buchanan clark and wells

happy_to_be_me

I have recieved a lettter from this company who have been instructed by cabot financial europe to pay the sum of £342.51 on their behalf. last yera I recived a letter from a company called clarity who said I should ring them urgently. naturally i was curious and questioned them about the debt. I offerd a pound, but they wantred the whole amount. they were very rude and kept ringing my phone. I heard nothing until now, only different people. I have rang ccc service who told me that I had to pay, as I admited the debt. it was back in 1998, when I was a student. I have no idea where they got my address from. I did not give them any info as to who I was. :eek: I may have had the credit card but without info why should I pay it. please help me.

jamescu

BCW are a debt management company - they buy bad debts from other companies at a discount and chase the defaulters for the money. They make their profit from the difference between what they bought the debt for and what they can recover. If you've admitted to them it was your debt and they have your contact details the best thing you can do is try to negotiate with them to pay back some of the amount. If its more than they bought the debt for they'll probably be happy with that.

moonlightpjs

Hi there
I think if I were in you position I would CCA them - request a copy of your original CCA (consumer credit agreement). the letter is below. They have 12 working days plus 2 for posting to reply with a copy of the Consumer Credit Agreement. If after this time has passed and they have not supplied a CCA they are in default and you can stop making any payments to them, after another 30 days if the CCA is still not produced they will have commited an offence and you can report them to the relavant bodies. The worst that can happen is they send the account back to the original creditor who may/may not have your CCA. Without a true CCA a debt in unenforecable. Send the letter by recorded delivery so you have proof somebody signed for it and you need to send a £1 cheque/postal order to them for the CCA. At least this should get them off your back, if they send any threatening letters - ignore them as its just scare tactics but keep them as it will help you case should you report them. Be aware though that if at any time they can produce a CCA the debt then becomes enforable again but after the 12+2+30 days has passed reporting them is a good idea as they could be fined up to £2500 for chasing a debt that they haven;t got a CCA for.

Here is the letter, keep posting and let us know how you get on and if we can help further. Good luck

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date), I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.