Buchananclark+Wells (Thames Credit)

[Diddy]

Hi there, I have just recieved a letter from the above people. It states on the letter "Formal Demand", and the letter goes on to demand the sum of £340+ (ish) for a debt owed to GE Capital Bank .

Now the actual letter is from Buchananclark+wells acting on behalf of Thames Credit Limited (still with me lol). (BTW I have never heard of either the 2 companies but did have dealings with GE Capital). Thing is Ge Capital was so long ago I dont even remember what it is for. I plan on sending a CCA to buchananclark+wells.

1. Am i sending the CCA to the correct people in this chain ?

2. Anyway i can actually find out if GE Capital was a Credit Card ? Because if the debt is for a CC then for the sum owed i would def put in an S.A.R and they would most likely owe me more than i do them.

 

To summerise i have had a tough few years and really cant remember this debt, Do i just send the CCA and wait and see ?

Any help and/or pointers would be appreciated.

[powelll]

1. Yes - CCA whoever is currently chasing you as it's their responsibility to know that they are chasing a valid debt ie they have a copy of the agreement you signed. They will probably have to approach GE Capital for this or you may just get a letter advising that they are passing the debt back to GE ( this will depend if they have bought the debt from GE or are just collecting on their behalf though )

 

2. Check your credit ref file ( although this will only go back 6 years. You need to be aware that if you do this your creditors may be able to see that this has happened and if you have moved and they are not aware of your new address they may have access to this ( depending what kind of agreement they have signed up for with the cred ref agencies )

 

It's also worth mentioning that if you suspect that you have not made a payment or acknowledged this debt in writing for around 6 years ( and no CCJ has ever been obtained ) then the Statute of Limitations may apply - ie the debt will be unenforceable. If this is the case the link below will be useful:

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

[mcfadzean1]

I Got The Same Letter From B.c.w 3 Weeks Ago And I C.c.a'd Them . Got A Reply From Them Last Week Saying That They Havent Got The Cca And Are Passing Me Back To Thames For The Cca And We Should Be Hearing From Them Shortly . By The Way Do I Cca Thames Credit Or Leave It Considering Ive Cca'd B.c.w ?

[rory32]

There's certainly no harm in sending Thames a CCA request, but you may wish to wait for them to contact you first - up to you.

[tooth_fairy]

Just make sure with BC&W you quote that the max fee payable for a CCA copy is £1 as they wrote back to me to say I had to pay £10 for the CCA, they seem to specialise in statue barred debts too, so make sure you pop at the top of the letter 'I do not acknowledge any debt to you or your clients'

[Diddy]

Just updating this thread to add my letters to date. Needless to say Im playing the "waiting game" now.

 

 

 

 

 

 

 

I assume the above is all standard stuff ?

[rory32]

Standard twaddle. Probably the next letter you get will be "we have now passed this account back to our client".

[Diddy]

Thankyou for speedy reply.

[rory32]

Just ensure that you keep the letters for Trading Standards, as DCA's should not be asking for payment/threatening legal action when the account is in dispute.

[Diddy]

Thanks for the reminder Rory. I have bought a pack of simple A4 folders so that i dont do my usual dissappearing letter trick.

[Diddy]

Hi guys and girls. After what seems like forever i have today received a demand for full settlement of the above account. They have also included my CCA that i requested albeit about 90days or so after i asked for it. Below is what i have recieved from them today (well actually last week sometime but i was in england for a family bereavement. So this is where i am at today. Can anybody advise as to what i should do next ? I assume that the CCA is ok (It looks ok to my untrained eyes lol). Is that the case ? If it is the case do i just try to negotiate some sort of pay it in installments type of arrangement.

Also the sum is 341 but it states my limit was 300 - do i sense that there has been charges applied ? In fact to be totally honest i do now remember having this store card - many moons ago. But i really did think i had cleared it as i only ever used it to buy the odd pair of trousers ect. So If these are charges can i get them back ? Anyway enough of my rambling on for now. Below are the letters i have recieved.

[Diddy]

This was the cover letter that came with it - as you can tell i am currently "Out Of Time" for there deadline has passed (cheeky beggers considering how long its taken them to send/find my CCA)

[Hopeful1]

Hey Diddy, i was wondering if you were ok.

 

The above post looks very much like an application form to me!

