Westcot and Me...

[jamesroberts]

Ok, I have a default registered on my file, its 5 years old but I want to sort it.
I wrote to Barclaycard on the 19th of Feb with the standard Subject Access Request including my £1 postal order as this was who the original debt was with, I also sent the same to Westcot who also have a second default registered against me for the same alleged debt.

I have heard nothing from Barclaycard but today had a letter from Wescot returning my letter and saying because I did not include my 'Westcot Ref No' they could not locate my account.
Now, I included my full name and address and the start date of the Barclaycard account as I have no idea what their ref no is so what can I do?

[lookinforinfo]

James, the fee for an Subject Access Request is £10 and while this is the correct tactic to use
with Barclaycard, you are much better sending WEstcott a CCA request-
where £1 is the fee, providing the debt has not been paid off already.
Whose name is the default registered in?

[jamesroberts]

Originally Posted by lookinforinfo

James, the fee for an Subject Access Request is £10 and while this is the correct tactic to use
with Barclaycard, you are much better sending WEstcott a CCA request-
where £1 is the fee, providing the debt has not been paid off already.
Whose name is the default registered in?

Sorry, it was a cca I did not an Subject Access Request.
The default is in my name at the address I gave them.

[jamesroberts]

Can anyone offer some feedback on this??

[sammy115]

Hi James

Just wondered if you had got anywhere with Wescot as I am thinking of writing to them with regard to my Barclayloan debt.

[jamesroberts]

Hi Sammy,

Yes I did.
I followed all the usual Subject Access Request stuff.
I then phoned westcot and gave them all the details.
A gentleman on the end of the phone asked how I intended to pay the debt, I explained that he must be confused and that I was calling to get the name of their md so that I could put his name on the court papers as I intended to sue them.

He put me through to a manager who I told that I had spoken with trading standards along with the other relevant bodies and how trading standards have had so many complaints about them that they have encouraged me to commence a civil action and I explained that they have commited a criminal offence by not supplying the information and I basically needed to know who at the company was planning to do the prison time.....

They wrote the debt off strait away and sent me a letter by first class post to confirm it.

[gerih]

Brilliant. I have written to these idiots telling them that they have failed to prove any debt and that I do not expect to hear from them again. If I do, then I will follow your lead.What happens, though, if they simply say that they have sent the alleged debt back to the originator?

[jamesroberts]

I guess you have to go through the same thing with the originator!

[gerih]

Thats true. But even if Westcot do send it back, I will report them for not supplying the credit agreement.

[bjoh69]

i have had yet another harrassing phone call from wescot they are threatening to pass on to their legal dept.have they got one or does anyone know of them ever taking someone to court.

[oldrectory]

I had a letter from them teliing me they had send the debt back to the originator - seems like a cop out to me and passing the buck! I think I will report them too for not complying.

Can anyone direct me towards the right letter for this.

Thanks

Oldrectory

[bjoh69]

ok what is the next step if they dont comply with a request for a credit agreement.

[oldrectory]

Well....

Phone Westcot to ask who I would send a complaint to regarding not providing the CCA.

I was told that the 'client' had recalled the debt and they didn't really know what that meant. They said that they had requested the CCA from the client and that it was this point they recalled it.

I phoned phoenix Recoveries to ask why they had recalled it and was told that Wescot has sent it back to them and had NOT requested a CCA and not recalled it themselves. Phoenix have sent it on to BCW on the 28th June. They did order the CCA today.

Now from what I have read on here, there are two avenues:

1) If Westcot did send it back, because it is in dispute (and default - over 12 days) they have broken part of the guildlines or CCA of not passing it on if there is a dispute?
2) If Phoenix did request it back after being asked for a CCA and have also sent in on to BCW aren't they in breach of regulations for passing on when it is in dispute?


Reading between the lines of the telephone conversations, I feel that it is Phoenix that are bullsh*tting! Westcott said they had had e-mails etc on record regarding the CCA request
Can you let me know what to do with this please!


Thanks

Oldrectory

[oldrectory]

Hi,

Had a reply from the original creditor today - Littlewoods direct.

Their letter says:

We refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for you information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which hae taken place.

.... Some info about the account

If a third party is acting for you, please pass a cop of this letter to your representative.

Yours......

Harrah - they don't have a signed agreement to supply me so its NOT enforceable.

Now, Westcott were dealing with this but sent it back to Phoenix Recoveries who have told me they have sent it to BCW (even though it was under dispute).

I'm assuming that Littlewoods may not have told Phoenix about this LACK of agreement.

What letter should I send to Phoenix to say no cca - bog off!?????

Can I now get the default removed/details removed from my credit file?

Thanks

Oldrectory

[itsamomentintime]

Originally Posted by oldrectory

Hi,

Had a reply from the original creditor today - Littlewoods direct.

Their letter says:

We refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for you information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which hae taken place.

.... Some info about the account

If a third party is acting for you, please pass a cop of this letter to your representative.

Yours......

Harrah - they don't have a signed agreement to supply me so its NOT enforceable.

Now, Westcott were dealing with this but sent it back to Phoenix Recoveries who have told me they have sent it to BCW (even though it was under dispute).

I'm assuming that Littlewoods may not have told Phoenix about this LACK of agreement.

What letter should I send to Phoenix to say no cca - bog off!?????

Can I now get the default removed/details removed from my credit file?

Thanks

Oldrectory

well congratulations, you have won!!

[fatboydukey]

Hi Oldrectory

I sent this one! Delete/add bits that would be relevant for you

ACCOUNT IN DISPUTE

Dear Sir or Madam,

DCA Ref:
Client Ref
Thank you for your letter dated ****. I must admit that I am rather bemused as to why this account is still being pursued by yourselves, as it is in dispute with ***** and has been since *****. 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

As ***** are now in default of my Consumer Credit 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.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Now I would respectfully suggest that this account is returned to (original creditor)***** for resolution of these defaults and breaches, as (DCA)****** cannot lawfully pursue any enforcement activities.

If (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.

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account

In addition to payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable


I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully


Remember DONT sign your name - either print it or use a digital signature (I use a fancy font and print my name in that font)!

HTH

FBD

[bjoh69]

i have had a letter from wescot for a debt that has been passed on from another dca.i did write to the other one asking for a cca but instead of producing one they decided to pass it on.can dca,s do this is it common practice.has anyone had a similar experience.

[hawk1979]

I wrote to Westcot the other month requesting information on two accounts that there say i owe money to. I got a letter back requarding each account and was informed that they no longer hold the accounts. So far i have not received any letters from other companys saying i owe them the money. Also you should get full details on what date westcot took hold of the account and how much the debt was then. Also find out how much it is now, without a signed credit agreement there are not allowed to chase you for the debt nor are there allowed to add intrest and charges to the account.