BCW chasing 13yrs old Next catalogue debt!!

[sahpixie]

Hi, I'm new here so I hope I've put this in the right place!

 

i received a letter from a company called Buchanan Clark & wells saying they were acting on behalf of Hoist Portfolio Holding 2 Limited a

nd that I owed just over £1,000 and the creditor was Next.

 

Now, I've lived in my current property for nearly 10 years and have had no contact regarding this supposed debt during all that time. I've no idea whether it is an old debt - it could be as I did have a Next account years ago but we are talking very old here, probably around 12-13 years ago!

 

Anyhow, I sent them the standard letter - Letter M in the files - and got a reply from BCW - this is the first paragraph referring to my letter:

 

"I can confirm that we have undertaken an investigation into the issues raised in the above referenced correspondence and have concluded that your complaint has been refuted. The reasons for this are detailed below."

 

They then go on to say that they act in good faith on the instructions and information passed on to them from their clients (Hoist) and that they are passed this information on the basis that it is true and correct.

 

Apparently, they are going to ask Hoist to supply me with "relevant documentation relating to this outstanding account" and a cessation of collection activity has been placed on the account until I receive said documentation.

 

Any advice as to where to go from here? Given the length of time I've lived at my address and the fact that I KNOW this debt could not possibly have been created during, at least, the last 10 years, I cannot possibly imagine what relevant documentation they could send me!

 

Should I contact them again and, if so, what should I say or should I just ignore everything from here on in?

 

Many thanks in advance for any advice

Sarah

[silverfox1961]

Hi and welcome to CAG

 

My advice - - IGNORE.

 

Let them do the running. This 'debt' by your own account is Statute Barred and as such all they can do is ask for payment. Nothing they can do is force you.

[sahpixie]

Hi Silverfox,

 

Thanks for the response. That was kind of my gut reaction - ignore! I'm just worried that they will start sending people round the house - I have young children and don't want them upset by this.

 

However, ignore I shall!

[BRIGADIER2JCS]

Sarah if you are sure that no payments have ben made in 6 clear years there is no point in starting letter tennis, the debt is statute barred, so send BCW this.

 

Private & Confidential

The Compliance Manager

BCW

 

 

Ref: use theirs.

 

Sir/Madam,

 

I refer to a letter from BCW dated xx xx xxxx in which it alleged that I owe a debt for £ xxx .xx relating to an account with Next, please not I do not acknowledge any debt to BCW or its client Hoist Portfolio.

I must thank BCW for alerting me to check my credit history having done so I have concluded that any such alleged debt is STATUTE BARRED therefore I WILL NOT make any payment in regard to the alleged debt.

 

I have been made aware of the OFT Guidance in relation to statute barred debt an no require BCW to close its file on this matter and return it to its client immediately.

 

You are reminded that should BCW/Hoist Portfolio wish to dispute the status of the alleged debt the onus of providing unequivocal proof that it is not so barred fall entirely on BCW and its client.

BCW/Hoist are also reminded of the OFT Guidance on selling debt without notifying the purchaser of the status of the debt.

BCW/Hoist Portfolio WILL confirm in writing with in 7 days that the matter is closed.

 

This is my FINAL RESPONSE.

 

send this by RM recorded/signed for post and check its receipt.

Edited May 19, 2013 by BRIGADIER2JCS

[silverfox1961]

If anyone happens to turn up tell them to foxtrot oscar as they would be trespassing if they refuse. DCA's threaten this that and the other but that is generally what it is, a threat.

[BRIGADIER2JCS]

If anyone happens to turn up tell them to foxtrot oscar as they would be trespassing if they refuse. DCA's threaten this that and the other but that is generally what it is, a threat.

 

Good morning SF good to see you around!!

 

Brig.

[silverfox1961]

Good day sir Not as much as I would like nowadays. I still check in regularly but I see lots of knowledgeable peeps answering queries so well that there is little point my adding to it.

[unclebulgaria67]

Hi Silverfox,

 

Thanks for the response. That was kind of my gut reaction - ignore! I'm just worried that they will start sending people round the house - I have young children and don't want them upset by this.

 

However, ignore I shall!

 

I don't think BCW use doorstep collection agents. If they do, then all they are is self employed commission only agents who are given lists of people in their area, who they might be able to obtain payment from. I have had one such visit to my address related to a relatives debt, who had gone abroad using my address for correspondence. It was a one minute visit, as I gave them direction to the airport, where they could get a flight from. Any way, they have no powers and they are after easy wins. Just tell them you are not interested, they will leave and not come back.

