buchanan clarke wells

[visualdesine]

hi i wonder if anyone can help me, i have a big issue with buchanan clarke and wells, i have a debt with aktiv kapital uk, for 2869 pounds, to which i was paying a small amount to bkw, but i was unable to keep up the payments due to credit crunch etc...., but then i came across this thread because they were hounding me on phone with letters etc. and i decided to send them a letter for the original document of the debt, so weeks later i recieved a letter saying they would put account on hold until they are furnished with copy and they will send to me, then about 7 weeks later i get a phone call telling me they have a copy of agreement and they will post to me and the woman on phone was very rude!! they usual crap, and i have not received any copy from them at all, nothing!! but today i get letter from scotcall debt collecting services, they have passed the debt onto them, oh wow thats bad,!! its a doorstep collection letter, what should i do? as they have not sent me a copy of!

!

original agreement, so they have passed debt onto another company, thats what it looks like to me, any help on this

Edited January 5, 2009 by visualdesine

[MARTIN3030]

Thread moved here-Thanks Tills

[twofoot]

No CCA means they are stuffed, that's why they passed it on. Doorstep calls are rare, very rare so don't worry over that. Do not speak to them on the phone, i.e. refuse to answer security questions etc. Always use writing and preferably special delivery. Keep us in formed on here. You could send them a letter telling them to bog of until they supply the CCA. Copy & paste the following and edit as needed.

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

Re: =

 

Dear Sir/Madam

 

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 the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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 you enter into a default situation.

 

 

 

This limit has expired.

 

As you are no doubt aware section 77(4) 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 21 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 will be reporting your actions to any such regulatory authorities as I see fit.

[upto the eyeballs]

Best get some custard creams in just in case there mystery man calls:D

 

Seriously even if someone calls and you would be honoured tell him to get the F***K OFF you're land.

 

They must make an appointment with you, and of course you would never agree to that;)

 

Check out the letter library for suitable letter(s)

[visualdesine]

when i got the phone call of the woman saying they had a copy of the cca, and she offered me a settlement payment which was to much, couldnt afford it, and again she said they had posted me a copy, that was 3 weeks ago, anyway, my question is,, who do i send this letter to,, buchanan clarke and wells, or scotscall, as i dont know if they are same company. and if they are not,, isnt this illegal?

[upto the eyeballs]

Send it to buchanan clarke and wells