Buchanan, Clark and Wells contact request.

Loafer · 4 June 2008 at 11:55AM

Hi all..

I have had a few letters previously from Activ Kapital over a year ago, to which I sent them a templated letter quoting the Statute of Limitations (debt is WAY over 6years old)

Now BCW are sending me letters regarding seemingly the same debt.

I have sent them a request for the original credit agreement as I am unsure if this is the same debt and have recieved the following letter:

"Dear sir/madam,

I write with regard to your recent communication concerning the above account.

I an hereby conform your query has been duly recorded on our system file, however we now have a response from our client and would request that you contact us on 0871 700 1547 to discuss the latter further.

Your account has been delayed for ten days to enable you to respond to this letter.

yours faithully,

David Smith"

I understand that I am not obliged to communicate with them via the telephone but was wondering how to word a letter back to them. I am scared that i will inadvertently acknowledge the debt through incorrect wording!

Are there any templates out there that people know of.

Help appreciated!:beer:

GeorgeUK · 4 June 2008 at 12:08PM

If you believe this debt is statute barred, then send the statute barred letter saying so. This looks like a fishing letter to me and I wouldn't volunteer any information to them - especially my phone number. The fact that they want you to contact them does not alter the fact that they are on the clock with regards the CCA request. I would ignore this letter, but you may want to send the statute barred letter. I would wait for the 12+2 days.

Loafer · 4 June 2008 at 12:14PM

Hi.. excuse my ignorance but what is 12+2?
Is that the set time they have to get my CCA details?

GeorgeUK · 4 June 2008 at 12:36PM

When you sent the CCA request (with £1 payment to make it legal) they have 12 working days to reply (2 days added for postage).

If they haven't provided the CCA after this time then the debt is unenforcable - without going to court. If you were making payments to them, then at this time you could stop making payments. If they are still chasing you for the debt 30 days after this then they have committed a criminal offence.

malestrom07 · 4 June 2008 at 12:39PM

On the face of it - the debt is statute barred. I'd put any further letters in the bin, I wouldn't waste time on BCW.....

Loafer · 4 June 2008 at 1:41PM

Thanks for the advice guys! :T

I must confess that i was mistaken in my original post, however.

The last letter I sent to BCW was in fact the statute barred one - quoting the Limitation Act 1980 (template from here or another site).

I dont want to just ignore the letters as my parents live at the same address and if they open one by mistake, it would cause them undue worry, being old an all.

I am going to send EXACTLY the same letter again to see what happens.
Good idea or not do you think??

fermi · 4 June 2008 at 1:48PM

If you are sure it is Statute Barred, then you could send them something on the lines of this.

Did the trick with Lowells in another thread.;)

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

On xx/xx/2008 I wrote to <name of DCA> regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:
1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
Therefore it is clear that your original contact regarding this debt was in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your second letter is in direct breach of Office of Fair Trading Guideline referred to in item (4) and constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has recently stated that:
The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.
Therefore I wish to formally notify you that unless I receive confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:
"trading style" of the <name of DCA>.

constituent member of the <name of DCA>.

a third party acting on your behalf

a third party that claims to have been legally assigned this alleged debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

Loafer · 4 June 2008 at 1:54PM

why can i only thank you once on this!!

Thats awesome Fermi!!

I am copying, pasting and amending it now!!

fermi · 4 June 2008 at 1:59PM

The thread that came from is here if you want to read it:

lowells trying to collect an over 6 year debt

Buchanan, Clark and Wells contact request.

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