BCW and Aktiv

[kennyparkroad]

do you have the previous letters stored of them telling you who the original creditor was etc?

 

 

all part of defence!

[chimaeradave]

do you have the previous letters stored of them telling you who the original creditor was etc?

 

 

all part of defence!

 

Oh yes! Everything stored, all letters sent recorded with copies of the recipients signatures, we have the complete paper trail.

[chimaeradave]

we are going to make the application for the CCJ set aside - as we were not present at the address it was served - so that should be OK.

 

However, one question though. The latest letter from BCW states that if we don't pay this alleged debt they will apply for a judgement in our local courts.

 

Now - can one alleged debt have 2 CCJs against it?

 

It all seems very odd to me.

 

TIA

 

Dave

[tiglet]

No, one debt can't have 2 CCJ's.

[chimaeradave]

No, one debt can't have 2 CCJ's.

 

Thanks, so what are BCW playing at I wonder.

[tiglet]

IMO, empty threats - either that, or having difficulty in distinguishing a from e.

[make them aktiv runners]

There's 2 possibilites:

 

1) They didn't obtain the CCJ themselves and are not aware of its existence.

2) They realise the CCJ may get set asisde and possibly the whole debt wiped out so they offer to accept a lower payment knowing they then have a better case to get the rest later/get something when they would otherwise get nothing

[chimaeradave]

There's 2 possibilites:

 

1) They didn't obtain the CCJ themselves and are not aware of its existence.

2) They realise the CCJ may get set asisde and possibly the whole debt wiped out so they offer to accept a lower payment knowing they then have a better case to get the rest later/get something when they would otherwise get nothing

 

I suspect 2 is probably correct. As they must be aware of the CCJ as the alleged debt to GE Captial is £130 - the debt they are claiming for is £340 which is the £130 + court costs specified on the CCJ.

 

thanks

[make them aktiv runners]

and so it continues...

 

We now get yet another letter from BCW stating Aktiv as their client yet now also stating that the creditor is "Arcadia DEBANHAMSSTORECARD".

 

D

 

Might sound cynical and not sure what the legal position is here but if you paid anything now they have changed the name of the creditor then you have paid nothing towards the CCJ whatsoever. Technically you are paying for Arcadia (who is not even a finance company and had no recourse to get a CCJ in the first place) not GE Capital.

[chimaeradave]

Might sound cynical and not sure what the legal position is here but if you paid anything now they have changed the name of the creditor then you have paid nothing towards the CCJ whatsoever. Technically you are paying for Arcadia (who is not even a finance company and had no recourse to get a CCJ in the first place) not GE Capital.

Indeed that is one of (many of) our concerns. It all seems rather fishy.

[kennyparkroad]

any updates?

[chimaeradave]

Not as yet. Our solicitor is drafting letters to BCW and Aktiv today.

 

I'll update when I hear anything.

[InKogneeToh]

update:

 

We have the fax from Aktiv that they claim is a deed of assignment showing that they manage the debt.

 

However all it is a letter created by themselves (their headed paper, their signature) stating they manage the debt from CL Finance.

 

Surely this can't be right?

 

Surely CL Finance or some other authority must state the re-assignment of the agreement to a third party - not the third party simply making the claim!

 

[cynic mode]

if it is the case anyone can search for CCJs (they are public records no?) and then write a letter stating that they now manage the debt on behalf of XYZ when in fact they don't

[/cynic mode]

 

Should we write to CL Finance to get a deed of assignment from them?

 

Or is this all really above board?

 

TIA

 

Hi

 

I have just been reading your thread and find the whole story very odd (the facts themselves, not your account of them! ).

 

Firstly, who are BCW and who are CL Finance? - where do they fit into this saga?

 

Also you say you have received a faxed Deed of Assignment from Aktiv which they claim shows that they 'manage' the account.

 

A Deed of Assignment is for a legal transfer of the debt to another party, and if Aktiv have one then they own the debt, not just 'manage' it!

 

You say that the original creditor was GE (via Arcadia). You need to find out who actually owns the debt now!

 

Also, are you able to scan and post up the 'copy agreement' they have sent or scan and attach to email if I sent you my address (blanking all personal detail of course!). I would be interested to see what they've sent you.

 

Regards, Pam

[chimaeradave]

Hi

 

I have just been reading your thread and find the whole story very odd (the facts themselves, not your account of them! ).

 

Firstly, who are BCW and who are CL Finance? - where do they fit into this saga?

 

Also you say you have received a faxed Deed of Assignment from Aktiv which they claim shows that they 'manage' the account.

