BCA Book Collectors Editions No Idea!

NorthernLas

There is a thread on the consumer action group about BCA. They are the same company as BFC.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/55533-book-company-posing-dca.html

It seems like they have sent out unsolicited 'free' books and follow up with a set if you don't tell them you don't want them. As you did not want the 'free' books nor receive the others, then write and tell them. I would have thought you have cause to not pay any more and could request refund of what you have paid in error.

climbintheladderouttadebt

:beer: Cheers NorthernLas, and DarkConvict!

Will get onto the letter and email tomorrow and straight into the post if I can do it before midday

Ahhh everything finally seems much brighter now!:T

climbintheladderouttadebt

Letter I am sending to BCA (been up since 6.45am composing this!)

Dear Sirs,

I am writing to yourself as I do not know whom else to turn to. I am also sending a copy of this email to BCA Customer Services, via registered post, but I hope you will please take the time to look into this matter for me. I have recently been trying to ascertain why I have been paying £4.99 (sometimes £7.99) a month for over a year now, with an apparent outstanding balance of £54.89.

On 21 April 2010, I wrote to BCA to request the following: a signed CCA agreement between myself and BCA regarding the alleged account plus a statement of account. I paid £1 by postal order, serial number 1052922277, but have not received the data I have requested. My £1 postal order has not been used to send me my requested documents, nor was it returned to me or even credited to my 'balance'.

Upon receipt of my first letter, BCA customer services wrote on 18 May, to tell me I owed them money for 'The Disney Play and Learn Collection'. The apparent cost totals £144.71. Personally, I believe this is a lot of money for 30 books and certainly not something I would ever sign up for or agree to purchase. Please note that at the time payments commenced, I was in financial difficulty, and only paid BCA believing I was paying for books that were actually ordered and received, and from another department/club within BCA.

I wrote back to BCA on 31 May, to state that the account was in dispute, as I had no proof or understanding of what the demands for payment related to. As mentioned in the letter, the documents I requested should be readily available as proof of BCA's legal right to collect the account under the Consumer Credit Act 1974. I then declared that, until proof be shown to me that I owe this money, BCA have no legal right to enforce the alleged agreement.

However, on 15 June, BCA sent out a demand for payment. My reply on 23 June informed BCA that on 2 June 2010, this account became unenforceable at law and no further payments would be made by myself. As is my right, I requested all payments made to BCA for this account to be refunded in full, including interest of 8% per annum. As BCA seem unable/unwilling to put together a statement of account, I have taken the trouble to trace all my payments made to BCA. I have included a schedule of payments for convenience.

I also requested compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. After a full refund of all payments with interest and compensation are received by myself, BCA will be required under Sections 10 and 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within the company and any other company within the group.

A letterheaded paper from BCA, dated 17 June 2010, was sent to me with 2 square boxes with 'x's inside, from Customer Services. I assume this is the 'terms and conditions' that is referred to in the letter dated 1 July 2010. May I point out, that terms and conditions do not prove in any way that I ever wanted or received any books from BCA. Furthermore, this letter refers to the 'Disney Winnie the Pooh Collection' and not 'The Disney Play and Learn Collection', thus suggesting to me that BCA Customer Services do not quite know themselves what I am being charged for!

I understand that I should have received 28 or 30 Winnie The Pooh books in 2008/2009. Whilst this may be the case, I can assure you that I have never received any Winnie The Pooh books. I never ordered any books from BCA. Anything they may have sent has been totally unsolicited and unwarranted.

Sadly in 2008 I suffered a severe bout of illness relating to my mental health. At the time, I was paying bills for other book clubs and assumed BCA to be one of the companies I had ordered from. I now know this is not the case. I have brought my daughter up alone for nearly 3 years now, struggling to get by on benefits, and I am currently 7 months pregnant with my second child. The stress and worry caused by BCA's unwillingness to help resolve this matter is making me ill at a time when life should be pleasant and calm.

BCA have apparently sent out unsolicited 'free' books and followed up with a set I didn't want. As I did not want nor receive the 'free' books or the others, I do not deem BCA's attempts to collect payment from me as lawful. I would like to point out legislation in the form of the Unsolicited Goods and Services Act 1971, (as amended), which states 'it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf. Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.'

I reiterate, if BCA do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force BCA to comply with the refund of all monies paid, and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter on to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

The total due to myself is £112.63, plus £1 for my postal order. I look forward to receiving said remittance, with an offer of compensation that BCA would like to put forward, in due course. I am completely dissatisfied with BCA's conduct and seemingly unlawful processing of my data. This matter will not go away if ignored.

Faithfully,

me, signed digitally!

DarkConvict

Paragraph 4 is likely to be Consumer Credit Act 2006 not 1974, as all agreements after april 2007 are CCA 2006. Although if you never signed anything as they were just sent out it probably doesn't exist anyway.

Paragraph 5, " I requested all payments made to BCA for this account to be refunded in full, including interest of 8% per annum" - Unenforceable does not mean you get a refund, it only means it cannot be enforced in court by a CCJ/CO etc. You need to specifiy you want a refund as you paid for unsolicistered goods, however it maybe that it cannot be reclaimed because you made payments rather than just saying no, im unsure about the law in this area.
As to the 8% APR interest, the 8% is actually the interest (statutory interest) set if you take out a CCJ against them not just requesting a refund, and it is not an APR it is just 8% of the balance been claimed.

Before sending it I would give your local trading standards a call (i.e. consumer direct) as they may have useful information to add.

climbintheladderouttadebt

Cheers DarkConvict! :beer:

Shall get amending and calling, will post an update in due course!

climbintheladderouttadebt

Well,

I sent off the amended version of the letter in an email to the bigwigs at BCA. Hadn't even managed to get the letter out in the post yet! Since yesterday, I have had a very helpful lady look into the situation for me. She can see that I had a few accounts within the BCA group and how confusing it must have been. Also that being 7 months pregnant at the mo, the situation is a bit stressful and needed rectifying asap.

I have had a lovely email this afternoon, which promises to clear the account and refund everything I had paid for the books I didn't receive.
This is great news! :j

And now I aim to stay away from virtually all forms of shopping so as not to get confused and/or fall into another pit of debt and confusion.

Thank you guys for posting your advice on here. Without it I would have struggled to have done this so quickly and feel such a sense of relief! :T

Ames

Brilliant result, it must be such a weight off your mind.

climbintheladderouttadebt

It certainly is. Now I can move onto deling with Capital One & Lloyds for making mistakes on my accounts in previous years!