Wescot DCA

[mrlimes]

I received a letter from Wescot last year requesting I pay a debt, either by payment plan or in full in reference to a loan taken with HFC.

I issued them with the letter requesting a copy of the agreement under S77-79 CCA1974 on 4th November 2006 to which they failed to respond.

They sent me a faxed copy of the last page of the agreement on 23rd January. I want to know if they are in breach of the CCA as it is more than one month since the original demand was made, and need to apply with to the courts for it to be reinstated or is this acceptable?

The reason I query is they don't acknowledge any of my correspondence [which is sent recorded delivery and royal mail have confirmed receipt every time] and have now issued me with a 14-day final demand. Any advice would be greatly appreciated!

[lookinforinfo]

You have a choice.
They are in breach of the Consumer Credit Act-in fact thay have committed a criminal offence and require a Court Order before they can pursue you for
the debt.

You can either point out that they need a Court Order, and they will probably
drop all moves against you, since they are only making things worse for
themselves by not doing so. If your debt is not for a large amount, they will
forget about you as they will not want to go to Court and admit they have committed an offence, and face a fine of up to £2500.

Or you can complain to Trading Standards who will probably take them to Court. Once they have been fined etc, they may as well pursue you for the
debt-to try and recoup their fine at least.

[mrlimes]

So if I politely point out to wescot that they've breached the CCA and will need a court order to pursue the debt then unless they do that, they have no legal standing. Am I correct?

Also, if they do apply for, and are succesful in obtaining, a court order, can they insist on immediate repayment of the debt in full?

I just want to make sure that we've covered all bases before going in for the kill!

Thanks for all your help as well, otherwise I'd be completely stumped!

[diskmandave]

If you read between the lines of lookinforinfo's post, you could possibly write to Wescott and inform them that they have committed an offence, by Rec/Del of course, and state that if they contact you again you will have no option but to report to TS & OFT and my guess is you'll never hear from them again.

OR, you could report to TS/OFT, they might get fined, but they'll then come after you and with a vengeance!

I hope this works out for you as i'm dealing with Wescott too!
Keep us posted!

Good luck, Dave.

[lookinforinfo]

Mrlimes, if they do takr you to Court, it is not 100% guaranteed that the
Judge will allow them to pursue you for the debt.-it may depend on how much thet have harassed you in the meantime and what effect the delay in
supplying you with the documents has had on you.

you will need to go to Court and present them with a run down of your
income and expenditure, from which the Judge will decide a monthly
repayment plan-and he can decide on any amount from a couple of pounds
upwards. Unless you have a large sum of money in your account, he will not
make an order for immediate payment.

Each case is decided on their merits.

[willy2006]

My situation is strange and i may be better taking legal advice now cause its very complicated but ill share it and see if you can point me in the right direction.1.i pay cccs on a DMP 2001.I reduced payment in 2005 due to self employment.Owed mbna a loan and credit card approx 2700 and 2500.Nov 05wescot took over debt,and added default,mbna also added default neither told me or cccs.Have followed advice from site asked for sars from mbna,just stalling all time.Asked wescot and mbna for proof of data or removal of defaults mbna s letters are just waffle,wescot never replied.Do i send letters of non compliance LBA to both or after seeing this post stop paying wescot and use different tactics.CCCS are now paying mbna with a balance of 2500wescot with a balance which has risen to 42775 cccs say it is my responsibility to find out why balance has risen.But no one will reply to me with answers Information Commissioners Office have been unhelpful Where do i go now?all answers are great on this site but its getting very very confusing to say the least hope you can help.