Buchanan Clark and Wells

[rizel23]

Anyone heard much about this 'company'?

They appear to have purchased or are acting on behalf of another company from an MBNA Virgin Credit Card.

The default is now over 2 years old and defective on a technicality of being short of 1 day for remedy, if you really would like a read here's an old thread;

Rizel23 Vs Virgin (MBNA)

I'm more interested really to see how far down the chain i am now!

[rizel23]

Re: Buchanan Clark and Wells

just looked at the letter, its FINAL NOTICE OMG what i'm going to do!!!!???!!!

Jokes aside it appears to be owned by;

Client: Aktiv Kapital UK Limited

Creditor; MBNA Europe (ex Varde Experto) - Virgin Money

so god knows whos who!

[Anon E Muss]

Re: Buchanan Clark and Wells

Buchanan Clark & Wells are a bunch of cowboys who I have had dealings with. I asked for certain paperwork and all I got was a reconstrued agreement and delays for other documents I required with the excuse of they have to wait for thier client to send it. I really wanted to see the Note of Assignment which never arrived from them

They have four offices in the UK, head office in Scotland. If they have your telephone number they will call you for, five, six times a day from the same telephone number. After a week of non stop calls you will get a doorstep caller, unanounced and any time of the day between 8am and 8pm until you threaten them with the Harrasment Act.

Once you have done that you will get the same again from a second office, different number, different location, even though you complain to the head office they continue. If you ask for thier complaints procedure they will ask you for your name, date of birth, address, telephone number and who the creditor is. I refused and had to take my complaint to Trading Standards and this cowboy agency soon sent me what I wanted with the exception of the details I required for the account. Before I could get my SAR in they handed it back to the original creditor

[rizel23]

Re: Buchanan Clark and Wells

Thanks, i could not believe it when i went through an business park on my way to work when i saw an office for the BCW Group! They literally "work" round the corner from my place of work. I have taken the same advise so far as i have dealt with other DCA's, ignoring them is the best tactic.

[teaboy2]

Re: Buchanan Clark and Wells

By the way you will find in the notice of assignment you recieved that the account was sold to Akitiva Kapitals Zug Branch. They i believe are based outside the EU in Switzerland, and therefore as Akitva Kapital Uk limited are a separate legal entity they do not own the account. Its their Zug Branch that owns it and as they are outside of EU they can not take you to court without a reciprocal agreement in place between Switzerland and the UK allowing each countries companies and ciitzens to take each other to court. Now am not sure their is such an agreement between Uk and Switzerland to be honest. But i had the same unlawful rescission argument with MBNA and Experto since MBNA sent me an invalid Default Notice in 2009 before i started my company, and even sold the account the day before i received the Default Notice too. I have stuck to my unlawful rescission arguement and they are fully aware i am Teaboy2, and they simply refuse to take it to court even though i have invited them to do so on more than one occassion.

So basically, don't worry about it or them. If you do receive anything from them or a claim form then let us know here and we all here will help you kick their arses out of court.

[rizel23]

Re: Buchanan Clark and Wells

By the way you will find in the notice of assignment you recieved that the account was sold to Akitiva Kapitals Zug Branch. They i believe are based outside the EU in Switzerland, and therefore as Akitva Kapital Uk limited are a separate legal entity they do not own the account. Its their Zug Branch that owns it and as they are outside of EU they can not take you to court without a reciprocal agreement in place between Switzerland and the UK allowing each countries companies and ciitzens to take each other to court. Now am not sure their is such an agreement between Uk and Switzerland to be honest. But i had the same unlawful rescission argument with MBNA and Experto since MBNA sent me an invalid Default Notice in 2009 before i started my company, and even sold the account the day before i received the Default Notice too. I have stuck to my unlawful rescission arguement and they are fully aware i am Teaboy2, and they simply refuse to take it to court even though i have invited them to do so on more than one occassion.

So basically, don't worry about it or them. If you do receive anything from them or a claim form then let us know here and we all here will help you kick their arses out of court.

Many thanks, I'm now in a position to start sorting the 3 defaults i have. My strategy is as follows for them;

1) CCA request original lenders and request copies of original defaults issued so i can confirm what i have been sent originally or to challenge any further discrepancies.
2) Depending on the above, if they can not be provided request removal of said defaults on those grounds.
3) Contact the DCAs and make them fully ware of the flaws in either the CCA's and Defaults issued and start with a 20 percent offer to clear the accounts and any adverse history they may have.

I know Lowell s have already offered 50 percent off and that's with just ignoring them with them thinking on the bases i have zero knowledge of what they are writing to me about. I have been fulled by the idiotic advise over on MSE in regards to removal of defaults, they seem to just recommend to pay them and beg for forgiveness despite obvious clear legal flaws in defaults these lenders seem to churn out automatically.

[alsagerman]

Re: Buchanan Clark and Wells

By the way you will find in the notice of assignment you recieved that the account was sold to Akitiva Kapitals Zug Branch. They i believe are based outside the EU in Switzerland, and therefore as Akitva Kapital Uk limited are a separate legal entity they do not own the account. Its their Zug Branch that owns it and as they are outside of EU they can not take you to court without a reciprocal agreement in place between Switzerland and the UK allowing each countries companies and ciitzens to take each other to court. Now am not sure their is such an agreement between Uk and Switzerland to be honest. But i had the same unlawful rescission argument with MBNA and Experto since MBNA sent me an invalid Default Notice in 2009 before i started my company, and even sold the account the day before i received the Default Notice too. I have stuck to my unlawful rescission arguement and they are fully aware i am Teaboy2, and they simply refuse to take it to court even though i have invited them to do so on more than one occassion.

