Buchanan Clark & Wells

[jayne-tracey]

Re: Buchanan Clark & Wells

thanks for the reply to my message, i got a copy of my credit report from experian and nothing has showed up, but yet i have still been refused credit.

BCW have managed to find my new address - where do they get their info from, but they have failed to note that i have changed my surname.

[charitynjw]

Re: Buchanan Clark & Wells

thanks for the reply to my message, i got a copy of my credit report from experian and nothing has showed up, but yet i have still been refused credit.

BCW have managed to find my new address - where do they get their info from, but they have failed to note that i have changed my surname.

Probably Nhunter or the like

http://www.nhunter.co.uk/how.html

Btw, Hi, jayne-tracey & berniel.

[berniel]

Re: Buchanan Clark & Wells

http://www.bbc.co.uk/news/business-11819036

I think perhaps a chat with your local trading standards with a view to a complaint to the OFT may be in order.
Bernie

[charitynjw]

Re: Buchanan Clark & Wells

thanks for the reply to my message, i got a copy of my credit report from experian and nothing has showed up, but yet i have still been refused credit.

BCW have managed to find my new address - where do they get their info from, but they have failed to note that i have changed my surname.

I believe you have the right, when credit is refused, to be given the reason for refusal.

http://www.ico.gov.uk/for_the_public...es/credit.aspx

[berniel]

Re: Buchanan Clark & Wells

I believe you have the right, when credit is refused, to be given the reason for refusal.

http://www.ico.gov.uk/for_the_public...es/credit.aspx

HI Charitynjw

Yes they do have to give a reason, unfortunately that usually just consists of, "due to your credit report" and then the address of one of the agencies.

The decision to refuse credit can be because for many reasons other than records of defaults and CCJs of course, sometimes the lack of any previous credit record can be enough, or there may be a linked address that is giving problems, my advice would be to go on line and access the full report, they say it is free, they take your card details and bill you in a month if you dont cancel.

Bernie

[CleverClogs]

Re: Buchanan Clark & Wells

Non-compliance with my request is a criminal offence under the above Act

After the debt farming "industry" got the law changed, it is no longer an offence.

Mackenzie hall then wrote back to me saying that they would go back to their client to ask for this info and said that they had 40 days in which to reply,

Nonsense - they had 12+2 days to reply.

The 40 day limit applies to Subject Access Requests made under the Data Protection Act 1998 and historically to the waters of Noah's Flood.

The numpties at MacKenzie Hall have not been noted for knowing the difference between their gluteus maximus and the distal end of their humerus.

obviously they did not, now they have past the debt on BCW who are now chasing the same debt, can Aktiv Kapital send this debt onto another agency if they have failed to supply me with the info i asked for 2 years ago.

Yes, they can.

If you could sell your crap, would you really just flush it away?

what i need to know is are they breaking the law by doing this.

Certainly not the Consumer Credit Act 1974.

[alsagerman]

Re: Buchanan Clark & Wells

hi just received a letter from BCW chasing a debt for Aktiv Kapital, i do not owe monies to either of these companies, but did receive a letter from another debt collection agency 2 years ago mackenzie hall who were also acting for Aktiv Kapital whom i sent a letter to - see below,

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 a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

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.

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.

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.
---------------------------------------------


Mackenzie hall then wrote back to me saying that they would go back to their client to ask for this info and said that they had 40 days in which to reply, obviously they did not, now they have past the debt on BCW who are now chasing the same debt, can Aktiv Kapital send this debt onto another agency if they have failed to supply me with the info i asked for 2 years ago.

what i need to know is are they breaking the law by doing this.

You may have noticed my posts re: actions taken by Aktiv Kapital in pursuit of a non existant debt. They used three other DCA as their agents. After many letters etc to these companies i issued a formal complaint to AK. They "investigated" their actions and found themselves to be innocent.

I now have a complaint going through the FOS, i recommend you do the same. You will need to obtain AK's "Final Response" letter before the FOS will accept your complaint. Also lodge a complaint with your local trading standards dept and the OFT. The more complaints actioned against this company the better; it's the only way we'll ever get them to comply with the laws of the land.

Do not simply do nothing, they will only keep coming after you until you turn round and deliver a swift kick where it hurts

[Anon E Muss]

Re: Buchanan Clark & Wells

Hi and thanks for the advice alsagerman.

But due to BCW ignorance/stupidity it is now in the hands of the police and my solicitors. BCW are trying to squirm out of any wrong doing and have passed the account back to Provident who themselves will find in a bit of a dodgy problem with a "Breach of Confidentiallity" writ along with the problems that thier "agents" BCW have caused them.

When I get my teeth into something I do not let go until I win.

[alsagerman]

Re: Buchanan Clark & Wells

Hi Anon.

Thanks for your update and please keep us all informed of progress. My previous post was actually directed towards "Jayne-tracey" who posted about her problems with Mh & BC&W's. Both DCA used by AK. You would have thought that, by now, the OFT had enough evidence of AK's wrong doing that they should have a nice big fine imposed on them. It seems to be one rule for them and another for all their victims.