Advice needed please Buchanan clark&wells

[camartist]

any help on this matter would ease our worries,just over seven years ago my husband was working we got goods from scottish power,he left job through illness,in lot of debt ,sent letters to pay small sums monthly.first national tricity finance agreed £10 a month, the last payment i gave them,and i have all documents was Dec 99. We moved house never heard a thing till Oct this year, Buchanan&Wells sent a formal demand saying they were acting for Aktiv Kapital . We denied it they kept phoning threatening legal action,they sent final notice, by chance i saw this site and read about statute barred the last payment made was over 6 years 10 months ago, i printed out the letter sent it recorded delivery, they phoned again we said we sent letter they acted coy,as if they hadnt recieved it,said they would take action. they phoned again my husband said they were harassing us.they havent contacted any more. we dont know what they can do. they never mentioned ccjs we never had one that we know.would we have one? because we moved would we know? this is worrying my husband a lot.wouldnt they have said on phone? Please help if you can

[lookinforinfo]

They really are the pits. You have sent them the letter so they should now

leave you alone as what they are doing is harassment.

I know it is easier to say than do, but stop worrying- they will NOT take you to Court. If they call again, do not talk to them-put the phone down. If

they call back, put the phone down and leave it off the hook. Keep a record

of the times that they call and write a letter to your local Trading Standards

office, explaining that you sent BCW the statute letter, but still they are

harassing you. Tell them how often they have called since the letter and

ask TS what action you can take as your husband does not enjoy good health,

and their actions are not helping. Send a copy of the letter to BCW and

hopefully that should be the end of it.

[camartist]

thanks for advice:) will do that, Any idea about ccjs ? would they have mentioned if we had one?

[tbern123]

Check your credit file online, just to make sure...

 

checkmyfile.com - Credit reference, Credit file, Credit score

 

Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk

 

Better safe than sorry, at least then you will know where you stand

[gizmo111]

I doubt very much if they have a CCj as they are threatening court action. If there is a CCj over 6 years old it will not be on your file.

[lookinforinfo]

I think in Scotland decrees last longer up there so I assume that the Limitations Act would as well .

[gizmo111]

I think in Scotland decrees last longer up there so I assume that the Limitations Act would as well .

 

Sorry, must be going blind, where does it say OP is in Scotland?

[lookinforinfo]

To be honest it doesn't. But the mention of Scottish Power and the fact that

Buchanan Clark & Wells... are based in Glasgow leads me to think it is a possibility.

[version302003]

bcw have joined with apex credit management who are also based in staffs. and they truly are the pitts

[camartist]

thought they had gone away!!!! got letter this morning saying if we dont pay they will take us to court and we will get added costs ,bad rating etc should i send off another letter the same as last one saying debt is stature barred again or are they just playing games with us ,my husband is starting to get worried again and hes due back in hospital soon.any help would be appreciated thanku all

[lookinforinfo]

If you have already written, This time point out that as they have not responded to your first letter, they should not be pursuing you as you are disputing there is a debt, and that the debt is out of date anyway. Threaten them with Trading Standards. Do not answer any points they have made in this lletter.

The fact that they have not responded to your first letter is a good sign

that the debt is statute barred, as they would have been quick to point it

out if that was not the case.

I take it that you know to keep copies of all letters you send them, and to

keep their letters too. In addition, send all mail to them by recorded delivery

as proof of delivery, in case you have to go to Court. [if the debt is out of

date, they will not take you to Court.]

[camartist]

thanku very much ,will send another letter doing what u say dont know what i would do without all your advice

[Sparkie1723]

Hi every one.

 

I know I, m repeating myself but every one who is having trouble with Buchanan Clark & Wells Ltd Follow this info, it will help you a great deal AAAAND if you push on harder after this you could have an unbeatable case for unlawful pursuit of a debt.

Go to the ICO web site click on tools & resources, this will allow you access to the ICO register of data processors.

Under sections 17 18 19 20 anyone who obtains holds stores data about individuals must hold a license to do so.

