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HELP!!!!!

Last post Wed, Mar 12 2008, 10:53 PM by conmankiller. 3 replies.
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  •  Wed, Mar 12 2008, 10:53 PM

    Re: HELP!!!!!

    No probs -- Let us know how it all goes, hopefully that letter should be the end of it.

    I would only write to BC&W recorded, as they are the only company making the claim.

    Oh and thanks for the Five star (merit marks)........ it's like being back at school again. : - ) I wish !!

    • Post Points: 5
  •  Wed, Mar 12 2008, 10:45 PM

    Re: HELP!!!!!

    Hi, thanks for the reply. Took your advice and just did a search on these people. WOW!! Looks like they try it on left right and centre!

    Will be writing a letter to both bc+wells and provident demanding proof that i owe them this money.

    Thanks once again.

    • Post Points: 20
  •  Wed, Mar 12 2008, 9:58 PM

    Re: HELP!!!!!

    Hi --- Initially place the words, "buchanan clark and wells" into Google, it lets you view other consumer forums where people have had the misfortune of dealing with this company, then you will better understand how they operate.

    Point 1) The company BC&W who claim you owe them money should have the full proof, and be able to furnish it on your demand.

    Point 2) Did you contact the initial company asking who the collector was when you repaid the amounts. He may well remember calling on you for the weekly payments and that you always paid them until the debt was fully settled, assuming you paid cash, if not a cheque payment can be traced through your bank, also were there any independant witnesses present when they called for payment who could support your claim. ?

    Point 3) They are either very incompetent or are just trying it on, in the hope you will be intimidated into paying their demands.

    You should send a letter recorded delivery stating that you absolutely dispute any debt whatsoever and that the initial agreement has been settled in full. The burden of proof that you owe anything at all is for them to prove by showing the original credit agreement that bears your genuine signature firstly, before they could have any chance of substantiating their claim.(point 4)

    You should word it similarly to the following to suit your own requirements :

    Reference the debt number ?? Your name address & date

    Dear Sir / Madam,

    In response to your disputed claim that I owe you any money regarding the debt you mention above, I would like to make it crystal clear that this amount of money was paid in full and completely settled back in the Summer of 2005 directly to Provident personal credit, and that you are wasting your time and mine by trying to pursue a debt that does not legally exist because it has already been repaid in full.

    I request firstly that any proof of this debt is produced to myself, i.e. a copy of the dated original credit agreement that bears my signature at the time this agreement was taken out by myself.

    If this proof is not forthcoming then under the, "consumer credit act 1974" the alleged debt which you cannot provide proof of will be deemed to never have existed, and your continued claim is therefore unlawful and any further contact from yourselves about this matter will be considered harassment under, " section 40 of the administration of justice act" which makes it illegal to repeatedly demand or harass a person about an unproven debt.

    I am putting you on notice that any further contravention will be reported to the OFT and local trading standards, who have the powers to fine, suspend or totally revoke your credit licence, where they consider you have abused your powers.

    Signed...............fluffycat.

    • Post Points: 50
  •  Wed, Mar 12 2008, 8:31 PM

    Back in the summer of 2004 i was going through a particularly hard time money wise and was forced to take a loan out from Provident Personal Credit. The loan was for £500 and it was collected on a weekly basis until paid for in full around summer / autumn 2005. Where' s the problem you ask?

    Today, totally out of the blue, i received a letter from a company called buchananclark+wells advising me they have been handed my debt of £419.00 owed to Provident! What the heck!!??

    The terribly unhelpful lady at bc+wells told me they had no further details other than the amount owed and that it was passed to them in January this year. She also said i would have to prove i had paid the debt in full. Of course i have my payment card still on me 3 years down the line and never had no further contact from them, haven't i? NOT!!

    Upon calling Provident for assistance in the matter, the delightfully vague but tried eversomuch to help me young man informed me they also did not have details of my debt, this would have all been passed to bc+wells!! WHAT!!??

    Questions:

    1) Who should have full details of my alleged debt?

    2) Where do i stand not having my payment card proving i have paid in full?

    3) Why after 3 years and no further contact from them have they suddenly decided to do this? Can they do this?

    4) If neither of them can provide evidence of the alleged debt, do they have a leg to stand on?

    Any suggestions gratefully received, am currently composing a letter to Provident customer relations asking for full details of the debt, but any ideas / legal jargon i can quote would be ever so helpful.

    • Post Points: 20