Letter from Buchanan Clark &Wells stating- FINAL RESPONSE

[mab177]

1ST POST HERE SO HERE GOES -

Letter received from Buchanan Clark &Wells stating- FINAL RESPONSE

After about 4 mths of this DCA continuously phoning and sending letters trying to reclaim X amount for their client Lowell portfolio (barclaycard credit card debt) , every letter i had received, the amount total they were claiming was different 1st claim balance £794.04 then i received a 2nd a mth later(18/10/12) for principal sum £1484.19????

anyway in between these 2 letters i CCA 'd this company and i was sent a letter instantly confirming a "Cease all action" instruction on my account with immediate affect, plus an internal complaints procedure leaflet enclosed.

some days later another letter stating (Interim report) that my complaint is being investigated and that a response will be issued to me in 4 weeks.

So i have now received this letter Headed (Final Response) Stating ,

I can confirm we have under taken substantive investigations into your claims and have concluded that your complaint has been refuted. the reasons for this are detailed below. blah blah blah

(I will try and point out the main reasons as not to have to type out the whole of the letter)

• They (bcw) were passed this infomation by Lowell to collect the full balance on the basis its true and correct at time of issue.
• Were not at no time advised by lowell of any on goin disputes or complaints.
• My CCA request is the 1st contact we (bcw) has received from me, therefore could not have considered the account in dispute previously and taken any action to cease collection activity while your claims were being investigated.
• We (bcw) have since reverted back to Lowell portfolio & requested the relevant documentation relating to this outstanding balance.
• At this time, we are currently unable to obtain the documentation in your aforementioned letter (CCA). therefore we have now withdrawn from this matter.
• Our file on this account has now been closed at this office and i will receive no further correspondence From BCW in relation to this.
• As we do not hold copy Credit Agreements at this office , as we are not he Creditor and under the circumstances your postal order for £1 is returned herewith.

and at the bottom of the letter it goes on to say they've enclosed a copy of the complaints procedure should i wish to take this matter further, note that i have 6 months from date of this letter to contact the FOS should i remain dissatisfied with this letter.
----------------------------------------------------------------------------------------

I would be grateful if u knowledgeable people out there could give some advice on this and if so would actions to take if any at all?

Many thanks.Mab

Happy New Year to all.

[stevread1]

Re: Letter from Buchanan Clark &Wells stating- FINAL RESPONSE

First I would ask for a statement of my account showing how much I owe and why it had doubled. Then if your not satisfied contact the FSO.

Debt Collection Charges
1.10 In the Office’s view, there is no legal basis for a creditor (or a debt collection agency acting on the
creditor’s behalf) to claim collection costs from a debtor in the absence of express contractual
provision in the agreement between the debtor and the creditor. If there is no such provision, then
collection charges cannot be demanded as a debt due under the agreement. If an agency claims an
entitlement to recover charges pursuant to a separate agreement with the debtor, there must be a
binding contact to this effect, with legal consideration (ie benefit) provided to the debtor. A letter
served on the debtor merely informing him that he is liable to pay certain charges is not in the Office’s
view such an agreement, regardless of whether it is signed by the debtor.
1.11 The above applies to all credit agreements, whether regulated or not, although for regulated consumer
credit agreements there is an additional reason why costs might not be recoverable. The Consumer
Credit (Agreements) Regulations 1983 require inclusion in the credit agreement of an indication of any
charges payable on default. If this is not included, the agreement is not properly executed, and so will
not be enforceable against the debtor without a court order.
1.12 It is the responsibility of creditors and debt collection agencies to ensure that they do not recover
collection charges in the absence of an express contractual provision entitling them to do so.
Furthermore, debtors should not be led or allowed to believe that they are legally liable to pay such
charges where this is not the case. Failure to act in accordance with these principles is likely to be
regarded by the Office as an unfair or improper business practice within section 25(2)(d) of the
Consumer Credit Act and thus relevant to the issue of fitness to hold a consumer credit licence.
1.13 If there is any ambiguity in the debtor-creditor agreement as to whether it covers a particular charge, or
as to the permitted amount of the charge, the Office considers that this should be resolved in favour of
the debtor as this is the approach likely to be adopted by a court in construing the agreement.
Furthermore, even if collection charges are provided for in the credit agreement, where charges are
levied which are of an unreasonable amount and/or are disproportionate to the main debt, this too may
be regarded by the Office as an unfair or improper business practice within section 25(2)(d) of the
Consumer Credit Act. If firms are in any doubt they should consider taking legal advice.

[TUTTSI]

Re: Letter from Buchanan Clark &Wells stating- FINAL RESPONSE

I would not admit any debt in any letter which you write to them and would not sign letter in usual signature so they cannot copy the signature on a document which they later rely on as an original signed by you.

[ODC]

Re: Letter from Buchanan Clark &Wells stating- FINAL RESPONSE

What is the point in even writing to BCW. They have passed it back to the Leeds Losers who will doubtless try to fob it of to some other wunch of DCA Bankers.

Wait until the next threatomatic arrives