Letter from Buchanan, Clarke and Wells

[monday blues]

Good afternoon all,

 

Found your forum having recieved a letter from the above people this morning (having googled this company).

 

They claim that they are acting on behalf of Thames credit for an overdue debt, associated with Barclaycard and have issued a formal demand ( and will not hesitate to commence legal proceeding if I don't pay).

 

I have to admit I'm quite amazed as I haven't had a card with them since early 1999, and I have no recolection of any debt outstanding, and upto this point never been pursued or heard from anyone about this.

 

I hope someone can help as I'm not sure what to do next.

 

Your Sincerely

 

Monday blues

[rory32]

Send them the statute barred letter here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M.

[monday blues]

Rory,

 

Thank you very much for your advice.

 

Monday blues

[monday blues]

As stated I took your advice last monday and sent them the letter from the templates, recorded delivery.

 

This morning, I have recieved a final demand notice, stating that they are starting legal proceedings, (seriously worried now).

 

Could this be a cross over in their mailing, or have they just ignored my letter?

 

Having read alot more on the forums I see that this company is not exactly the most helpful, but I'm not sure what to do next.

 

Any advice would be most grateful.

[Curlyben]

Sounds like they have ignored your letter.

My advice would be to get all of your paperwork together and give Trading Standards a call.

I have found them excellent to work with and very helpful.

 

Bear in mind that when dealing with TS be professional and curtious and you will get a better response to your issue.

Going off the deep end and ranting and raving will get you no where fast.

[monday blues]

Thanks for the responce,

 

The problem is that I don't have any paperwork on the subject, (only the letter that they sent last week), until then, I wasn't aware that I owed any money. I haven't had a barclaycard since '99, or any credit card since.

 

I'm not ranting and raving at them, just very worried in myself about this problem - and just want to get it resolved, for peace of mind.

 

Monday Blues

[Curlyben]

That's not a problem at all.

Give TS a call and explain exactly whats happening.

They'll be able to offer further assistance.

[Docman]

Hi Monday

Some folks find their local TS can be helpful, others find TS almost rude. Its pot luck I think.

As regards your issue with BCW, I'd reply enclosing a copy of your last (Statute barred) letter and send it by recorded delivery. If you are sure you haven't had anything in the last 6 years, just ignore any more demands. BCW will probably write a few more times but if the debt is over 6 years old, there is nothing they can do unless you acknowledge you owe the debt. DON'T.

You might check your credit file with Experian or Equifax. Anything over 6 years old should have been removed from your credit file by now. If there is nothing for whomever BCW claim they are acting, ignore the lot.

[monday blues]

Curlyben and Docman,

 

Thanks for your advice, I contacted CAB, they told me to send another letter recorded delivery.

 

They also echoed the reponse you gave me, and also the info I have read on the forum. Hoping that I am unaware of the 6 year rule, and will just cough up the money.

 

I have ordered my credit report from both Equifax and Experian, but they doubt that it will show anything.

 

Thanks once again

 

Mondayblues

[speedy016]

Hi monday blues

 

Please don't stress and worry over this, BCW surfaced recently chasing my hubby for a VERY OLD debt. I got great advice on here and sent the statute barred letter, also had a run in with some solicitors they got on the case. Today I received confirmation that they cannot chase my hubby anymore cos the debt is statute barred :grin:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/96986-buchanan-clark-wells-urgent.html

 

Check out my thread see if it helps and if you are certain the debt is that old, as I was, stick to your guns and they WILL go away.

 

I am of the opinion now that they just try it on, hoping that we don't know our rights and the law, thanks to the great people on here we are learning to fight back.

 

Good luck

Speedy

[monday blues]

Just got back from a business trip to find a reply from BCW.

 

"thank you for your recent letter.

 

I can confirm that we have passed the contents on to our clients (Thames credit) and have closed our file in this matter."

 

Does this mean its now over? Or will I be getting letters from other DCA's?

 

If it is over, I would like to thank everyone who has helped me, and offered advice.

 

Monday blues

[monday blues]

Speedy,

 

Sorry for not replying sooner, Thank you for the support. Your thread was extremely intresting to read, I am glad you have got it all resolved.

 

Hopefully BCW is now off my back as well.

 

Yours Sincerely

 

Monday Blues

[rory32]

Monday,

I would just check my credit file to make sure there is nothing on there regarding this account.

[monday blues]

Good afternoon all,

 

Hang my head in shame, haven't been on here in a while. Thought I was rid of the dca's. (No such luck)

 

This morning got not 1, but 2 letters from Thames credit for this alleged debt, one letter being dated the 5 October .

Guess BCW have just passed it back, likely forgetting to tell Thames credit that I sent (BCW) them a Stat barred letter.

 

Question is should I just do the same again to Thames and see where it leads?

 

(Intresting to see that this so called debt has risen by £44 intrest in just under 4 months whilst being bounced back - talk about crooked)

[Curlyben]

Yeah why not.

Might as well ram the point home.

[ODC]

Thames do not seem to be capable of grasping the concept of the Limitation Act. They will respond that it does not apply to them as they have registered a default against you this year.

 

Total Hogwash of course but that seems to be their stndard response.

[monday blues]

Thanks Curlyben and ODC, will send off tomorrow.

 

Will have to read up on the limitations act, not sure what that is exactly.

 

If they registered a default they must have done that after the middle of August, as nothing was showing in either credit report (Equifax or Experian) up to that point.

 

Might it be wise to include a copy of BCW's letter stating that they have closed their file, or mentioning it in the stat barred letter?

[ODC]

Basically a debt becomes Statute Barred if no payment is made or written acknowledgement for 6 years. Once a debt becomes Statute Barred it is unenforcable. Nothing can un Statute Bar a debt despite the weasley words of the DCAs. The 6 yrs starts from the date of the last payment or witten acknowledgement. Of course if you live in Scotland the time period is only 5 yrs. Just send them the template letter Rory mentioned above and await their response.

 

Dont bother sending them the BCW letter.

[ODC]

Here is the actual advice from the government web page

 

IHTM28384 - Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
  
• in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

[monday blues]

Thank for doing my homework for me ODC, much appriciated:)

[ODC]

Thank for doing my homework for me ODC, much appriciated:)

 

No worries. Its all on the site

 

http://www.consumeractiongroup.co.uk/forum/statutes-library/415-limitation-act-1980-a.html

[monday blues]

Seems thames credit have a printer and postage problem. And now to top off they have run out of white paper, they've gone green, maybe thats what they thought people mean't about being enviromental:D

 

Nice start to the page, "We are sure that you are not simply choosing to ignoring our letters" (Would I do that??)

 

Oh, well they should have a pleasant suprise from me tomorrow.

[ODC]

Must be a new DCA tactic. MBNA going all pinkl and now THAMES going green

[monday blues]

Recieved nice letter from Thames this am

 

We write further to your correspondance regarding referenced account.

 

We have decided not to pursue this matter any further and the account has been deleted from our database.

 

There will be no further corredpondance from us with regard to this matter.

 

Just hope now this is the end of the matter , and the debt does't get sold on to someone else.

 

Thanks Curlyben and ODC, tipped your scales again for all you help.

[Curlyben]

Result.