[Diddy]

Yes hopefull1 I'm doing OK - still fighting the fight etc. Had to take the whole family in my battered old rover down to Kent last week for an aunt's funeral so obv that's not so great but as for anything else - I'm fine my father seems to be OK at the moment so i am back to writing letters again. Thanks for all your support BTW. You and others have been most helpful.

Anyway back to the CCA my 1st thought was that is is an application form but i wasn't sure as half way down the page it states

Credit Agreement Regulated By The Consumer Credit Act 1974

 

Also it does have APR + min payments but it is missing cancellation rights etc

So opinions are as usual very welcome. But as said i think like you that this doesnt cut it when we are talking CCA.

[Hopeful1]

Sorry to hear about your family bereavement, but i'm glad your dad's doing ok. I've got an old car, it's amazing how much mileage i get out of it!

 

I notice in BCW's letter they refer to the 'agreement' as an 'invoice' which obviously isn't what you asked for! Did they enclose a statement of account?

 

As always, it may be worth sending a S.A.R to Thames Credit if you think the account was cleared. If that balance is made up of charges you could ask for it back. Alternatively, it is unlikely there's a credit agreement to make this enforceable anyway.

 

It may be worth trying to attract Curly Ben's attention - he likes BCW

[Diddy]

1st let me appoligise for not formatting the above to fit the page properly.

The above letters are all i have heard from them since June (the older posts in this thread). I was considering sending them an SAR. But then i thought who to lol. If you look at this its basically a burtons card passed on to Themes Credit (or what ever they call themselves today) and re passed (a new word lol) onto BCW.

So if i owed any cash it wou;ld have been to Burtons ? Is that who to SAR or would i SAR BCW seeing as they are the Only people to write to me about this account.

With regard to all the above it still seems to be an aplication form and not a CCA with all the prescribed terms. So its a bit like being at a crossroads at the moment. I just dont know who to attack 1st lol. Thanks again for all your help/support.

[Hopeful1]

I'm guessing the card would be provided by a company such as MBNA or Capital One. I doubt it was directly from Burtons, but i may be wrong!! I'm going to send Curly Ben a PM with your thread link and see if he can help later.

 

 

Unless anyone else can chip in????

[Curlyben]

Sorry been a little busy.

DON'T bother with a S.A.R - (Subject Access Request) to a DCA as they are likely to ignore it AND take the fee anyway.

Right STOP mucking about and get a SAR into GE Money for the charges on this account.

I'm willing to bet that these will amount to MORE than the outstanding balance.

 

Now BCW will moan and demand money, but when they do simply write back and inform them that the amount of this account is in dispute with the original creditor due to unlawful charges.

 

The SAR to GE needs to go to:

 

Sarah Wainwright

Data Protection Administratror

GE Money

Trent House

Toll Road

Leeds

LS99 2BD

Quoting your Burton card number and enclosing a £10 payment.

[Diddy]

Ok I will SAR GE capital at the address you have supplied. Thanks for the help and the info.

[Curlyben]

No worries.

Once you get the information back give me a shout and I'll help with the claim.

[Hopeful1]

Thanks CB. Now we're cooking on gas

[babybear39]

BCW passed back to Thames as soon as I reported them to TS after they committed a summary criminal offfence with non-comp. of CCA request.

 

They are still trying to collect on cancelled D/D's though, the last time being 1st August, well after they comitted the offence and after passing back to Thames:|

 

Strange that

 

Wonder what they'll have to say to TS

[owenothing]

I have just had similar letters from bcw about a storecard from 2000. What letters do I need to send?

Why did no one contact me before?

What do I have to do to get rid of these people?

 

I doubt if I actually owe them anything at all but they want over £600!

[ODC]

I have just had similar letters from bcw about a storecard from 2000. What letters do I need to send?

Why did no one contact me before?

What do I have to do to get rid of these people?

 

I doubt if I actually owe them anything at all but they want over £600!

yOU MAY ACTUALLY FIND THAT IF IN FACT THERE IS A DEBT IT IS NOW STATUTE BARRED. a REGULAR PLOY OF BCW

[Diddy]

Hi there people. I have to say 1st of all thanks for all the help that i have received. With that said I have been through a pretty rough couple of months - where all this stuff has unfortunately HAD to take a back seat. It's all pretty personal stuff though so I will leave it at that.

Back to the topic in hand Re - BCW and the above account. IThings have moved on in the last couple of months So i will post below the letters i have received in the order that i have received them. Can anyone tell me where to go from here please -

1st Reply stating charges that have been applied to my account