AK/BCW - old GE Cap (First National Tricity Finance - Tiny Computers Ltd )

[eeeezzzyy]

Evening all just signing up to the BCW club just had a lovely letter from them today asking for money "Ref-Aktiv Kapital", shucks naughty Aktiv i SAR them 3 months back and low and behold they've done the naughty sideways pass the parcel to BCW...Im spending a fortune in postage writing to Aktiv and now this mob !!!!

[jacko428]

This is just a guess but settlement 3 is prob what they paid for the debt or just over it....

 

Perhaps they've had confirmation from their client that no proof of payment exists and thus just want it off their books

 

S.

 

Hi S,

 

Here is the latest communication from BCW, infact 2 letters arrived this morning,The first was a breakdown of payments I have made since August 2001 to the last payment I made in November 2003 yet in one of there letters they stated that I had made a payment on 22nd December 2003 well that does not appear on the statement. I have also noticed on the statement that on the last line of the statement dated 19/11/03 it say's referred to Allied and some numbers amount £1521.91 Balance £0.00 I am confused at this point.

Their covering letter reads as follows,please find enclosed a copy of your Aktiv agreements as requested.Payment is due to BCW group plc on receipt of this agreement.Then it goes on about contacting them by phone,I don't think so.

 

Letter 2 reads as follows,

 

BCW Ref:xxxxxxx

 

Pursuers: Aktiv Kapital UK Limited

 

Principal Sum: £1487.11 (This figure does not correspond to the above amount)

 

I write with regard to your recent communication concerning the above account.

 

I can hereby confirm your query has been duly recorded on our system file, however we now have a response from our client and would request that you contact us on blah blah blah to discuss the matter further. Your account has been delayed for ten days to enable you to respond to this letter.

 

Well S,what do you think of that little lot? I most certainly will not be making any contact via the dog and bone.

 

Ian

[the_shadow]

Hi S,

 

Their covering letter reads as follows,please find enclosed a copy of your Aktiv agreements as requested.Payment is due to BCW group plc on receipt of this agreement.Then it goes on about contacting them by phone,I don't think so.

Ian

 

Did you get an agreement with the letter?, what type of debt is this?.. obviously its not actually stat barred until Nov 09 if the statements are to be believed.

 

S.

[jacko428]

Did you get an agreement with the letter?, what type of debt is this?.. obviously its not actually stat barred until Nov 09 if the statements are to be believed.

 

S.

 

No S I did not get an agreement with the letter all I received was a statement of the account showing how many payments have been made since the start of the agreement.

 

The debt is an HP agreement for Tiny Computers. Will I be needing to send them some kind of nice letter?

 

Ian:(

[the_shadow]

No S I did not get an agreement with the letter all I received was a statement of the account showing how many payments have been made since the start of the agreement.

 

The debt is an HP agreement for Tiny Computers. Will I be needing to send them some kind of nice letter?

 

Ian:(

 

Ok, do you know if it was regulated under cca1974 or not, can you remember signing doc?

 

Chances are they either dont have said doc or its non-compliant IF governed by cca1974.

 

S.

[jacko428]

Ok, do you know if it was regulated under cca1974 or not, can you remember signing doc?

 

Chances are they either dont have said doc or its non-compliant IF governed by cca1974.

 

S.

 

Yes I do remember signing an HP agreement in November 2000. As for the CCA 1974 I do not know but I would think so or would it come under a different CCA?

 

Ian:(

[the_shadow]

Yes I do remember signing an HP agreement in November 2000. As for the CCA 1974 I do not know but I would think so or would it come under a different CCA?

 

Ian:(

 

Some HP agreements arent covered by CCA1974, but if you take it as this is then you could send a CCA request under s77 of the CCA1974.

 

If you wish to go down this route then send whoever is chasing the debt letter 8 from this link amended to suit.

 

They then have 12+2 working days to respond with the application otherwise they are in default and you are under no obligation to pay anything..

 

If they deny its covered by CCA1974 then a subject access request which costs £10 from the original lender or whoever now owns TIME might get the agreement to prove either way.

 

S.

[jacko428]

Some HP agreements arent covered by CCA1974, but if you take it as this is then you could send a CCA request under s77 of the CCA1974.

 

If you wish to go down this route then send whoever is chasing the debt letter 8 from this link amended to suit.

 

They then have 12+2 working days to respond with the application otherwise they are in default and you are under no obligation to pay anything..

 

If they deny its covered by CCA1974 then a subject access request which costs £10 from the original lender or whoever now owns TIME might get the agreement to prove either way.

 

S.

 

I think that it may be worth going down the CCA 1974 route because the original agreement may not be availsble as Tiny computers went bust, what do you think S.

 

Ian:)

[the_shadow]

I think that it may be worth going down the CCA 1974 route because the original agreement may not be availsble as Tiny computers went bust, what do you think S.

 

Ian:)

 

It cant hurt and may give you a bit of a breathing space if nothing else.

 

Letter 8 from this link. Amend to ensure it states under s.77 instead of s.78

 

S.

