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Buchanan Clark & Wells

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  • #31
    Re: Buchanan Clark & Wells

    APS ... May I ask what that has to do with them trying to illegaly collect a debt.

    I may be a bith thick and I do not understand

    Comment


    • #32
      Re: Buchanan Clark & Wells

      Originally posted by Anon E Muss View Post
      APS ... May I ask what that has to do with them trying to illegaly collect a debt.
      Perhaps, if my version was correct, it alludes to the way they jerk people about? :rofl:

      Comment


      • #33
        Re: Buchanan Clark & Wells

        can somebody please tell me about the rule regarding compnays phoning all the time so i can tell them there in breach of ????????




        ty bob
        bob

        Comment


        • #34
          Re: Buchanan Clark & Wells

          Bob we need more details then just "companies calling all the time" i.e. is it one company and how many times have they called you each day.

          Reason i ask is because their actions may amount to harassment.

          But the general rule is to tell them delete your data under section 10 of the data protection act. - though if they are foreign their is not much chance they will pay any notice, which in that case you get them to give you the full name of their company and write to the company.

          Plus if they are a debt collection company then they will not delete your data at all.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #35
            Re: Buchanan Clark & Wells

            I have actually got somewhere with this bunch of cowboys and indians. After the umpteenth telephone call of which none have been answered I wrote to these cowboys asking for thier complaints procedure (3 times and only the threat of the old "bill" forced thier hand). I made a complete complaint. I received a letter stating that the account was on hold. Guess what ... yet ANOTHER telephone call from the SAME number stating they had an entry warrant (warrant of execution). Shame that I could not record this one the day I received thier on-hold letter.

            Still waiting for the Statement of Account and the Absolute note of Assignment though, but seems I will never get these until it goes to court.

            I am fighting this currently on one front, disclosure of confidential information to a third party but all I am asking for is to ensure that everything is done by the book, nice and legal.

            Anyways ... thanks to all who have given me thier support to date and no doubts will require a bit more in the near future

            Comment


            • #36
              Re: Buchanan Clark & Wells

              Keep us updated E Muss.
              Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

              By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

              If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

              I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

              The Governess; 6th March 2012 GRRRRRR

              Comment


              • #37
                Re: Buchanan Clark & Wells

                Originally posted by Anon E Muss View Post
                I made a complete complaint. I received a letter stating that the account was on hold. Guess what ... yet ANOTHER telephone call from the SAME number stating they had an entry warrant (warrant of execution). Shame that I could not record this one the day I received thier on-hold letter.
                It is indeed a pity that you could not have recorded that call, especially as that assertion clearly implies they have already obtained a CCJ against you. Do you suppose you might be able to persuade them to state as much in writing?

                Comment


                • #38
                  Re: Buchanan Clark & Wells

                  Originally posted by CleverClogs View Post
                  It is indeed a pity that you could not have recorded that call, especially as that assertion clearly implies they have already obtained a CCJ against you. Do you suppose you might be able to persuade them to state as much in writing?
                  Sorry Cleverclogs for this ... ha ha ha ha ha ha ha ha ha ha ha ... It is bad enough trying to get them to write to me with thier complaints procedure so there is a dogs chance and no chance of getting this in writing.

                  Obviously no court order as I have not received a pie in the sky from them

                  Comment


                  • #39
                    Re: Buchanan Clark & Wells

                    Originally posted by Anon E Muss View Post
                    Sorry Cleverclogs for this ... ha ha ha ha ha ha ha ha ha ha ha ... It is bad enough trying to get them to write to me with thier complaints procedure so there is a dogs chance and no chance of getting this in writing.
                    I'd not be so sure; I once got one of the allegedly senior "managers" at E.on to state in writing that they could pursue debts that were over six years old.

                    Obviously no court order as I have not received a pie in the sky from them
                    Some DCAs threaten that they will issue a CCJ against a debtor; even with the latest changes in Legal Aid, one might doubt that the courts would relinquish their role.

                    Comment


                    • #40
                      Re: Buchanan Clark & Wells

                      Originally posted by Anon E Muss View Post
                      Sorry Cleverclogs for this ... ha ha ha ha ha ha ha ha ha ha ha ... It is bad enough trying to get them to write to me with thier complaints procedure so there is a dogs chance and no chance of getting this in writing.

                      Obviously no court order as I have not received a pie in the sky from them

                      Sometimes it can be very useful to qoute what was said to you on the phone in a formal letter to them, giving the date and the time of the phone call. They will either say they are investigating or deny it, but a judge would take the view if it did not happen then why was it quoted in a formal letter to them, or are the DCA calling you a liar, let it is well known that the DCA's have lied many a times in the past.
                      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                      The Governess; 6th March 2012 GRRRRRR

                      Comment


                      • #41
                        Re: Buchanan Clark & Wells

                        Hi Scottie Dog,

                        Still nothing from the clowns incorporated.

                        The only words that I have spoken to thier phone calls are ...

                        "This message is being recorded, do you have any objections" ... Clunk ... brrrrrrrrrrrrrrrrrrrr

                        "In Writing only please ... no phone calls" ... Brrrrrrrrrrrrrrrrrrr

                        But I will admit is has not been the full 8 weeks (nowhere near it) for thier reply which w ill no doubt arrive a few days before the OC's court summons

                        Comment


                        • #42
                          Re: Buchanan Clark & Wells

                          I seem to recall that you stated you'd be emigrating on 23 August.

                          Did you decide to stay or were you planning to work for Muʿammar al-Qaḏḏāfī?

                          Comment


                          • #43
                            Re: Buchanan Clark & Wells

                            I have left the sorry shores of the United Kingdom. I am now some 9,318 miles away and have a residency in this part of the hot, steamy world. They cannot phone me, they cannot trace me, they cannot hound me, they cannot get a CCJ against me, they cannot even get a DCA to see me as they would be arrested where I have gone as they do not hold the countries finance and economics license

                            BUT

                            I wish to make sure that I pay what I owe but only if it is collected legally. Even my third party agent has no clue to where I am in this small world.

                            REASON FOR GETTING OUT OF THE DUMP UK

                            Go to the airport, docks or Benefits Office and see what is handed out to the ilegal imigrants ... I have paid enough in taxes and I dont think I have to keep someone who just seeks to hop country as they can get things for nothing.

                            Comment


                            • #44
                              Re: Buchanan Clark & Wells

                              hi just received a letter from BCW chasing a debt for Aktiv Kapital, i do not owe monies to either of these companies, but did receive a letter from another debt collection agency 2 years ago mackenzie hall who were also acting for Aktiv Kapital whom i sent a letter to - see below,

                              I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

                              1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

                              2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

                              3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

                              Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

                              As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

                              Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
                              ---------------------------------------------


                              Mackenzie hall then wrote back to me saying that they would go back to their client to ask for this info and said that they had 40 days in which to reply, obviously they did not, now they have past the debt on BCW who are now chasing the same debt, can Aktiv Kapital send this debt onto another agency if they have failed to supply me with the info i asked for 2 years ago.

                              what i need to know is are they breaking the law by doing this.

                              Comment


                              • #45
                                Re: Buchanan Clark & Wells

                                No they can do whatever they like short of enforcing the agreement in court. You could always contend harassment of course.
                                If you are not aware of any debt , it may be a good idea to check your credit file, you can do this on line or by post, the latter will cost you £2.
                                If this were me I would ignore it, they obviously have no intention of taking proceedings, they have probably acquired the debt for less than 5% of its worth and are chancing their arm.
                                If they attempt to ring , just refuse to answer their security questions. IMO
                                Bernie

                                Comment

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