Buchanan Clark & Wells & Scottish Power debt

[Markiemark1]

Data Protection may not apply as no doubt in their terms and conditions it states they can share your data with third party agencies acting to recover debts blah blah blah

[zander]

Its arrived at last, the legal notification for preparation of claim against me in my local court. As they and Scottish Power have until 9th April to provide me with a response to my CCA request (invoice) at which time they have committed an offence, can anyone provide me with an appropriate written retort?

[zander]

Legal notification received today from bc&w threatening court proceedings. I need to write to SP to advise them of their shortcomings regarding non appearance of invoice. Anyone have the correct address and name of contact?

[Smokin Jo]

See http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/62170-buchanan-clark-wells-plc.html for addresses on our friends at BC+W.

 

I'm still waiting for my "invoice"........

[zander]

I wrote to SP to give them a taster of what's to come. I'll post when they respond. Meantime I'm ignoring the court proceedings from BCW.

[zander]

SP replied saying that BC&W are acting on their behalf and therefore don't need to invoice me??? As I've never received any communication from SP other than what I initiated, should SP or bc&w provide this as stated by bcw in their response? 12 days + 30 have now passed.

[PriorityOne]

SP replied saying that BC&W are acting on their behalf and therefore don't need to invoice me??? As I've never received any communication from SP other than what I initiated, should SP or bc&w provide this as stated by bcw in their response? 12 days + 30 have now passed.

 

 

A debt with Scottish Power is not covered by CCA law.... so you are not protected. If you contnue to ignore them, they may go for a CCJ...

 

If it's a large amount, you may want to send a SAR to BCW for unlawful charges. If not... you need to come to an arrangement, but don't do it over the 'phone. If you cannot afford to pay it in one hit... then enclose a cheque for a nominal amount and a letter to explain that monthly payments will be forthcoming.

[zander]

Could I sar S Power?

[PriorityOne]

Could I sar S Power?

 

 

You can send a SAR to any company that holds data on you.... but you cannot ignore BCW in the hope that a CCA request will protect you because it won't.

 

If you do decide to SAR SP, then you need to inform BCW ( rec. delivery) that the account is in dispute and no further action can be taken at this time.

 

[zander]

Thanks PriorityOne. I'll probably do that as SP, after I wrote to them with complaints upon their not following statutes and legislation, reduced the amount owing by £160. As I've never received any form of contract from SP, I'm wondering about third party intervention and the DPA?

[PriorityOne]

You could raise a query over third party intervention under the DPA and see what they come up with....

[zander]

The 40 days are up for Scottish Power who have failed to supply me with a S.A.R - (Subject Access Request). I've sent the non compliance, "letter before action" but am wondering what happens next? I'm also writing to the Information Commissioners Office with copies of correspondence, proof of posting etc; are there fines for non compliance from the Information Commissioners Office or do they just provide a slap on the wrist?

[rory32]

The ICO can fine a company up to £5K. They are currently dealing with a lot of complaints and it is currently taking them about 5-6 weeks to deal with individual complaints.

 

If you wish to pursue SAR non compliance through the courts then you may wish to look at this template if you are in England/Wales http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[zander]

Thanks Rory. I'm in Scotland but have used MCOL with an English correspondence address before.

[rory32]

Not sure if you can use MCOL for non compliance as I've never used MCOL. The Scottish procedure would be to use a small claims for and use the same sort of wording as in the previous link for the N1. Just change the wording to pursuer and defender rather than claimant and defendant. Should only cost you £5 I think to file - which obviously you claim back from Scottish Power.

[zander]

Your a great help. Thanks Rory.

[zander]

Have been advised by Scottish Power that the sar is to be posted to me today. This is in response to my LBA sent on the 23rd May received 24th May. If my calculations are right, they just squeeze in before the 7 days and court action. What now, as they still took 47 days to produce, by law, the sar? I certainly don't want to let them off the hook for this non compliance and wonder if the ICO will actually do anything now that the sar is received?

[zander]

Just wonder if anyone has any thoughts on this?

[rory32]

They probably won't do anything - but report them if you want.

 

While they haven't complied in the timescale required, they're not that far outside it.

[zander]

I received the sar today from S Power. Question is relating specifically to them instructing a DCA. There is a note stating it was assigned to them but I don't have any written notification of this being done. Secondly, can they pass on my details to a third party without my authorisation or are all utility companies exempt from this ruling??

[zander]

Further to the above, there are no notes or documents relating to instances of manual intervention. If there was, how would this appear on the sar? It would appear to me that it's incomplete, therefore looking for advice before informing them of missing detail.

[last1standing]

I got ignored by Lloyds for my CCA on a current loan, i have now passed it on the the Trading Standards people. I will give them a month then start kicking up a stink again. Good luck

 

Last

[zander]

Hi All

 

I'm sure this is covered on here somewhere: I received a formal demand letter from a nice DCA with a sum including a [Compensation Rate] administration charge to "compensate our clients for the costs incurred in recovering this debt"

Now then, is this a load of nonsense or can they add whatever they see fit? It looks like it's in the region of £240!!

 

Thanks for your assistance

[pmhcfc]

Hi All

 

I'm sure this is covered on here somewhere: I received a formal demand letter from a nice DCA with a sum including a [Compensation Rate] administration charge to "compensate our clients for the costs incurred in recovering this debt"

Now then, is this a load of nonsense or can they add whatever they see fit? It looks like it's in the region of £240!!

 

Thanks for your assistance

 

It's bull***t...and you should write to them and tell them as much...Have you CCA'd this bunch of muppets? Also, name names...who are the DCA and the original Creditor?

[rory32]

They can't add any charges to the account other than those awarded by a court e.g. court costs. As they have never been to court on this account they can't add any charges.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Have a look at 2.9 and 2.10