If they do not hold a license they are committing criminal offences under the DPA Type in Buchanan Clark & Wells Ltd, 24 George Square, Glasgow G2 1EG, you will find they do not have a license to process data. The address on the ICO's register must be that of the Companies registered office If you go to the Companies House register and click web search you will find that BCW ltds' Registered Office is 24 George Square Glasgow and ever since they took over Laidlaw Bruce Ltd they have been processing data about 1000's of people without a license.

License are NOT transferrable from company to company or individual to individual Non registration carries a £5000 fine every one should write to BCW and tell them of all this info and suggest some compensation for unlawfull processing of their data and using illegally obtained info to unlawfully chase a debt they should also write to the creditor and tell them the same as they are aiding & abetting and are part of the act of offences being committed and they are responsible for their agents Who are BCW. anyone who wants more info please contact me by all means and I'll help as much as I can ....I got my info deleted by BCW in 2 Days

Sparkie1723

[Guest The Terminator]

Nice bit of info sparkie I wonder how many DCA's are not regeistered Im going to have a look on the IC site later then tomorrow have one heck of a field day.

[NailPost]

Registration Number: Z6481590

 

This is from the Info Commissioner's public register of data controllers for Buchanan, Clark & Wells

 

Date Registered: 01 March 2002 Registration Expires: 28 February 2007

 

Data Controller: AVANCE GROUP LIMITED

Address:

16 FARMELOAN ROAD

RUTHERGLEN

G73 1DL

 

Other Names:

BUCHANAN CLARK & WELLS

ONE80

 

Seems they could be covered after all although their addresses don't tally. Not an expert on distance between Glasgow postal codes though.

[Sparkie1723]

Hiya Nail Post,

 

The info you gave is correct in one way but not in another, Buchanan Clark & Wells is not their legal name, their Legal name is Buchanan Clark & Wells Ltd. They have what all companies call "made a slight error" the usual get out trouble excuse, but they can't get out of this one.

The notification section of the Data Protection Act states that the address given by a Ltd company MUST be of their registered office, the registered office of Buchanan Clark & Wells LTD is 24 George Street Glasgow, the Act also states that licenses cannot be transferred from company to company nor individual to individual.

Therefore Buchanan Clark & Wells LTD cannot process data under the license held by Advance Group.That is a criminal offence under the Act.

By not informing the ICO of the change of particulars within 28 Days of the change is another criminal offence under the Act.

That is why The Lloyds TSB group has its own seperate license and so do other companies in the Group , & why other big group of companies must have their own each and individual license. Buchanan Clark & Wells LTD ARE NOT registered with the ICO.

 

You can be sure of that I've been checking the DPA out for 2 yrs now and can safely say what I have said. Keep smiling Sparkie 1723

[NailPost]

Have you reported this company to the Info Commissioner yet. It seems that if members of this forum now know about this it should be brought to the IC's attention asap to prevent these shysters making an urgent application for a licence

[Guest The Terminator]

Have you reported this company to the Info Commissioner yet. It seems that if members of this forum now know about this it should be brought to the Information Commissioner's attention asap to prevent these shysters making an urgent application for a licence

 

(3) For the purposes of this Part, so far as it relates to the addresses of data controllers-

(a) the address of a registered company is that of its registered office, and

(b) the address of a person (other than a registered company) carrying on a business is that of his principal place of business in the United Kingdom.

Prohibition on processing without registration. 17. - (1) Subject to the following provisions of this section, personal data must not be processed unless an entry in respect of the data controller is included in the register maintained by the Commissioner under section 19 (or is treated by notification regulations made by virtue of section 19(3) as being so included).

 

Taken from the DPA going to get some legal advice will post later.

[Guest The Terminator]

Have you reported this company to the Info Commissioner yet. It seems that if members of this forum now know about this it should be brought to the Information Commissioner's attention asap to prevent these shysters making an urgent application for a licence

 

Too late they won't get a licence because they have comitted a criminal offence under the DPA. Just spoke to a lawyer at work who has confirmed what Sparkie has posted.

[Boobaby]

Hi every one.

