Buchanan,Clark and Wells

Baggiestan

Hello
Just trying to put mind at rest,we started a DMP with CCCS 2 months ago,over £20,000.00 debt with 5 companies most of which have been understanding,one company in particular - Post Office(Bank of Ireland) are being what i feel very unhelpful considering we are trying to deal with our problem.Yesterday we received a letter from them threatening legal action if we do not repay debt in full (£5457.13) and return credit cards to them,the credit cards were destroyed over 2 months ago so cannot be returned.This morning we received a letter from Buchanan,Clark and Wells threatining legal action against us stating the the Post Office have told them that they are unaware of any legitimate reason for non- payment.The Post office have been made aware by us and the CCCS of our situation.Sorry if this goes on a bit but feeling really fed up considering we are trying to do the right thing and not hiding from it.:(

bottleofred

Hi Baggiestan,

Some companies you owe money to will be easier to deal with than others. Continue to make your payments to the companies through the DMP and hopefully things will settle down. Are you sure the cccs are sending the money to the Post Office and they simply have not been overlooked? The threat of court action is one I got an awful lot when I commenced my DMP, but nobody ever took me to court. Some creditors are taking debtors to court now, but if you are making the payments regularly, I see no point in why they should do this. You should speak to the cccs on Monday though.

Good luck and I hope things settle down soon

Red

Mandamoo_3

Hi there

I am very new here but when I went on to my DMP I got letters and phone calls daily from one of the lenders (Lloydstsb:mad:) I just continued to pay CCCS and a year down the line I no longer get any letters/phonecalls at all from them Good advice about checking that the Post Office havent been overlooked. Can you check your DMP account online? You should have the facility to check whats being paid and to whom.

I found the first couple of months of my DMP a bit "up in the air" but now I think it was the most decision I have ever made

Good Luck Mmoo

Baggiestan

Thank you both for your advice,i have checked online with CCCS and the Post Office have been sent 2 payments so far,i will speak the CCCS on monday to inform them of the letter i received this morning.The Post Office:mad: did send me a letter a few weeks ago rejecting our offer so i assume this is their way of dealing with it.Just wondering if anyone else out there has had dealings with BC and W and what are they like to deal with.:(

Hannah_10

BCW are capable of being just as antagonistic as anyone else or of being just as concillitory. The thing is once you've been round this block a couple of times it doesn't even matter how antagonistic they are because all letters are filed in the drawer, all phone calls are answered "I will only communicate in writing" and so on until they quit. You have the upper hand here. You are under no more obligation legally to answer thier calls or letter than you would be to answer mine.

The reason DCA's try to frighten people (like by saying it's £5500 today or we drag you before a judge) is because scare is all they have. They have no more rights than any average passer by. Once you and the CCCS contacted them to say you were on a DMP they probaly though "nooooo, we'll end up expected to freeze interest now, and we'll only get back a tiny bit amonth, and then not even that if the DMP falls through... hurry boys, lets scare the pants off Baggiestan and hope we can get it back quickly". And for some people it will work. They will go cap in hand to Mum and Dad and burst into tears because they feel so pressurised and Mum and Dad will pay to save them. Or they will panic because they don't realise the difference between a DCA and a baliff and think "I'll sell the car now, as when they clamp it and tow it and auction it they'll never get the whole price". The truth is they plain can't have what you haven't got and they can't have what you HAVE got either unless you willingly give it to them.

Yes they can take you to court, but if they were that stupid the judge would give them a massive dressing down and thier consumer credit licence would be on the line. The DCA know that if a person is doing all they reasonably can be expected to that the judge is going to be distinctly unimpressed. At worst the judge might rule that you are liable to pay up and you should pay up and then do you know what... He will tell you to pay what you are already paying, because the CCCS's figures are sound. The DCA will end up with costs to go with thier stern telling off for being malicious.

So actually, court would be in your interests if you look at it like that. It would mean they had to stop quibbling the amount and accept that broke + DMP = monthly payments. End of. Being the cheeky mare that I am I would send back National Debtlines letter about wanting to be taken to court. I may even add a PS to say "bite me".

Baggiestan

Hi
Can i send BCW letters stating that i do not wish to speak to them on the telephone and stating that i will not be accepting any visits,i would prefer any dealings to put in writing only for obvious reasons.We had a call from BCW last week asking us to contact them and we have also had a number of phone calls where no messages have been left (might not be BCW),we have also received a letter from them stating that they have been instructed by the Post Office to recover the overdue debt.Do we have to wait for BCW to make a nuisance of themselves before we can send any letters asking for correspondence in writing only.

barbiedoll

You absolutely can send them a letter requesting that they do not call you any more, it can be found here.....

http://forums.moneysavingexpert.com/showpost.php?p=11571485&postcount=4


Also....this letter is good if they threaten to come round to your house to "discuss" your debt...

Company Name
Road
Town
City / County
Postcode


Account Number: XXXXXXX

Dear Sirs,

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully, (print your name, don't sign it)



Remember to send all letters by recorded delivery and to keep a copy for yourself.

All of this aggro will die down in a few months. I'm with CCCS and apart from the occasional letter enquiring if our circumstances have improved, our creditors generally leave us alone.
Well done for dealing with your debts, onwards and upwards! :T

brokeinlondon

Nope you can write to them straight away, no need to wait.

I think there's a template on here for such a letter, hopefully someone will be along soon with a link

heh barbiedoll beat me to it!

Baggiestan

Hi
Thank you both for your advice,i'm new to all of this having buried my head in the sand for far to long.The other creditors have been really good since we set up DMP with CCCS but the Post Office have been no help at all.I haven't got a problem repaying the money i owe after all it was my own stupid fault getting into this mess but i have been concerned about the phone calls and possible visits especially with having children at home.Feel a bit more positive thanks to all the helpful people on this site and there good advice.:T

PNPSUKNET

bcw dont do field visits, they are all telephone agency, however they do contract out to other companys that do