smokin Jo

[Smokin Jo]

Me again!

 

Have just written the following, would be grateful for any guidance before I send it.

 

 

I refer to your letter dated 24/01/08 and your phone call, both of which I received today. As previously mentioned in my last letter dated 8th March 2007, I do not acknowledge ANY debt to your company.

 

I am still contesting your claim.

 

I note with interest your attachment to your letter referred to above. Although somewhat illegible, this seems to be a copy of an application form or suchlike and in no way represents a copy of the original signed credit agreements that I have already requested, as is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974. Nor have you provided me with a statement of account as you are obliged to, as I previously requested.

 

I am also waiting for a copy of the deed of assignment on the above mentioned agreement that you allege exists. In your letter dated 14th March you advised me that you had requested your clients to forward these documents to me directly. This is a legal obligation, whether you are the original creditor or not, under s189 of the CCA 1974.

 

You are well aware that 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.

 

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I would ask that any further communications on this matter should be by written correspondence, I will not discuss this matter by telephone or in person with your company or your representatives.

 

 

Yours sincerely,

 

 

I'm going to keep the Statute Barred stuff in reserve....

 

Many thanks all,

 

Smokin Jo

[harrymay]

I have just recieved a letter from Buchanan & Wells demanding payment for a debt alledegly owed to British Gas. I left a property in June 08 and left all the details of meter readings forwarding address etc with my landlords, as I was in credit with British Gas when I paid my last bill I wasnt worried about the move.

 

8 months after I moved I recieved a letter from Buchanan & Wells stating they were issuing a county court judgement against me for an outstanding electric and gas bill with British Gas for the period up to 1st Sep 08 even though I left on 1st June 08.

 

I immediately called B & W to tell them there was a problem and I might have well of phoned the speaking clock for all the help I got, I spoke to a woman in Glasgow from their "Call Centre" but no matter which option you choose when you ring you get the same woman, after explaing there was a mistake I was given the option to pay up in full or they would be proceeding with the court judgement after trying to explain about the mistake for a good 5 minutes the only help I got was to pay up to avoid the action being taken, the woman was very rude and unhelpfull I asked her for a name of someone at British Gas which she refused to give me, she then went in to a speel about how it was my fault and I should have phoned British Gas myself, I advised this woman I would send a copy of my contract to B & W to pass onto British Gas.

 

I spoke to my Estate Agents who I rented the property through and as soon as I mentioned British Gas they knew I was getting hassle of B & W, the Estate Agents then sent a email to B & W showing my dates of leaving aswell as meter readings etc, which they said they did at time of leaving to British Gas.

 

I today rang B & W to ensure they had recieved this email, I got the stroppy rude woman again who said it takes them up to 14 days to process emails so she wouldnt know until then, I asked if she would write or phone me to let me know when the email was on the sysyem to which she just said no end of, I said will British Gas be contacting me she said probably, however if I settled the bill which wasnt mine and I have proof isnt mine then they would be able to close the file down.

 

I asked why British Gas had not contacted me when they had my forwarding address to which it was made clear to me the conversation was over if I pay the incorrect bill the file could be closed, however even after I proved the bill was wrong B & W would still chase me and issue proceedings if British Gas did not tell them otherwise.

[harrassed senior]

Hi, I am not sure if I should post here, but could not find how to start my own thread.

 

In April 2006 a County Court Judgement was awarded against me for a sum alledged to be owed to B & Q, /the claimant was CL Finance Ltd.

 

A member of my family wrote to the Court explaining that I was extremely ill with heart problems. The Court, I assume, accepted that I could not pay and I have heard nothing further from that direction.

 

However, shortly thereafter it would appear that the debt, including Court Fees was passed to Aktiv Kapital, who again threatened to issue County court Proceedings. (through The Lewis Group!). Again a member of my family advised with Medical Certificate confirmation , that I was too ill to deal with this matter.

 

With absolutely no reference being made in connection to the fact that I already have a Judgement against me for this debt, buchananclark and Wells are now threatening Court Action etc. As of 21st December 2008 they were sent the CCA letter and sent a long winded reply saying they have requested the required paperwork from the originating client.

 

I would appreciate anyone's input as to how long this can keep coming back to me even after a Judgement which no one seems to know about!!

[annhtj]

Hello

 

I had no idea so many people were having problems with this company!!

 

My partner is being chased for debts going back a long time (will have to check at home whether it is 6 years or not!) I have only jsut found out about this site, or we wouldn't have agreed anything yet.

 

I have read about the clause where if you have not been contacted in 6 years, then the debt cannot be persued, does this still count if you have made payments?

 

When the first letter came, he called them and was pressured into £30 a month payments, they said they would not accept less. He lost his job some time ago, but is not yet eligable for JSA so really has no income. I said that i would make payments until circumstances improve but could not afford that amount. The 1st month I sent £30 as that was what had been agreed over the phone, but sent an accompanying letter explaining the situation and that payments of £15 would be made instead. The next months payment of £15 was sent and taken from my account, but they have since written to say that it is not acceptable and they will send an investigation officer round.

 

Considering the circumstances, I think they're lucky to be getting anything! Have written back to say that this amount is realistic and reasonable and to ask why it wont be accepted.

 

Can they refuse an offer such as this? The amount outstanding is just over £1000. Also, since 2 payments have been made, can we use the 6years clause?

 

Thanks everyone.