BCW - Again

[murbay]

Hi guys

 

I have read several of your threads against BCW and I'm after some advice really on how to proceed.

 

A couple of weeks ago I recieved a letter from BCW trying to recover over £1000 for a debt to TSB. I did have this debt back in 2004 but I also paid it (I have the original letter about the debt and I have the bank statement to prove it was paid 4 days later)

 

Because I knew for sure this debt had been paid I contacted BCW to tell them but was met with some hostility by what they claim to be a customer services department. I told them this was a debt cleared 3 years ago and I suggested they go back to TSB because they are trying to claim for a debt I have proof was paid. Having read some of the threads on this site with regards sending them proof I explained I was prepared to clear this up by providing evidence but I wasn't prepared to send it to them because I wanted to do this legally.

 

Since then I have had 4 conversations with them on the phone with each one being ruder than the last. When I complained to one member of staff about the attitude of the customer services department he gave me quite a bit of abuse about "Dont I dare speak badly about any of his colleagues and that they will screw me over in court" before hanging up on me.

 

On my final call the woman told me how I wouldn't get the chance to defend myself in court and that all they will do is have their solictior go to court and I will be charged £50 for each letter they send me. I gave as good as I got and she told me all calls were recorded then hung up.

 

I have since rung them and asked for transcripts of all the calls they and I have made because I shall be taking this through a solicitor. They then told me they don't record calls so are unable to provide me transcripts.

 

Since then I have now recieved a final notice, threatening interest and costs for a debt I have the proof of paying. I don't want to provide them with my proof for reasons others have explained on this site but I do want to clear this up and have them out of my life for good.

 

Is there any way I can go around this which isn't going to be costly to myself since technically I shouldnt be having to pay anything to clear my name for a debt I don't even have?

 

Also I did notice something interesting on the letters they have been sending through. The address is in Scotland but under the registration numer it says "Registered in England and Wales" surely by trading in Scotland they are in breach of this registration.

 

Any help on this would be much appreciated because it is now begining to cause me sleepless nights.

[Curlyben]

Here's a letter you can use to cover this.

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXXXXXX

Further to my recent telephone conversations with your agents I enclose recent communications in relation to this account.

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as you can clearly see it has been repaid to the original creditor since DATE.

 

My last letter from LTSB was DATE and intimated that my indebtedness has been cleared.

 

As you are aware The OFT Collection Guidelines would view this kind of activity as Deceptive and unfair.

 

Section 2.8i. failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

 

 

Now I would respectfully suggest that this account is returned to the original creditor for resolution of these issues, as BCW cannot lawfully pursue any enforcement activities.

 

If BCW chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service, HM Treasury Financial Crime Branch and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[conar686]

Another good letter CB

 

You could also add a para on any action they may take and a closing para putting them in a time box for a reply i.e.

 

Should you nevertheless choose to initiate legal proceedings against me, I will expect to receive, with any Letter before Action, a copy of the documents that you will be relying upon as proof including a properly executed agreement, complying in all respects with the form and content requirements of the CCA was signed by myself in respect of this alleged debt.

 

If I do not receive a satisfactory written response from you within the next 14 days I will have no alternative but to report your conduct to the various authorities and organisations which are meant to police your conduct

[murbay]

Thank you very much for your resonses to my query, they were very much apprecitated.

 

Further to this and on advice of a solictor I contacted TSB directly yesterday to query this with them also which turned up some very interesting information. TSB do not hold an account for me on thier system and cannot work out where this debt has come from as matters were resoved with them immediately in 2004.

 

I have an appointment to speak to one of their advisors next week and present my proof directly to the bank. I shall still be following this up with BCW and I have already printed out a copy of curlybens letter with the extended paragraphs from conar and will be posting that out recorded delivery tomorrow.

 

I shall not explain to BCW about my meeting with the bank though I shall be asking the bank for written confirmation that they do not have any debt on their sytem and that everything was resolved in 2004. That way if BCW do continue to harrass me they will be in further breach of the guidelines and I will have solid grounds in which to persue legal action against them. Hopefully sticking it to them for all the stress they have caused not only me but everybody else on this site that has had the unfortunate pleasure of having to deal with them.

 

One interesting fact the solicitor explained to me yesterday was that if for some strange reason TSB had kept my account open and these were fresh debts, the bank would have to explain why the bank made no efforts to contact me since 2004. I haven't moved house though as I said previously the bank has no record of an account for me on their system. This information may help others out there who may find themselves in a similar situation.

 

I am still confused as to how their registration is for England and Wales yet they can operate out of Scotland. Is this legal?