 

I know I, m repeating myself but every one who is having trouble with Buchanan Clark & Wells Ltd Follow this info, it will help you a great deal AAAAND if you push on harder after this you could have an unbeatable case for unlawful pursuit of a debt.

Go to the Information Commissioners Office web site click on tools & resources, this will allow you access to the Information Commissioners Office register of data processors.

Under sections 17 18 19 20 anyone who obtains holds stores data about individuals must hold a license to do so.

If they do not hold a license they are committing criminal offences under the Data Protection Act Type in Buchanan Clark & Wells Ltd, 24 George Square, Glasgow G2 1EG, you will find they do not have a license to process data. The address on the Information Commissioners Office's register must be that of the Companies registered office If you go to the Companies House register and click web search you will find that BCW ltds' Registered Office is 24 George Square Glasgow and ever since they took over Laidlaw Bruce Ltd they have been processing data about 1000's of people without a license.

License are NOT transferrable from company to company or individual to individual Non registration carries a £5000 fine every one should write to BCW and tell them of all this info and suggest some compensation for unlawfull processing of their data and using illegally obtained info to unlawfully chase a debt they should also write to the creditor and tell them the same as they are aiding & abetting and are part of the act of offences being committed and they are responsible for their agents Who are BCW. anyone who wants more info please contact me by all means and I'll help as much as I can ....I got my info deleted by BCW in 2 Days

Sparkie1723

Hi Sparkie - wow someone's been doing their homework. I have, as you are aware, opened a thread regarding these - 'not so very nice people!!' Just wondered whether or not I should be writing to BCW and GE Capital as suggested above and if so what sort of format the letters should take etc...

Thanks

Boo

[lannie12]

Hi, I'm a newbie to this, so if sound stupid, sorry!!

I was declared bankrupt the beginning of 2007. Everthing went smoothly, the Official Receiver & Court were great. I thought it was all over with.

For the last six months i have been harrassed by Buchanan Clark + Wells for a debt i don't believe is mine. It is about £800 for a debt from a catalogue not even my 91 year old gran would shop from!! I have stopped all verbal communication, as they began harrassing my 13 yr old daughter!! All letters I have sent have been ignored.

I had to declare myself bankcrupt due to mental health problems (i have manic depression....think Britney Spears, with more hair & less money)!! All the stress of the letters & threats of people coming to my home, is making my illness worse. I tried once to tell this to one of BCW's staff. She laughed at me, and said she'd heard it all before. Please can anyone offer any advice? Life can be hard enough, without these bullies kicking you down.

[lookinforinfo]

Hi lannie, welcome to the forum.

The first bit of advice we all give is never to speak to any of these people on the phone. They lie, they threaten and try to force you to make payments even when you don't believe you owe them any money. So only ever write to them and keep a file so that you can keep a copy of everything you send them, and what they send you. The reason you want them to write is that most try and avoid lying, but it is a difficult habit for them to avoid. and you have the added advantage that where they have lied or unlawfully threatened you , you have the proof to show the authorities.

 

One of our members, Curlyben, has composed a letter that you might want to send them and I have also added in the forums template letter to advise them to stop phoning you-you will have to amend a couple of things [like removing either me or us for example, and putting in their company name and putting in their reference number]

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I am also writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing especially as one time you were threatening my 13 year old daughter!!!

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!** remove this before sending lannie)

I/we look forward to your reply.

 

Yours faithfully

Edited August 23, 2008 by lookinforinfo

[lookinforinfo]

There is one more thing Lannie. If they do ever ring you, do not give out any of your information to them, like confirm your name for example. This should mean that they will get the message and ring off.

 

If you want to see how to deal with them or if you just want a laugh, see this thread-http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html

its some ideas on how to respond to the DCAs trying to frighten people. Who knows one of these days you might even be adding your own stories of dealing with DCAs on that thread. Basically what they are saying is not to take those phone calls seriously.

 

If you do get any replies from the above letter, it would be best if you started your own thread though, post it up on the forum and someone will come back and put your fears at rest and give you advice on how to respond, if at all.