[sahpixie]

Hi Brigadier, No way have there been any payments, as I said, I've lived here for nearly 10 years with nothing at all mentioned about the account never mind anything else! Now torn between sending your most excellent letter or not sending anything at all though!

 

Decisions, decisions!

 

Sarah

[sahpixie]

Actually, this DID get me to check my credit history and it's clean ... nothing adverse at all!

[BRIGADIER2JCS]

Hi Sara, until you send an SB letter the DCAs will keep harassing, then pass the debt on and it will start all over again.

The letter drafted does not cause ay problems as to the stat barred status so for the price of the postage you are rid of this for

good.

[BRIGADIER2JCS]

I don't think BCW use doorstep collection agents. If they do, then all they are is self employed commission only agents who are given lists of people in their area, who they might be able to obtain payment from. I have had one such visit to my address related to a relatives debt, who had gone abroad using my address for correspondence. It was a one minute visit, as I gave them direction to the airport, where they could get a flight from. Any way, they have no powers and they are after easy wins. Just tell them you are not interested, they will leave and not come back.

BCW us Scotcall for doorstepping regualarly.

[sahpixie]

Hi Sara, until you send an SB letter the DCAs will keep harassing, then pass the debt on and it will start all over again.

The letter drafted does not cause ay problems as to the stat barred status so for the price of the postage you are rid of this for

good.

 

Agreed, yes, good point. It would be nice to shut the door on this permanently! Ok, will do that then.

[BRIGADIER2JCS]

Agreed, yes, good point. It would be nice to shut the door on this permanently! Ok, will do that then.

Good you'll feel better for it!!

[BRIGADIER2JCS]

Good day sir Not as much as I would like nowadays. I still check in regularly but I see lots of knowledgeable peeps answering queries so well that there is little point my adding to it.

You contributions are always valuable!!

 

Have a good day.

 

Brig.

[silverfox1961]

Good you'll feel better for it!!

 

Couldn't agree more. These companies (little'c') have absolutely no power over you. They use your lack of knowledge to intimidate and threaten all sorts without the power to do so. Only a court has any power but as this 'debt ' is SB they won't even go there.

[sahpixie]

Hi! Me again! I thought I'd update. I posted off the letter (Recorded Delivery) on the 20th and it was received by them on the 22nd, so tomorrow will be the 7th day. I did ask them to write back confirming that the matter had been dropped but I've had nothing from them (yet!)

 

So, I guess, my next question is - do I hassle them for a response or just leave it? Is getting confirmation from them that important or should I just be grateful that they appear to have gone?

 

Thanks again!

Sarah

Edited May 28, 2013 by sahpixie

[sequenci]

Just leave it, you've made your position clear enough

[BRIGADIER2JCS]

Hi! Me again! I thought I'd update. I posted off the letter (Recorded Delivery) on the 20th and it was received by them on the 22nd, so tomorrow will be the 7th day. I did ask them to write back confirming that the matter had been dropped but I've had nothing from them (yet!)

 

So, I guess, my next question is - do I hassle them for a response or just leave it? Is getting confirmation from them that important or should I just be grateful that they appear to have gone?

 

Thanks again!

Sarah

 

Give them until Friday Sarah.

[sahpixie]

Give them until Friday Sarah.

 

Hi again,

 

Oh yes, I'll definitely do that but I just wondered what happens next if I don't hear from them. In some ways I can't be bothered to keep scribbling letters to them (isn't that bad?) but on the other hand I would like some proper closure. Just wondered whether it was even worth contacting them again.

 

....postman just been and gone, still nothing. They really don't want to write to me do they!

 

Sarah

[BRIGADIER2JCS]

Ok have this ready to go to BCW as before,

 

 

Sir/Madam,

 

I refer to my letter dated xx xx xxxx received by you on xx xx xxxx . I am most surprised not to have had acknowledgment of this letter and it contents, as BCW have not the courtesy to respond I now consider the matter closed and any further contact from BCW attempting collection on a Statute Barred Debt will be treated as harassment and reported to the appropriate authorities.

 

Should this Statute Barred account reappear at any time in the future in the hands of any other party BCW will be reported for breaching section of the OFT Guidance on Debt Collection 2003 updated November 2012, section 3.23 © 'Failing to identify to debt purchasers that debts are known to be statute barred.

 

Ok Sarah?