Buchanan Clark & Wells

[teaboy2]

Re: Buchanan Clark & Wells

B.C.W.

Hmmmm....what do the initials stand for?

I could tell you but i bet it would be censored out lol

[dogtired]

Re: Buchanan Clark & Wells

Are these the same as the "in house" for Hbos?

[Anon E Muss]

Re: Buchanan Clark & Wells

The original creditor is Provident and the original solicitors were Edrupts who are the Provident in-house solicitors. Me thinks that Provident have sold this debt but cant be sure. I have sent then a "Prove It" letter but as yet no response

[CleverClogs]

Re: Buchanan Clark & Wells

Sharpe Lars

IRTA "Sharpe Liars".

[Anon E Muss]

Re: Buchanan Clark & Wells

Well, I have a reply from this cowboy company with reference to my request.

All they have sent is a poor copy of the contract, and that has not come direct from them, they probably had to request it from the original creditor, that I signed. No Letter/Authority of Assignment, no statement and all in a plain envelope.

There is still no indication of them being Debt Collector or a Solicitor. Do I wait for the 40 days then hammer them or ...

Any advice would be appreciated.

Many thanks again to all who have helped to date

[Anon E Muss]

Re: Buchanan Clark & Wells

I really can not believe this sic company. A request that everything MUST be in writing, a request for the original LOA, a request for a statement and they still have not provided the documents and they still cannot get the picture about telephone calls

4 Telephone calls, 4 x told they must put it in writing.

Could they be deaf, or perhaps blind and not read my letter
Maybe they are just plain stupid and think they can do what they want
Could be that they are completely ignorant
It could be that they want to take the p155 out of the OFT

Maybe it is time to report them to the OFT and anyone else that may wish to take it on. I have had enough of this joke company. I want to pay the debt but not to these. The OC will not take it back either which somehow makes me think they have also sold it to this joke set of idiots

[teaboy2]

Re: Buchanan Clark & Wells

Was it a loan or card agreement and did you request the CCA, if so they in default of your CCA request if they have not send you one withng 12+2 days of the date of your request and as such are not entitled to enfoce the debt and are in breach of OFT guidlines (if i remember correctly) for chasing you for it whilst in default.

[CleverClogs]

Re: Buchanan Clark & Wells

Was it a loan or card agreement and did you request the CCA, if so they in default of your CCA request if they have not send you one withng 12+2 days of the date of your request and as such are not entitled to enfoce the debt and are in breach of OFT guidlines (if i remember correctly) for chasing you for it whilst in default.

Perhaps that explains the absolute (?) assignment to BCW?

[CleverClogs]

Re: Buchanan Clark & Wells

B.C.W.

Hmmmm....what do the initials stand for?

I could tell you but i bet it would be censored out lol

Does the "W" imply that they are onanists?

[Anon E Muss]

Re: Buchanan Clark & Wells

Hi all and thanks for your support.

I have just received thier next reply to my second disputed letter

20110805 BCW Third Threat

And I have replied with the letter

BCW CCA 3rd Dispute Request

And yes, they are now well outside of the 12+2 days so I now assume that they are in default. Do I tell them or wait until they take it into the courts

[teaboy2]

Re: Buchanan Clark & Wells

Send them the letter below but do not sign it just print your name as usually.

Account In Dispute

Dear Sir/Madam

Thank you for your letter of (date), the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On (date) I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.


You have failed to comply with my request, and as such the account entered default on (date), (12+2 working days AFTER the CCA request was sent)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.
Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours

Note that they are allowed to send a reconsituted version of the agreement, but they will need a true copy of the excuted agreement in court

[CleverClogs]

Re: Buchanan Clark & Wells

Hi all and thanks for your support.

I have just received thier next reply to my second disputed letter

20110805 BCW Third Threat

And I have replied with the letter

BCW CCA 3rd Dispute Request

And yes, they are now well outside of the 12+2 days so I now assume that they are in default. Do I tell them or wait until they take it into the courts

Yes, you should tell them that, as they have failed to comply with the CCA request, the account remains unenforceable until they do comply.

You should also contact Consumer Direct - 0845 4 04 05 06 - to tell them that, by asking for payment by credit card, BCW has broken the OFT Guidelines for debt collection.

(Yes, I know that is not mentioned on the front of the letter but, owing to the cheap paper on which it was printed, the scanning technique used and my ability to read back-to-front writing, it was clearly legible.)

[alsagerman]

Re: Buchanan Clark & Wells

More huff and puff then? Their normal threats "documents can now be prepared" & "may be issued". If they thought they could get a result they would by now have done it. They will try to bully you into accepting their threats. What does it cost them to send you a letter? Almost nothing.

For the record, I understand when you send them a letter that you have the urge to put your heart and soul into it. Resist the urge; they're not interested and only serves to make them think they're getting somwhere. Keep all letters short and to the point. Stick to facts i.e. Time limits, statute barred, non-compliance, NO TELEPHONE CALLS ACCEPTED etc etc. Put these in bullet points if thats easier. If you must send another letter simply inform them that unless and untill they comply with your lawfull requests that no further communication will be entered into.

[Anon E Muss]

Re: Buchanan Clark & Wells

Well, I sent that big letter by Teaboy2 and all I got was "We will make a call on you in the next few days". I requested thier complaints procedure but all they wanted from me was my name, telephone number (which they have anyway), email address and employer. 5 times I had to email them but finally got it.

They continue to call on the telephone. I have today sent them this letter

BCW House
24 George Square
Glasgow G2 1EG
Dated: 18th August 2011

Dear Sir/Madam

ACCOUNT NUMBER:
YOUR REF:

Please take note that as you cannot read or write I am now making an “official complaint” using your complaint procedures.

My first letter to THIS office was to request NO telephone calls, I revoked your right to call on me, no email and ONLY written correspondence but some clown in Bristol thinks it is funny to keep dialling my number

Dates:
28th June 2011 12:26
22nd July 2011 11:38
28th July 2011 16:01
01st August 2011 11:38
03rd August 2011 15:24
09th August 2011 15:20
11th August 2011 10:18
18th August 2011 15:15

All these calls are recorded from the telephone number 0117 335 0973 which according to the Wiltshire Constabulary belongs to your Bristol Office and for whom I have instructed to commence legal proceedings for Harassment under the Protection from Harassment Act 1997

All these dates have been recorded on my Identifier and all calls that I have taken by accident have been recorded for further reference.

In the course of my previous requests you havestill not complied with my CCA request and therefore you are not in a position to take any further action until my legal representative or myself are satisfied with your compliance. It has been brought to my attention that in fact you may be in breach of the Data Protection Act and this is being persued by my legal team.

It is not for your client to comply it is YOU who needs to comply. I have now requested this information THREE times and this will now be handled by the Trading Standards Office and OFT. I have also been approaching the media so that everyone can see how such a company can IGNORE the CCA. It is more than possible that the OFT will refute your license (oh, one moment, you don’t have one)

Also note that I will no longer be a resident within the United Kingdom as from Tuesday 23rd August 2011 so you may as well stop wasting your time

Yours faithfully

Anon E Muss

[CleverClogs]

Re: Buchanan Clark & Wells

Here is their licence details......not much help there I'm afraid........but you can ask them for the Master deed of Assignment for the debt they are chasing you for

Trading Name(s) (Current):

APS Assisted Probate Services

IRTA "Assisted Prostate Services"