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Please help a newbie with DCA and phone debt :(
TIMKANU
Posts: 1 Newbie
Hi there. Please help.
I received a "formal demand" letter from Buchanan Clark and Wells on 30/11/2011 saying they have been instructed to recover an overdue debt for 02 of £489.78.
Now, this phone contract was canceled in December 2010, and as far as I know I have not received anything from anyone since that time to suggest there was any debt outstanding.
So I sent BCW a letter back telling them I was unaware of any such debt being owed. I asked them to please send me a full break down of why this money is owed, before I can accept any debt. I told them I obviously wouldn't be handing any money over to some one who claims I owe money without providing me proof.
I then received a "Final Notice" letter from them on 08/01/2012 saying the debt of £489.78 is still outstanding and I quote "Since you have failed to notify us of any legitimate reason for non-payment we can only assume you do not want to settle this matter amicably"
It also says that unless payment is made immediately they will recommend to 02 that legal action is taken against me.
So, I sent them another letter asking for proof that this money is owed and a break down of exactly why it was owed, and that if this was produced i would be happy to pay any outstanding contractual obligation.
Then they have sent me a "Legal Notification" letter on 26/01/2012 stating "Despite repeated requests for payment your over due debt £489.78 remains outstanding. Accordingly, documents can now be prepared for the issue of a claim against you in your local court.
Once judgment of decree has been granted the following can take place:
(1) Your debt being increased to include legal costs and interest. (2)your name being recorded in local court records.
(3) Your credit worthiness being adversely affected.
It then goes on to say.... "if there is continuing non-payment thereafter, we may apply to the court in order that: (1) An application is made to your employer for an attachment of earnings. (2) An officer of the court can/may be instructed to seize your assets.
To avoid these actions taking place payment must be made immediately. You can pay payment hotline" etc etc.
Please can someone tell me what to send back to them. I am worried they can take me to court and increase the debt. I don't have the money to pay them i have just had 4 major operations in the past year and am currently out of work because of this, and am being supported by my parents for the time being while i recover and can go back to work.
I have sent 3 letters asking them to send me break down of why this debt it owed. They seem to just ignore them. What does that last letter they sent mean ? Does it mean they are taking me to court?
Please help me deal with these bullys, its worrying me.
Many thanks in advance for any help
EDIT: I have tried to contact 02 but they will not speak to me about it and say i must deal with bcw. They were very unhelpful and would not say anything at all.
I received a "formal demand" letter from Buchanan Clark and Wells on 30/11/2011 saying they have been instructed to recover an overdue debt for 02 of £489.78.
Now, this phone contract was canceled in December 2010, and as far as I know I have not received anything from anyone since that time to suggest there was any debt outstanding.
So I sent BCW a letter back telling them I was unaware of any such debt being owed. I asked them to please send me a full break down of why this money is owed, before I can accept any debt. I told them I obviously wouldn't be handing any money over to some one who claims I owe money without providing me proof.
I then received a "Final Notice" letter from them on 08/01/2012 saying the debt of £489.78 is still outstanding and I quote "Since you have failed to notify us of any legitimate reason for non-payment we can only assume you do not want to settle this matter amicably"
It also says that unless payment is made immediately they will recommend to 02 that legal action is taken against me.
So, I sent them another letter asking for proof that this money is owed and a break down of exactly why it was owed, and that if this was produced i would be happy to pay any outstanding contractual obligation.
Then they have sent me a "Legal Notification" letter on 26/01/2012 stating "Despite repeated requests for payment your over due debt £489.78 remains outstanding. Accordingly, documents can now be prepared for the issue of a claim against you in your local court.
Once judgment of decree has been granted the following can take place:
(1) Your debt being increased to include legal costs and interest. (2)your name being recorded in local court records.
(3) Your credit worthiness being adversely affected.
It then goes on to say.... "if there is continuing non-payment thereafter, we may apply to the court in order that: (1) An application is made to your employer for an attachment of earnings. (2) An officer of the court can/may be instructed to seize your assets.
To avoid these actions taking place payment must be made immediately. You can pay payment hotline" etc etc.
Please can someone tell me what to send back to them. I am worried they can take me to court and increase the debt. I don't have the money to pay them i have just had 4 major operations in the past year and am currently out of work because of this, and am being supported by my parents for the time being while i recover and can go back to work.
I have sent 3 letters asking them to send me break down of why this debt it owed. They seem to just ignore them. What does that last letter they sent mean ? Does it mean they are taking me to court?
Please help me deal with these bullys, its worrying me.
Many thanks in advance for any help
EDIT: I have tried to contact 02 but they will not speak to me about it and say i must deal with bcw. They were very unhelpful and would not say anything at all.
0
Comments
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I have sent 3 letters asking them to send me break down of why this debt it owed. They seem to just ignore them. What does that last letter they sent mean ? Does it mean they are taking me to court?
Not necessarily. It says "can be" NOT "we are".
Please report this scummy outfit to the OFT/TS via consumerdirect.
Ignoring your request for proof and a breakdown of the debt puts them in breach of OFT guidelines.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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