[jacko428]

It cant hurt and may give you a bit of a breathing space if nothing else.

 

Letter 8 from this link. Amend to ensure it states under s.77 instead of s.78

 

S.

 

Thanks for your help S, will do the CCA letter tomorrow and get it in the post, I will let you know the outcome.

 

Ian:)

[The GodMother]

they are trying it on. I love the last reduced settlement figure i might take that one up with my own conditions attached.

[jacko428]

It cant hurt and may give you a bit of a breathing space if nothing else.

 

Letter 8 from this link. Amend to ensure it states under s.77 instead of s.78

 

S.

 

Hi S,

 

Here is the latest update re BCW. After sending a CCA letter I heard nothing from them no agreement was forthcoming, then I sent a letter account in dispute on 22nd June recorded delivery no reply to that letter.

 

Today I have received the following letter.ScotCall debt collecting services.

DOOR STEP COLLECTION NOTICE - PLEASE READ CAREFULLY

 

Dear Sir/Madam

Your above outstanding debt has now been placed with 'ScotCall'.

 

Failure to pay or contact us within 7 days (in red letters) of the date of this letter will result in your account being passed to our Field Representative to arrange a doorstep call.

 

To avoid this we require the immediate payment of the full outstanding balance or should your financial circumstances prevent this we require you to contact us immediately with a realistic offer of repayment.

 

Where to from here S these people do not give up despite sending all the correct letters.

Ian

[the_shadow]

Hi S,

 

Here is the latest update re BCW. After sending a CCA letter I heard nothing from them no agreement was forthcoming, then I sent a letter account in dispute on 22nd June recorded delivery no reply to that letter.

 

Today I have received the following letter.ScotCall debt collecting services.

DOOR STEP COLLECTION NOTICE - PLEASE READ CAREFULLY

 

Dear Sir/Madam

Your above outstanding debt has now been placed with 'ScotCall'.

 

Failure to pay or contact us within 7 days (in red letters) of the date of this letter will result in your account being passed to our Field Representative to arrange a doorstep call.

 

To avoid this we require the immediate payment of the full outstanding balance or should your financial circumstances prevent this we require you to contact us immediately with a realistic offer of repayment.

 

Where to from here S these people do not give up despite sending all the correct letters.

Ian

 

Hi Ian,

 

Where money is involved these firms will play hardball and keep pressing I'm afraid. You can either send the bemused letter mixed in with the no doorstop visits or another CCA request to scotcall.

 

Personally I'd send the bemused letter whilst also complaining to the OFT about the DCA attempting collection activity on a disputed debt.

 

S.

[jacko428]

Hi Ian,

 

Where money is involved these firms will play hardball and keep pressing I'm afraid. You can either send the bemused letter mixed in with the no doorstop visits or another CCA request to scotcall.

 

Personally I'd send the bemused letter whilst also complaining to the OFT about the DCA attempting collection activity on a disputed debt.

 

S.

 

Thanks S, is there a bemused sort of letter in the template library? or should I do one of my own and mention about the OFT.

 

Ian

[the_shadow]

Edit and delete bits that dont apply.

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2009.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

s.

[jacko428]

Edit and delete bits that dont apply.

 

s.

 

Great S, Thanks for that I will get a letter written and in the post.

 

Ian:)

[jacko428]

Edit and delete bits that dont apply.

 

s.

 

Hi S,

 

Just to let you know that after sending the bemused letter to ScotCall they kindly returned my painstaking letter with a covering letter stating that they are no longer dealing with the account and that all relevent paperwork was returned to our client on 07/07/2009.

 

Please contact them at the address supplied quoting Ref No xxxxxxxx

 

The client being BCW.

 

Is this going to be the last I hear from them.

 

Ian

[the_shadow]

Hi S,

 

Just to let you know that after sending the bemused letter to ScotCall they kindly returned my painstaking letter with a covering letter stating that they are no longer dealing with the account and that all relevent paperwork was returned to our client on 07/07/2009.

 

Please contact them at the address supplied quoting Ref No xxxxxxxx

 

The client being BCW.

 

Is this going to be the last I hear from them.

 

Ian

 

Thats 1 - 0 to you, just sit back and wait for their next move now in my opinion.

 

S.

[jacko428]

Thats 1 - 0 to you, just sit back and wait for their next move now in my opinion.

 

S.

 

 

I will S, thanks for your reply.Will update you if I hear anymore.

 

Ian:smile:

[jacko428]

Hi all,

 

We have been paying the above DCA £1 for a number of years but in May this year they decided to increase our monthly payment by 10p to £1.10.

We understand that this increase is not exhorbitant but they did not even bother to notify us of the increase. Are they allowed to do this?.

 

Regards

Ian:|

[Pinky69]

Is this a serious question? There are people on this forum facing SD's, losing their houses, Bankruptcy and harassment - and you are asking a question about 10p? Pul-lease!

[IdaInFife]

if you are paying them by dd then yes as it will be variable but should have notified you at least 10 days before hand.

 

cancel the dd and set up a standing order at our end so yu are in control

 

ida x