 

A Deed of Assignment is for a legal transfer of the debt to another party, and if Aktiv have one then they own the debt, not just 'manage' it!

 

You say that the original creditor was GE (via Arcadia). You need to find out who actually owns the debt now!

 

Also, are you able to scan and post up the 'copy agreement' they have sent or scan and attach to email if I sent you my address (blanking all personal detail of course!). I would be interested to see what they've sent you.

 

Regards, Pam

BCW are a firm of debt collectors in Glasgow acting on behalf of Aktiv

CL Finance are the people named on the CCJ as being the creditors (the CCJ mentions the reassignment of the debt to CL Finance from GE Capital)

 

The fax we got from Aktiv was a letter written by them stating they owned the debt from CL Finance. It is odd because I'd have thought a deed of assignment should be from CL Finance stating that they have handed the debt to Aktiv. Not the other way around.

 

Indeed we do need to find out who owns the debt - that is what we are trying to ascertain.

 

I'll try and scan the "copy agreement" when I get the paperwork back from the solicitor.

 

It looks basically like the application form - but it does have a large heading "Consumer Credit Act" and lots of small print pertaining to the Act and GE Capital. It also bears our signature.

 

thanks

 

D

[chimaeradave]

and it continues...

 

We got a letter last week from BCW stating that they now have authority to send a debt assessor round pending court action.

 

I presume they can't actually send anyone round without a court order?

 

And today we get a letter from a solicitor acting on behalf of BCW stating that legal action will commence.

 

We have a solicitor ourselves on the case, but we have been away for a while so nothing has yet progressed.

[kennyparkroad]

no-one can call at your home without a court order, if they do and you dont want them there, simply ask them to leave (dont let them in your house)

 

if they dont, advise them your phoning the police to get them removed.

 

chances are they wont turn up but you never know.

[chimaeradave]

cheers Kenny, that's what I thought.

[chimaeradave]

and so the saga goes on...

 

Our solicitor has now contacted BCW to find out what is going on, and got a response from BCW.

 

BCW claim that they have no record of us ever responding to any of their letters.

 

This is despite that fact that:

 

a) we have sent 5 replies all recorded/signed for and we have the signatures as proof of receipt.

b) we have documented phone calls between Citizens Advice Bureau (dates, names of people spoken too etc.) and BCW and Aktiv

c) 2 letters (and copies of the credit agreement) received from BCW containing replies from their litigation officer to our letters that requested copies of the credit agreement

d) a FAX from Aktiv stating that they had informed BCW that we had been trying to resolve this.

 

So on simple terms it appears BCW are now lying to our solicitor.

 

Coincidentally - or not!- BCW wrote to us yesterday offering us a discounted rate to satisfy the debt.

 

All very fishy.

 

D

[kennyparkroad]

well you have the proof you need, i assume your solicitor has that proof too.

 

reduced debt?

 

no thanks, i think we all prefer NO DEBT

 

they have just lied to a solicitor, they have just lost any case in court!

 

well done you!

[chimaeradave]

cheers Kenny

 

Yes our solicitor has all the facts.

 

I suspect (rather hope) that BCW will now go away

[kennyparkroad]

would love to see the letter your solicitor sends back!

[chimaeradave]

Right then, it continues...

 

Since we got the solicitor on board in May we have heard nothing from BCW or Aktiv - until today.

 

We received a letter from Aktiv stating that they have tried to get the supporting documentation but the original creditor cannot find them in the archives.

 

They go on to say that they (Aktiv) legally bought the debt, but did not buy the documentation . They go on to say that when accounts are legally assigned, they do not purchase the liabilities of the original creditor.

 

But in a gesture of good business practice they will (without prejudice) accept 50% of the balance in full and final settlement.

 

So, how come they can claim to legally have the account assigned to them but not have to abide by the CCA anymore.

 

Sounds very odd to me - and we'll being seeing the solicitor again ASAP.

 

A scan of the letter is below. We'll keep you posted.

 

 

 

 

 

[firstwithit]

ITS BULLSxxT no CCA means no pay, I bet they would like you to pay half as they have paid perhaps 50 quid for it, if that!

[tiglet]

It most certainly is not up to any member to decide how far to comply with the act - he act is statute law and therefore must be complied with.

 

The argument is basically one that many DCA's try on - "we bought the rights, but not the duties".

 

Absolute bowlarks - as the above poster said, if they don't have a valid CCA, they canot enforce the debt.

[cerberusalert]

What is it with these no-brains? If a DCA buys the debt they also take on the responsibilities that go with it. They know it, you know it & your solicitor certainly knows it.