Wescot - TBI Financial Services

[cricket1]

I CCA'd Wescot in 2006 - they never replied.
Prior to finidng this forum, I CCA'd in 2007 and they placed account on hold and nothing ever came back from them as far as an agreement went.

Now TBI have stated that HFC sold the rights , title and interest in, to and under inter alia, my agreement to TBI.

They ask for direct payment now.

I wrote and advised account was in dispute due to CCA never been provided and now letters with the promise of CCJ, Court Action etc etc comes.

My understanding is that I had a dispute with Wescot who then passed it back to the Bank and the BANk then sold the debt on.

IS THERE ANY TEMPLATE THE SAGES CAN POINT ME TO, TO SEND TO OUR FRIENDS?

I have all evidence including a letter form WCS saying account on hold...

Can they sell back if in dispute?

Thanks

[ScarletPimpernel]

All you need do is send them a short letter:

Dear Sirs

On (date) I made a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. The request was never complied with.

You will be aware that when a creditor is in default of such a request, he may not enforce the agreement or demand payment. Your letter dated xxx is therefore an unlawful demand, and your threat of litigation vexatious.

In the circumstances, I regret that I am unable to enter into further correspondence. If you do not understand this letter, you should seek legal advice.

Yours etc.

They'll probably come back with some drivel about having bought the rights but not the responsibilities, in which come back and we'll give you the next letter.

[cricket1]

Thanks SP...

[cricket1]

Hi All,

TBI have written to say that the Original Lender are not aware of any dispute between them and Wescot.

They allege that the agreement was sent when I made my CCA request (no they never sent me anything), never followed up...You would expect them to chase for payment if they had the Agreement....Got you there TBI...

They have requested the agreement again for the lender and will forward.

Now, can they do this as the agreement was never originally provided and now Wescot have sold on to TBI...

Any thoughts, comments or ideas for a further letter to be sent....

Thanks

[42man]

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 2007.
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

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

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

[cricket1]

Cheers 42MAN,

This template has already gone and the above was their reply.

I also CCA'd Wscot in 06 and that was not complied with so them harping on about sending me the agreement in 07 is far fetched.

I will wait and see what they come up with...unless there are any wiser ideas?

[cricket1]

Anyone with any ideas?

Cheers

[ScarletPimpernel]

This is probably another example of the way in which DCAs respond to correspondence by sending out template responses.HSBC, for example, used their 'we did not receive your letter' template on no less than six occasions, despite having signed for every one of them! I shouldn't be surprised to find that 'the OC has already sent you the agreement' is a similar ruse.Wait and see what their next move is. Their options are limited. You can prove that you made a formal request for the agreement; the OC is in default of same, and whilst they shouldn't have assigned the debt neither they nor the assignee can demand payment or enforce the debt whilst the default continues.If you wish to respond (not entirely necessary in my view), I'd suggest a very simple 'Thank you for your letter of xxxx. My position was set out in my letter of xxxxx, and has not changed.'

[2Grumpy]

It will be interesting to see what they provide now. If the agreement existed last year, they will have been especially careful with it in the circumstances ...

Grumpy

[tomterm8]

Originally Posted by cricket1

I CCA'd Wescot in 2006 - they never replied.
Prior to finidng this forum, I CCA'd in 2007 and they placed account on hold and nothing ever came back from them as far as an agreement went.

Now TBI have stated that HFC sold the rights , title and interest in, to and under inter alia, my agreement to TBI.

They ask for direct payment now.

I wrote and advised account was in dispute due to CCA never been provided and now letters with the promise of CCJ, Court Action etc etc comes.

My understanding is that I had a dispute with Wescot who then passed it back to the Bank and the BANk then sold the debt on.

IS THERE ANY TEMPLATE THE SAGES CAN POINT ME TO, TO SEND TO OUR FRIENDS?

I have all evidence including a letter form WCS saying account on hold...

Can they sell back if in dispute?

Thanks

If wescot bought the debt and sent you a notice of assignment, there is no legal right just to "return" the debt. Have you got the old paper work?

[2Grumpy]

Wescot could have been collecting as agents even if they said differently - but then again - so could the new lot

Grumpy

[cricket1]

Hi there,

Seeking further advice.

TBI have recently sent me a statement of account and loan agreement which si fine and more than the original dca ever did.

I have not CCA'd TBI but merely tell them that its in dispute wiht Wescot as they didnt comply to my CCA.

TBI solicitor is threatening the usual and also saying that TBI have bought the debt inter alia etc etc.

Can someone advise me what to do, as I think Wescot should be dealing with this.

Thanks

[42man]

If TBI have sent you the agreement and it is ok, then you'll have to come to some payment arrangement with them....as they own the debt and they have an enforceable agreement, there isn't much else you can do....your dispute with Wescott isn't valid any more...

[asf1]

Before you agree to anything, pls scan and post a copy of the alleged agreement here.