So basically, don't worry about it or them. If you do receive anything from them or a claim form then let us know here and we all here will help you kick their arses out of court.

How sure are you Teaboy2 about AK Zug branch being unable to pursue debts through UK courts? Could anyone clarify this as fact? Not looking to pick a fight, would just be very useful info for others if it's correct.

[teaboy2]

Re: Buchanan Clark and Wells

How sure are you Teaboy2 about AK Zug branch being unable to pursue debts through UK courts? Could anyone clarify this as fact? Not looking to pick a fight, would just be very useful info for others if it's correct.

As far as am aware there is no reciprocal agreement in place between Switzerland and the UK Therefore unless there is some other agreement in place that allows it then they can not take you to court. Which probably explains why they mention Aktiva Kapital UK Limited further down on the assignment notice, despite still having Experto Credite (in my case) and another DCA in this case acting on their behalf. In otherwords they are trying to pass off Akitva Kapital UK Limited as being the UK owner of the debt so they can act as claiment when in fact it is their Zug branch Limited company in switzerland that is the owner and therefore there UK limited company is a third party (not the legal owner) acting on their behalf just like experto credite and other DCA's are.

[shell]

Re: Buchanan Clark and Wells

Just got an amazing offer from Buchanan Clark & Wells. They have been asked by Lowells to contact me and offer me "for a limited time only, two unique opportunities to bring your account to a speedy and amicable resolution by clearing the above balance at a reduced rate".

Considering the fact that this has been statute barred since September 2011 I'm so grateful for the offer. I had better rush and take the offer.

Muppets.

[Cheapmiester]

Re: Buchanan Clark and Wells

Im dealing with these at the minute and I am fedup of the attitude girl!!

"so what dya mean"
"and when is that then"
"who are you"

gggrrr she gets me mad

im dealing with my husbands npower debt from years ago koz hes crap at it lol they were wanting £800 for gas £1100 for electric. couldnt supply or "wouldnt" supply me with any details nor nothing, i saved up £300, phoned them up and said iv gt £300 sat in the bank waiting to pay off the gas will that be all?

the guy gave me a half hearted battle with the old "i cant get it lower than 550" malarky. so told him fine, im not paying £300 unless u agree the full amount will be cleared.

accepted.

then phoned my back asking me if i wanted to pay £800 today theyd accept that for the electric account.

put the phone down on him.

not heard anything since.

i just save up sums like that with these cowboys then giv them not much alternative other than to accept ur offer and close the account or ur not gtting my mony haha tbf, i was shocked it worked myself but hey, ya gotta try!!

xxx c

[Jazzinald]

Re: Buchanan Clark and Wells

Hi, hope you can advise?

I took out a loan in March 2004 to purchase a car through Welcome Finance and was told by them at the time, that I could not have a loan unless I took out PPI.

Although the loan was for £6000, with repayment over 48 months and with interest and PPI it meant that I would have to pay back over £12000? The repayments were £251 per month by Direct Debit. As I found it hard getting credit, and desperately needed a car, I accepted and signed the relevant paperwork.

All was well, but in April 2006 (2 years into the contract period), I decided to cancel the PPI. I sent Welcome a letter explaining that as with immediate effect, I would like to cancel my PPI payments as was my right to do so, and that as from that month, I would deduct the amount of my monthly PPI from the total monthly repayment.

I never received confirmation either by phone or in writing. April's payment went out of my bank, but the PPI payment was still taken too. I called welcome finance and was held in a never ending queue until eventually I got through to a guy called Chris Simmons who, to be fair, was a nice chap and quite helpful. He told me to carry on paying the full £251 each month and that way the loan would be paid off earlier, to which I agreed.

However, I never did receive any confirmation from Welcome about this arrangement. I wrote to them asking for written confirmation of this, but heard nothing back.

Approx 18 months later, I was doing my sums, and worked out that with the PPI cancelled but the repayments remaining the same, that my loan would be paid off in a short while and that if their sums agreed with mine, could they confirm this in writing. Again I heard nothing.

I made my final payments according to my calculations and cancelled any further payment via my banks DD. I never had any contact from them to argue against my decision to stop any further payments, so assumed all was done and dusted.

Approx 2 years later, I received a letter from Welcome stating that I still owed £1600? I immediately wrote to them with a breakdown of my repayments and my calculations as to what I had owed and what I had repaid, which added up to the correct figure when taking in to account the cancellation of my PPI.

They again never bothered to acknowledge my letter in writing and just kept sending final notice letters until they decided to send in the debt collectors. These were very threatening on the phone by keep leaving messages that my debt with Welcome was now their debt and that I must pay up immediately or basically face the consequences. I wrote to this company along with copies of the letters I had previously sent to Welcome and explained that, according to my calculations, I owed neither Welcome or themselves a penny and that they should sell their worthless debt back to Welcome.

This went on for quite some time until, I think, they realised they were getting nothing from me and sold the 'debt' on to Mackenzie Hall. Well, these are like a bunch of rottweilers with their never ending calls and threats over a period of about a year. Never once would I answer a call from them but I did write to them explaining what had happened and that I wanted them to send me proof of the outstanding 'debt'. They did send me a copy of the payments I had made to Welcome and the dates, but there was no knowledge of the cancellation letter of the PPI that I had sent to Welcome. I wrote to them again explaining this and that I was more than happy to go to court if this was what they wanted to do as I owed no money to anybody.

They also have now sold the 'debt' on Buchanan Clark and Wells who are now chasing me for this fictitious outstanding alleged 'debt'. Can you suggest what I should do, and how do I stand legally?

I thank you for any advice in advance and would be extremely grateful.

Many thanks

Jazzinald