Help with Buchanan Clark +Wells please.

[lucy368]

Hi

 

I am trying to help my partner get rid of an old debt. It was being pursued by Capquest and we have agreed a minimal payment plan of £10/month. However, we are now getting threatening letters from BCW regarding the same debt. Have informed them we are currently paying debt with another dca but still hassling us. They say thay are acting on behalf of pursuers Aktiv Kapital and they are not receiving payments. I am really confused. Surely as we are paying this debt it can not be chased by someone else?

 

After reading info on here it seems that BCW are known for harrassment. They were initially really rude on phone and now I will only deal with them by letter. They have asked us to send proof of payments to Capquest (which we do have). Should I do this? Or is there anything else I can do?

 

Any advice would be appreciated

Thanks

[cerberusalert]

If you haven't already done so, it may pay you to send a CCA request to them. It will do two things; firstly you will be able to ascertain whether the debt is enforcable & secondly if they have the right to collect on it. Send it recorded delivery icluding a £1 postal order. Print your name on the request do not sign it.

 

Request for information under section 77/78 of the Consumer Credit Act 1974

 

Dear Sir/Madam

 

Re:- Account/Reference Number: XXXXXXXXXX

 

With reference to the above agreement, I would be grateful if you would send me a true copy of this particular credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Section 77/78 ), I am entitled to receive a true and legible copy of my credit agreement (containing all the required prescribed terms) on request.

I enclose a payment of £1.00 which represents the statutory fee payable under section 77 of the Consumer Credit Act.

 

This sum is not to be assigned or used for any other purpose.

 

I also understand a true copy of my credit agreement must under such statute be supplied within 12 working days.

 

Should you fail to provide the agreement then under the Consumer Credit Act you will be unable to enforce any such agreement, or be entitled to any further payments whilst you continue to fail to comply with this request.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor.

 

In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is also drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I look forward to hearing from you.

 

Yours faithfully

[42man]

Hi Lucy....and welcome to the CAG forums....can you tell us what the debt is for ? you mentioned that it was on 'old' debt ? has there been any time during the life of the debt where you haven't made a payment for 6 years ? (5 in Scotland) i.e. is there any chance that it may be statute barred ? Also do you know if there are any excessive charges that have been added to the account you might be able to reclaim ?....

 

If it is a credit card, loan, hp agreement, then in the first instance I would send the letter above that Cerberus gave...however this can't be used for bank accounts / overdrafts.

 

If they can't provide the agreement within 12+2 working days of your then they are in default of that request and whilst in default of your request, you are quite within your rights to stop paying...