BCW on Behalf of Aktiv Kapital UK Limited

[TIMMEH]

Hi all

After receiving a few demands/threat from Buchanan Clark & Wells, collecting on behalf of Aktiv Kapital I decided to respond to them. I wrote them back at the start of May using the standard 'Prove I'm the debtor' letter from Legal Beagles. On 04.05.12 they sent confirmation that my letter was received and being investigated. I then heard nothing until 31.05.12 when I received another letter saying the complaint was still being investigated.

I have now received a letter from BCW informing me they require some additional information, which asks to confirm whether I have lived at another address. I'm not 100% on what to do next? I'm not inclined to assist them with their enquiries unless I'm going to get a generous cut of the commission, should I send a letter informing them there will be no further correspondence until they can at least demonstrate ownership of the debt (and what it is for) or is there another way in which I should proceed?

Many thanks!

[miliitant]

Re: BCW on Behalf of Aktiv Kapital UK Limited

do nothing

you are OBLIGED TO DO NOTHING

you sent the prove it letter, end off

what you have is a phishing letter

they have to prove the debt

not you

[alsagerman]

Re: BCW on Behalf of Aktiv Kapital UK Limited

Milltant is absolutely spot on. It's for BC&W to prove. They're simply asking you to do their work for them. By asking you they are confirming they don't know the full details............which means they can't prove it. If you must do anything simply refer them to your previous letter, the contents of which remain unchanged.

[TIMMEH]

Re: BCW on Behalf of Aktiv Kapital UK Limited

Thanks for your replies guys. I think I'll leave it then and not waste any more money on postage, it's reassuring to hear from someone else! I'll go back to filing the letters in the same place as the rest of my junk mail!

[mizzbehavin]

Re: BCW on Behalf of Aktiv Kapital UK Limited

Hi, I have started getting calls from these people, Im not sure what debt its about but possibly one I last made a payment on in 2006... and I have moved since then and changed phone numbers. They called me at work today, not sure how they got my direct dial number, lucilly I didnt give my name when I answered... and when I got home there was the voicemail asking to call. Again my home phone is ex directory and I have no idea how they got this number.
Where can I find the "prove it" letter and also does anyone have an address to write to as I dont want to call them and I have not received any letters....

Thanking you in advance!

[miliitant]

Re: BCW on Behalf of Aktiv Kapital UK Limited

Name/Address:

Date:

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully

[bluebottle]

Re: BCW on Behalf of Aktiv Kapital UK Limited

The only way BCW could have obtained you ex-directory number is illegally. It is a breach of the Data Protection Act 1998 and Privacy and Electronic Communications (EC Directive) Regulations 2003-2011. Report this to the ICO. Download a complaint form from their website at www.ico.gov.uk . I am going to attach a copy of the OFT's Debt Collection Guidelines (updated in 2011) which you can look through and identify which parts of it BCW has breached. Once you have done that, you should complain to the OFT and your local Trading Standards Department. Even if you owe any money, from what you say, it sounds very much that BCW has breached OFT rules.

For your complaint to the OFT, you should send an email to enquiries@oft.gsi.gov.uk and put in the subject box CREDIT FITNESS. This will ensure that the email is dealt with by the OFT's Credit Fitness Team.

BCW's CCA Licence No. is 633327. This needs to be quoted in your email. Give a concise resume of your complaint and it will help if you can quote the relevant breaches of OFT Debt Collection Guidelines.

The breaches I can see include contacting you at work without your consent.

Come back onto this thread if you need any further help.

[labman]

Re: BCW on Behalf of Aktiv Kapital UK Limited

24 George Square, Glasgow, G2 1EG

[mizzbehavin]

Re: BCW on Behalf of Aktiv Kapital UK Limited

Hi

Oh sorry for the late response, but thank you :o) I will give it a go.
Funnilly enough I had a call today asking for me at work... didnt really identify themselves and no number showed up... said it was about "tracing software". Luckily I didnt give my name and suspect it was a new tactic as where I work would not involve tracing software....